Summarized by Kent Larsen
Judge believes Tanners will lose
Deseret News 20Nov99 N1
By Joe Bauman: Deseret News staff writer
SALT LAKE CITY, UTAH -- U.S. District Court Judge Tena Campbell
continued her order restraining LDS Church critics Jerald and Sandra
Tanner from posting the Church's Handbook of Instructions or including
links on their website to third parties that have posted the material.
She also indicated that the LDS Church seems likely to win its case
claiming that the Tanners have violated the copyright law.
In addition to ordering that the Tanners remove the Church Handbook of
Instructions from thier site, which she ordered on October 18th, and
ordering the defendants to stop directing visitors to other sites with
the material, Campbell called the Tanner's argument that the Church
hasn't shown that it holds a copyright on the material unpersuasive,
"First, the court considers whether there is a substantial likelihood
that plaintiff will eventually prevail on the merits" Judge Campbell
wrote in her order, "The court finds that plaintiffs have provided
evidence of a copyright registration certificate. Based on the record .
. . it appears that the plaintiff owns a valid copyright."
In her decision, Campbell also cited a federal court decision that
someone who knowingly induces copyright infringement by another "may be
held liable as a 'contributory' infringer." She also indicated that the
Church "will suffer additional irreparable harm if defendants are
permitted to direct others to Web sites containing the allegedly
infringing material. The court is unaware of any remedial measures that
could be taken to retrieve all the copies of the copyrighted material
that are downloaded."