1993: NII Initiative

The Working Group on Intellectual Property Rights was established to explore the application and effectiveness of copyright law and the National Information Infrastructure. The NII was described as “a seamless web of communications networks, computers, databases, and consumer electronics” (Information Infrastructure Task Force, National Telecommunications and Information Administration, National Information Infrastructure: Agenda for Action,1993).


1993: Playboy Enterprises Inc. v. Frena

The Florida Northern District Court held that Frena, an electronic bulletin board operator, had violated Playboy’s copyright when one of their photographs was digitized and placed on the bulletin board system by one subscriber and downloaded by another subscriber. According to the decision, “it does not matter that Defendant Frena may have been unaware of the copyright infringement. Intent to infringe is not needed to find copyright infringement. Intent or knowledge is not an element of infringement, and thus even an innocent infringer is liable for infringement; rather innocence is significant to a trial court when it fixes statutory damages, which is a remedy equitable in nature.”