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Playboy Enterprises, Inc. v. Frena

United States District Court for the Middle District of Florida

839 F. Supp. 1552 (M.D. Fla. 1993)

Facts

George Frena (defendant) operated an online bulletin board that distributed unauthorized copies of Playboy Enterprises, Inc.’s (PEI) (plaintiff) copyrighted photographs. Subscribers to the bulletin board could upload material onto the bulletin board, and any other subscriber could see the material and download it onto their own computer. PEI sued Frena for copyright infringement. Frena argued that he never uploaded any of PEI’s photographs onto the bulletin board. Rather, only subscribers uploaded the photographs.

Rule of Law

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Issue

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Holding and Reasoning (Shlesinger, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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