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
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