U.S. District Judge Tena Campbell has continued a restraining order that prevents LDS Church critics Jerald and Sandra Tanner from posting on their Internet site transcripts of a church handbook or directing others to Web sites where the material was posted.
In addition, Campbell now spells out reasons she believes Intellectual Reserve Inc., legal copyright holder for LDS Church publications, will win its federal lawsuit against the Tanners.This is the third ruling by Campbell in the matter, in which IRI is suing to block the Tanners from posting copyrighted information on their Utah Lighthouse Ministry Web site or pointing others to Internet sites that have the information. Her first restraining order, issued Oct. 18, blocked the Tanners from posting portions of the "Church Handbook of Instructions" on the Internet; then on Nov. 10 she expanded it to prevent the Tanners from directing others to Web sites where material from the handbook was posted.
Last week the Tanners filed a motion to dismiss the suit, claiming IRI does not allege the 17 pages the Tanners posted are copyrighted as an original work. They also filed a memorandum saying that encouraging or providing information to another to visit a location where copyright infringement occurs is not a violation of copyright law.
In an order issued Friday, Campbell rejects the Tanners' arguments, calling them unpersuasive.
"First, the court considers whether there is a substantial likelihood that plaintiff will eventually prevail on the merits" following a trial of the case, she wrote.
"The court finds that plaintiffs have provided evidence of a copyright registration certificate," which amounts to evidence of the validity of the copyright. "Based on the record . . . it appears that the plaintiff owns a valid copyright," she wrote.
Also, she wrote, a trial probably would result in IRI proving that the Tanners' actions materially contributed to "the (copyright) infringing conduct of another."
The Tanners "are assisting persons in copying the allegedly infringing material onto their computer," she wrote.
Campbell cited a federal court decision that a person who knowingly induces copyright infringement by another "may be held liable as a 'contributory' infringer."
The Tanners have posted e-mail on their Web site that suggested an Internet user could "download the complete handbook" or send a copy of it to others, she wrote. "At least one of the Web sites defendants list explains how to quickly download a version of the handbook."
Because IRI has demonstrated it is likely to win the case, it is entitled to a presumption that it has been injured by the Tanners' actions, Campbell added.
IRI "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."
She added that it is in the public's interest to protect the copyright laws and the interests of copyright holders. The restraining order entered against the Tanners will remain in effect until the matter is settled.
A hearing to consider the Tanners' motion to dismiss the IRI complaint is scheduled for Jan. 6.