Legal – Cases – Edelman v. N2H2

Case Name: 
Benjamin Edelman v. N2H2, inc., Case No. 02-cv-11503-RGS, filed in the United States District Court for the District of Massachusetts. Judge Richard G. Stearns, presiding.

In July of 2002 the ACLU filed suit on behalf of computer expert Benjamin Edelman.  The suit sought to provide legal protections for Edelman to pursue the creation and distribution of software to decrypt N2H2’s filtering database.  The ACLU asked the court to protect Edelman from liability for violating N2H2’s license agreement, and from infringement under the Copyright Act of 1976 and the Digital Millennium Copyright Act.  N2H2 argued that Edelman did not have legal standing, and asked that the case be dismissed.

After an oral argument on the motion to dismiss, the judge dismissed the case ruling, “There is no plausibly protected constitutional interest that…outweighs N2H2’s right to protect its copyrighted property from an invasive and destructive trespass.”  The ACLU did not appeal.


Chronology & Legal Documents:
07/25/02          ACLU files complaint
09/30/02          N2H2 files motion to dismiss
10/30/02          ACLU files response to motion to dismiss
11/18/02          N2H2 Reply to Response to Motion to Dismiss
03/31/03          Oral argument on motion to dismiss
04/07/03          Court dismisses case

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