[Note: material in square brackets is commentary by Keith Henson] [this is the result of a scan, and contains many OCR errors] ORIGINAL FILLED) APR5 1996 NORTHERN DISTRICT OF CALIFORNIA SAN JOSE IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA RELIGIOUS TECHNOLOGY CENTER, a California non-profit corporation, Plaintif{ V 14. KEiTH HENSON, an individual, Defendant. NO. C-96-20271-RMW ORDER TO SHOW CAUSE AND TEMPORARY RESTRAINiNG ORDER After reading the papers filed in this action by plaintiff in its ex-parte application for an order to show cause and temporary restraining order, it appears to the satisfaction of this court that there is good cause, and this is a proper case, for granting an order to show cause and temporary restrainin~ order without notice. Pursuant to Rule 65(b) and (d) of the Federal Rules of Civil Procedure. the court finds as follows: 1. Plaintiff has established that it has at least a fair chance of prevailing on the merits ol its claim that the Exhibit B documents, a list of which are attached hereto, are unpublished, confidential, copyrighted works belonging to plaintiff and that absent a permanent injunction that defendant may publish, or participate in the publication O{ said documents in their entiretv; 2. Plaintiff has established that issues exist as to whether defendant has inl'ringed or threatened to infringe the copyright protection of certain other works of L. Ron Hubbard belonging to plaintiff; 3. There is a likelihood that plaintiff will be irreparably injured if a preliminary injunction is not issued as publication would destroy the confidentiality of the Exhibit B documents and the loss of any trade secrets contained in them; 4. Plaintiff has raised serious questions as to the confidential copyrighted status of the Fxhibit B documents and as to whether said documents contain any trade secrets; 5. The balance of hardship tips sharply in plaintiffs favor in that the hardship to defendant if this order to show cause and temporary restraining order is granted is outweighed by the hardship to plaintiff if it is not granted, particularly since the temporary restraining order will last only through April 12, 1996 absent further order of this court; and 6. Notice to defendant prior to the issuance of this order is not appropriate in light of the possibility that defendant might attempt to publish the documents subject to this order between the time he would be given notice of plaintiffs application and the time of the court~s decision on whether to issue a temporary restraining order. THE COURT THEREFORE ORDERS that you, H. Keith Henson, show cause on April 12, 1996 at 9:00a.m. or as soon thereafter as the matter may be heard in the courtroom of the Honorable Ronald M. Whyte, located at 280 5. First St., San Jose, California why you, your agents, servants, employees, and attorneys and all persons in active concert' or participation with you who receive actual notice of this order by personal service or otherwise should not be enjoined during the pendency of this action from the activities described in Exhibit i hereto. Pending hearing on the above order to show cause, you, your agents, servants, employees, and attorneys and all persons in active concert or participation with you who receive actual notice of this order by personal service or otherwise are restrained from: 1. directly or indirectly, in whole or in part, publishing, reproducing, distributing. performing, or creating derivative works based upon, the Exhibit B Works, or any of them in any media now known or hereafter developed in any time, place or fashion. [footnote] Persons in active concert are ones who knowingly assist or encourage the defendant in accomplishing the prohibited acts or commit the prohibited acts with the assistance or encouragement of the defendant. [end footnote] and in particular from engaging in any such acts in, on, or in connection with any computer, database, information service, electronic bulletin board service, network. storage facility, or archives, or other electronic or computer device, service. network or facility, including, without limitation, the transmitting or loading of any such materials onto, or downloading any copies of them from any such device, service, network or facility and that all such copies which defendant, his agents, servants. employees, and attorneys and those in active concert or participation with them have caused to be copied or copied onto any such device, service, network, or facility be removed. Nothing in this paragraph 1 shall be construed to prohibit fair use of such works, as set forth in 17 U.S.C. ~ 107. 