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)
“Because a person is born the subject of a given state, you deny the sovereignty of the people? How about the child of Cuban slaves who is born a slave, is that an argument for slavery? The one is a fact as well as the other. Why then, if you use legal arguments in the one case, you don’t in the other?”
—Franz Grillparzer (1791–1872)