On 6/12/05, Jack quiet_celt@yahoo.com wrote:
Please tell us which case of the hundreds in this FAQ is the one you are referring to.
Search Function is your friend. =)
Playboy Enterprises, Inc. v. George Frena. 839 F.Supp. 1552 (M.D. Fla., 1993).
George Frena, the sysop of the Techs Warehouse BBS, had 170 digitized images from both Playboy and Playgirl magazine posted to his computerized bulletin board system. The two magazines were commercial adult publications protected under copyright law. Playboy Enterprises, owner and publisher of both magazines, sued Frena for copyright infringement. The Federal District Court acknowledged Frena's claims that the uploading had been done by his users without his approval; however, it still found him liable for intellectual property violation. It ruled that Frena's users had illegaly copied the pictures by digitizing them; furthermore, Frena had infringed on exclusive vendor distribution rights by making the pictures available for download by his users. It also found Frena in violation of trademark law, since the infringing material contained registered trademarks belonging to Playboy Enterprises (the Playboy and Playgirl logos).
This case established two things. First, courts can find against a defendant in an intellectual property dispute whether or not the defendant is aware of such activity. Second, intellectual property protection extends to all copies of a given work regardless of how they are made or the media on which they are presented.
all information taken from: http://www.worldofspectrum.org/EmuFAQ2000/AppendixB.htm