2. directly or indirectly, engaging in the unauthorized disclosure, or display, of the Exhibit B Works, or portions thereof (excluding for purposes of this Order only NOTs Series issues 1, 24, 34, 35, 36 and 42 which are also the subject of other pending litigation), and specifically from disclosing, displaying, transmitting or otherwise loading any of the Exhibit B works, or portions thereof (excluding for purposes of this Order only NOTs Series issues 1, 24, 34, 35, 36 and 42 which are also the subject of other pending litigation), in any media now known or hereafter developed in any time, place or fashion, or onto any computer, database. iniormation service, electronic bulletin board service, network, storage facility, or archives, or other electronic or computer device, service, network or facility and that all such copies which defendant, his agents, servants, employees, and attorneys and those in active concert or participation with them have caused to be copied or copied onto any such device, service, network, or facility be removed. (The fair use defense is not applicable to this paragraph, as it is based upon plaintiffs contention that the documents are protectable as trade secrets.) 3. directly or indirectly, engaging in the unauthorized solicitation and/or acclnisition, of the Exhibit B Works, or portions thereof (excluding for purposes of this Order only NOTs Series issues 1, 24, 34, 35, 36 and 42, which are also the subject of other pending litigation), and specifically from soliciting, acquiring, seeking to acquire. or otherwise downloading any of the Exhibit B Works, or portions thereof (excluding lor purposes of this Order only NOTs Series issues 1, 24, 34, 35, 36 and 42 which are also the subject of other pending litigation), from any media now known or hereat'ter developed in any time, place or fashion, or from any computer, database, inl'ormation service, electronic bulletin board service, network, storage facility, or archives, or other electronic or computer device, service, network or facility and that all such copies which defendant, his agents, servants, employees, and attorneys and those in active concert or participation with them have caused to be copied or copied from any such device, service, network, or facility be removed; 4. except as otherwise provided herein, directly or indirectly destroying, altering or concealing, or in any way disposing O{ any reproduction, copy, facsimile, excerpt, or derivative of any work of L. Ron Hubbard that is in defendants possession, custody or control, in whole or in part, including, but not limited to, those materials located in any so-called "off-site" storage areas, electronic or otherwise, or otherwise despoiling or causing the despoliation, or alteration of any evidence, in whole or in part, in any form, place or media relating to defendant~s conduct complained of in this action; and 5. causing or inducing any other person to engage in any of the foregoing prohibited acts; and, 6. filing with the court, except under seal, any documents that contain any of the Exhibit B Works. The above temporary restraining order is effective on plaintiff's filing an undertaking in the sum of $10,000. This order to show cause and temporary restraining order and all other documents filed in this action must be served on defendant by April 8, 1996 Issued 5:00 pm 1996 at San Jose, CA Ronald M. Whyte RONALD M. WHYTE United States District Judge [Interesting--the Judge did not actually sign this, all we have is a rubber stamp of his printed name.] EXHIBIT B DOCUMENTS [I cut the list of NOTs, we've seen it. Attached to this order was Exhibit 1 (or I) which seems to duplicate much of the above.] *merits of their claims for relief against defendant; and * * 2. There is a likelihood that plaintiff will be *irreparably injured if this t porary restraining order is not *granted; or * * 3. Plaintiff has raised serious questions; and * * 4. The balance of hardship tips sharply in *plaintif favor in that the hardship to defendant if this temporary *restraining order is grante outweighed by the hardship to plaintiff *if it is not granted. * * YOU ARE HEREBY ORDERE 0 SHOW CAUSE at ___________ on * ___________________ 1996, or soon thereafter as counsel may * be heard in the courtroom of the Honorable located at * ____________________________________________ why * *you, your agents, rvants, employees, partners, privies and attorneys, *and all persons acting or purporting act under your authority, *direction or control, and all persons in active concert or pation with *you, or acting on your behalf, having advance notice of this Order *should not be onj3ined during ~ ~t,ndenc'.' of thi~ ~ frpm [there was a cut line through all the above with * starting the line.} 1. directly or indirectly, in whole or in part, publishing, reproducing, distributing, performing, or creating derivative works based upon, the Exhibit B Works, or any of them, in any media now known or hereafter developed in any time, place or fashion, and in particular, from engaging in any such acts in, on, or in connection with any computer, database, information service, electronic bulletin board service, network, storage facility, or archives, or other electronic or computer device, service, network or facility, including, without limitation, the transmitting or loading of any such materials onto, or downloading any copies thereof from any such device, service, network or facility; and that all such copies which defendant, his agents, servants, employees, partners, privies, and attorneys and those in active concert or participation with them have caused to be copied or copied onto any such device, service, network, or facility be removed and turned over to plaintiffs counsel. 