websites on which the Handbook was available, nor that the defendants had induced the
operators of those websites to post the Handbook.^3057
The court concluded, however, that the defendants could be liable for contributory
infringement. Turning first to whether there was any direct infringement to which the defendants
could be contributing, the court concluded that when visitors to the sites on which the Handbook
was posted displayed the Handbook, an infringing copy of the Handbook was made in the users’
RAM.^3058 The court then concluded that the defendants were contributorily liable for such
infringement because they had actively encouraged it,^3059 based on the following facts:
The defendants posted on their website the comment “Church Handbook of Instructions
is back online!” and provided three links to websites containing the Handbook.The defendants posted e-mail suggesting that the lawsuit against the defendants would be
affected by people logging into one of the linked websites and downloading the complete
Handbook.
In response to an e-mail stating that the sender had unsuccessfully tried to browse a website
containing the Handbook, the defendants gave further instruction on how to browse the material.
At least one of the three linked websites encouraged the copying and posting of copies of
allegedly infringing material on other websites.^3060
Accordingly, the court entered a preliminary injunction enjoining the defendants from,
among other things, posting on their website the addresses of other websites that the defendants
knew, or had reason to know, contained the material alleged to infringe the plaintiff’s
copyright.^3061
- Ticketmaster v. Tickets.com
Ticketmaster Corporation operated the Ticketmaster web site, through which users could
purchase tickets to various events such as concerts and ball games. On the Ticketmaster home
page there were instructions and a directory to subsequent pages (one per event) containing a
short description of the event, date, time, place, and price, and a description of how to order
tickets via the Internet, telephone, mail, or in person. The defendant, Tickets.com, operated a
somewhat different ticketing service. Although Tickets.com sold some tickets to certain events
(^3057) Id. at 1427.
(^3058) Id. at 1428, citing MAI Systems Corp. v. Peak Computer, Inc., 991 F.2d 511, 518 (9th Cir. 1993) and Marobie-
Fl., Inc. v. National Ass’n of Fire Equip. Distrib., 983 F. Supp. 1167, 1179 (N.D. Ill. 1997).
(^3059) The court noted that “[l]iability for contributory infringement is imposed when ‘one who, with knowledge of
the infringing activity, induces, causes or materially contributes to the infringing conduct of another.’”
Intellectual Reserve at 1427 (quoting Gershwin Publ’g Corp. v. Columbia Artists Mgt., Inc., 443 F.2d 1159,
1162 (2d Cir. 1971)).
(^3060) Intellectual Reserve at 1428.
(^3061) Id. at 1429.