Date: Fri, 30 Dec 1994 21:43:23 -0800 (PST)
From: helana Kobrin <hkk@netcom.netcom.com
Subject: Infringements Through SUPPORT.COM
To: tom.klemesrud@support.com

                                                December 30, 1994     

     Mr. Tom Klemesrud
     Clearwood Data Services


     Re: Infringements Through SUPPORT.COM


     Dear Mr. Klemesrud:

          Since you hung up the telephone on me when I just
     attempted to speak to you by telephone, I am putting in
     writing what I was attempting to communicate.

          I am contacting you because your board service is being
     used for unlawful posting of copyrighted and trade secret
     materials.  Your assistance is needed to prevent these
     postings from continuing.  This letter also puts you on
     notice of the situation, and your refusal to take action will
     be deemed contributory infringement.

          I represent Religious Technology Center ("RTC") which is
     the owner of certain advanced level Scientology materials
     whose confidentiality is maintained by RTC and its licensees.
     The {only} copies of such materials which are in anyone
     else's possession were obtained by theft or misappropriation.
     In the case of the NED for OTs, or NOTs, materials, one such
     theft occurred from an Advanced Church of Scientology in
     Denmark, and one of the thieves was arrested, convicted, and
     served time in jail for the theft.

          These confidential materials have been judicially
     recognized as trade secrets in {Bridge Publications, Inc.  v.
     Vien}, 827 F.Supp.  629 (S.D.Cal.  1993).  These materials
     are also copyrighted, and the registration numbers can be
     furnished to you if you need those.  Civil and criminal
     penalties are available for unlawful copying of these
     copyrighted materials under 17 U.S.C.  \S 504 et seq., and
     damages are also available for misappropriation of the trade
     secrets under California Civil Code \S 3426.1, {et seq}.

          An individual named Dennis Erlich has been posting
     copies of these materials to the INTERNET through the BBS
     maintained by Clearwood Data Services.  The headers on his
     postings show that they are going through your system, which
     accesses the INTERNET through NETCOM.  The postings are made
     to the alt.religion.  scientology newsgroup.  Copies of the
     headers to his postings can be furnished upon request, but
     from your response to my call, I assume you are well familiar
     with them.

          Please be assured that Mr.  Erlich's postings are
     absolutely willful and that he is also well aware of the
     confidential nature of these materials.  Mr.  Erlich was
     formerly a member of the Church of Scientology and had access
     to certain of these materials under supervised conditions,
     only upon entering into agreements to maintain their
     confidentiality.  His postings are not inadvertent.  He has
     also been sent cease and desist letters by one of my
     co-counsel, but has only responded by additional postings.

          Mr.  Erlich has undoubtedly told you that he has free
     speech rights which permit his access or that the doctrine of
     fair use in copyright law permits his postings.  This is
     false.  His postings constitute wholesale copying, and the
     doctrine of fair use is inapplicable.  Furthermore, there is
     legal precedent establishing that free speech rights to not
     take precedence over intellectual property rights, and there
     are recent cases establishing liability for contributory
     infringement even for operators of systems which facilitate
     unlawful postings by others.  {E.g.}, {Sega} {Enterprises,
     Ltd.  v.  Maphia}, 30 U.S.P.Q.  1921 (N.D.Cal.  1994);
     {Playboy Enterprises v.  Frena}, 839 F.Supp.  1152 (M.D.Fla.
     1993).

          I hereby request that you inform Mr.  Erlich that he
     must cease and desist from any future postings which violate
     my client's intellectual property rights, and if he refuses
     to acquiesce, that you cut off his access to your BBS and to
     NETCOM.  While my client is not looking to become involved in
     litigation, and would rather work this out on a cooperative
     basis, it will not hesitate to do so to protect its rights.
     If we are forced to litigate over this matter, continued
     facilitation by you of Mr.  Erlich's offenses will force us
     to include you in any such legal action.

          Please advise what actions you will take on this matter.
     If you refuse to put a stop to Mr.  Erlich's illegal
     postings, please advise of the reasons for your decision.

                                             Very truly yours,

                                             Helena K. Kobrin


     cc Dennis Erlich
     cc John Hoffman