Date: Sun, 31 Mar 1996 20:45:39 -0800 From: H Keith Henson Yo folks! Another letter from Helena showed up in my mailbox. [posted and mailed, cc to Judge Whyte] >Dear Mr. Henson, > > I represent Religious Technology Center ("RTC"), the owner >of the confidential Advanced Technology of the religion of >Scientology, and the holder of exclusive rights under the >copyrights applicable to the Advanced Technology materials. >Among these copyrighted and confidential materials are the >Advanced Technology materials of certain levels known as "NED for >OTs Series." Boilerplate. Do you have a macro programmed with this introduction? > I have been informed that you have posted NOTs Series 34 to >the Internet without the authorization of my client, who, of >course, would not have given such authorization had it been >requested. That I did. In particular the HCOB of Nov. 14, 1978. I presume by your complaining that RTC acknowledges this material to be an official copyrighted, trade secret, instruction manual for criminal activities? No wonder you want to keep it from being discussed! > I also see that you are claiming that you have talked >to the court and that this justifies your posting. You would have to be exceptionally dense to avoid noticing that the quoted document was right in the middle of a letter to Judge Whyte. > I am hereby placing you on notice that NOTs Series 34 is a >copyrighted, unpublished work. And I am hereby placing RTC on notice that the HCOB of Nov. 14, 1978 contains claims and instructions which seem to me to be both criminal in nature and in violation of certain court orders against the "Church" of Scientology. > Not only is it subject to the TRO >issued by Judge Whyte against Grady Ward (and will be subject to >the preliminary injunction once issued), it is also subject to a >preliminary injunction issued by Judge Whyte in Religious >Technology Center v. Netcom On-line Communications, Inc. against >Dennis Erlich. In both instances, the injunction is against Ward >or Erlich and their "agents, servants, and employees, and all >persons acting or purporting to act under his authority, >direction or control, and all persons anyone acting in concert or >in participation with any of them who receive notice of this >Order." These injunctions were issued on the basis that RTC was >likely to succeed on the merits of its claims. Well, lets see. I am certainly not any kind of "agent, servant or employee" of either Dennis Erlich or Grady Ward, nor do I act under any kind of direction or control. Now, you can go argue with Judge Whyte that all persons who happen to read a.r.s, agree with Grady or Dennis that CoS is a scam of a cult, and take independent action are "acting in concert or in participation." Lots of luck. > > You have also included in your notice a request for people >to send you the NOTs materials. I am not interested in just *any* old NOTs materials. I asked for NOTs materials which amounts to instructions for criminal acts, such as those found in the HCOB of Nov. 14, 1978, or fraud. I believe discussion of this subset(?) of these materials is in the public interest. I am prepared to go to court to defend my right to quote from and discuss the criminal acts and policies of the "Church" of Scientology. > Please be informed that the >California Uniform Trade Secrets Act prohibits even the >*acquisition* of materials containing trade secrets. I simply do not believe that anything which can be found by a few seconds of searching on any one of a hundred thousand computers all over the world can be considered a "trade secret." What is a non-profit *Church* doing with trade secrets anyway? Trade secrets are for *profit* making commercial companies. Or perhaps fraudulent scams. > It is for >this reason that Mr. Ward was enjoined under trade secret law. >Your solicitation of these materials is a violation of that law >and an inducement to others to do so. As I pointed out above, I asked for material which amount to criminal instruction manuals or material which shows evidence of fraud on the part of Scientology. It will be very interesting to be enjoined in a First Amendment pursuit which is so clearly in the public interest. You really should try. You don't even have to hire a process server. Give me a call, beeper # 408-521-0614, and I will come down to Mr. Hogan's office and pick up my papers. > I am setting forth below the TRO issued by Judge Whyte and >the notice which I posted after the TRO was issued. I hereby >demand that you cease and desist from any and all further >posting, reproduction, display, distribution, solicitation or >acquisition of NOTs Series 34 or any of the Advanced Technology >works of the Scientology religion. > > Sincerely, > Helena K. Kobrin Well, Helena, I am going to put it a little nicer than Grady would, but you can take your demand, fold it till it is all corners, and stick it where "the Sun don't shine." And, just to show I mean it, I am *again* asking for NOTs or any other Scientology "AT" materials, acquired by legal, or *illegal* means which describe criminal acts, amount to criminal instruction manuals, or show the fraudulent bait and switch nature of Scientology. It is my intent to comment on and post this material in the public interest. I do not believe that either copyright law or trademark law will prevent the publication of information relating to unlawful acts. If you think otherwise, I suggest you check with a couple of tobacco companies. > NOTICE TO READERS: > > On March 6, 1996, Grady Ward posted a message to the >Internet soliciting a NOTs pack. In a later posting, Ward [snip for bandwidth] Keith Henson SP 4, bucking for SP 6