First Amendment Argument
Netcom argued that RTC's theory of liability contravened the First Amendment. The court held that imposing liability for copyright infringement where it was otherwise appropriate did not necessarily raise a First Amendment issue, since the copyright concepts of the idea/expression dichotomy and the fair use defense balanced the First Amendment and "promoting the progress of science and useful arts" clause of United States Constitution.
Read more about this topic: Religious Technology Center V. Netcom
Famous quotes containing the words amendment and/or argument:
“The First Amendment is not a blanket freedom-of-information act. The constitutional newsgathering freedom means the media can go where the public can, but enjoys no superior right of access.”
—George F. Will (b. 1934)
“Argument is conclusive ... but ... it does not remove doubt, so that the mind may rest in the sure knowledge of the truth, unless it finds it by the method of experiment.... For if any man who never saw fire proved by satisfactory arguments that fire burns ... his hearer’s mind would never be satisfied, nor would he avoid the fire until he put his hand in it ... that he might learn by experiment what argument taught.”
—Roger Bacon (c. 1214–1294)