This section contains the nature of the case and procedural background.

D operates a subscription computer bulletin board service, Techs Warehouse BBS (BBS), that distributed unauthorized copies of P's copyrighted photographs. BBS is accessible via telephone modem to customers. For a fee, anyone with an appropriately equipped computer can log onto BBS. Subscribers may browse through different BBS directories to look at the pictures and customers may also download computerized copies of the photographs and then store the copied image from D's computer on their home computer. Many of the images include adult subject matter. One hundred and seventy of the images were copies of P's copyrighted materials. D concedes these materials were displayed on his BBS, that he never obtained authorization or consent from P, and that each is substantially similar to copyrighted P photographs. D admits that each of the files in question has been downloaded by one of his customers. Subscribers can also upload material onto the bulletin board so that subscribers by accessing their computers, can see that material. D claims that he never uploaded any of P's photographs onto BBS and that subscribers to BBS uploaded the photographs. As soon as D was served with a summons he removed the photographs copyrighted materials from BBS. D now monitors BBS to prevent additional copyrighted photographs of P from being uploaded.

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