2. directly or indirectly, engaging in the further unauthorized disclosure, or display, of the Exhibit B Works, or portions thereof (excluding only NOTs Series 1, 24, 34, 35, 36, and 42 which are also the subject of other pending litigation), and specifically from disclosing, displaying, transmitting or otherwise loading any of the Exhibit B Works, or portions thereof (excluding only NOTs Series 1, 24, 34, 35, 36, and 42 which are also the subject of other pending litigation), in any media now known or hereafter developed in any time, place or fashion, or onto any computer, database, information service, electronic bulletin board service, network, storage facility or archives, or other electronic or computer device, service, network or facility and that all such copies which defendant, his agents, servants, employees, partners, privies, and attorneys and those in active concert or participation with them have caused to be copied or copied onto any such device, service, network, or facility be removed and turned over to plaintiff's counsel. 3. directly or indirectly, engaging in the further unauthorized solicitation and/or acquisition, the Exhibit B Works, or portions thereof (excluding only NOTs Series 1, 24, 34, 35, 36, and 42 which are also the subject of other pending litigation), and specifically from soliciting, acquiring, seeking to acquire, or otherwise downloading any of the Exhibit B Works, or portions thereof (excluding only NOTs Series 1, 24, 34, 35, 36, and 42 which are also the subject of other pending litigation), from any media now known or hereafter developed in any time, place or fashion, or from any computer, database, information service, electronic bulletin board service, network, storage facility, or archives, or other electronic or computer device, service, network or facility; and that all such copies which defendant, his agents, servants, employees, partners, privies, and attorneys and those in active concert or participation with them have caused to be copied or copied from any such device, service, network, or facilitv be removed and turned over to plaintiff's counsel; 4. directly or indirectly destroying, altering or concealing, or in any way disposing of, any reproduction, copy, facsimile, excerpt, or derivative of any work of L Ron Hubbard that is in defendant's possession, custody or control, in whole or in part, including, but not limited to, those materials located in any so-called "ofT-site" storage areas, electronic or otherwise, or otherwise despoiling or causing the despoliation, or alteration of any evidence, in whole or in part, in any form, place or media relating to defendant's conduct complained of in this action; and 5. causing or inducing any other person to engage in any of the foregoing prohibited acts; and, 6. filing with the Court, except under seal, any documents that contain any of the Advanced Technology. [and the rest of this indicated it was to be cut. I did not see any refs to this part, so I wonder if some intermediate work product got stuck into it. One does get the impression they were in a tearing hurry.] 9 employees, partners, privies and attorneys, and all persons acting or purporting to act under 10 authority, direction or control, and all persons in active concert or participation with you, acting 11 on your behalf, having advance notice of this order ARE HEREBY RESTRAINED A ENJOINED 12 from: 13 1. directly or indirectly, in whole or in part, publishing, reprodu& g, distributing, 14 performing, or creating derivative works based upon, the hibit B Works, or any of 15 them, in any media now known or hereafter develope in any time, place or fashion, and in particular, from engaging in any such acts ~n, on, or in connection with any 17 computer, database, information service, elec onic bulletin board service, network, storage facility, or archives, or other ele ronic or computer device, service, network or 'C facility, including, without limitatio , the transmitting or loading of any such materials 2C onto, or downloading any copi thereof from any such device, service, network or 21 facility; and that all such c ies which defendant, his agents, servants, employees, 22 partners, privies, and orneys and those in active concert or participation with them 22 have caused to be opied or copied onto any such device, service, network, or facility 24 be removed d turned over to plaintiff's counsel. Nothing in this paragraph I shall be construe 0 prohibit fair use of such works, as set forth in 17 U.S.C. ' 107. 2C 2. direc y or indirectly, engaging in the further unauthorized disclosure, or display, of the 27 hibit B Works, or portions thereof (excluding only NOTs Series 1, 24, 34, 35, 36, and 42 which are also the subject of other pending litigation), and specifically from I I) .1 .~