Subject:      Re: GRADY'S MOTION TO DISSOLVE INJUNCTION
From:         dcook@utpapa.ph.utexas.edu (David M. Cook)
Date:         1996/05/13
Message-Id:   <4n82v1$iui@geraldo.cc.utexas.edu>
References:   <4n82f8$iho@geraldo.cc.utexas.edu>
Organization: Physics Department, University of Texas at Austin
Newsgroups:   alt.religion.scientology



UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA
                                      )
                                      )
                                      )
 RELIGIOUS TECHNOLOGY CENTER, a       )
 California non-profit corporation,   )
 Plaintiff,                           )  No. C 96-20207 RMW EAI
 vs.                                  )  MOTION TO DISSOLVE INJUNCTION
 GRADY WARD, an individual,           )
 Defendant                            )
                                      )
                                      )
                                      )

FACTUAL BACKGROUND

(1) On April 1, 1996, this court granted a preliminary injunction against
defendant Grady Ward. This injunction was limited to the plaintiff NOTs
series 1 through 54 (TXu 257 326) based upon alleged threat of trade secret
misappropriation. This list was subsequently amended by the plaintiff to
remove several issues that had previously been posted to the internet.

(2) Just after midnight Sunday, May 5, the NOTs series was publicly posted
to alt.religion.scientology by individual(s) calling themselves "Vorlon"
(Exhibit A).

Even though subsequently canceled after approximately twenty hours, this
posting made these works available for viewing, downloading, or re-posting
to at least tens of millions of people who are users of the internet.

These postings, with formatting changes represented to be made for the
purpose of more conveniently permanently displaying on "web" pages, was
repeated in its entirety at least two more times since the May 6th posting.

(3) Subsequent to these posts, there have been at several commentary
postings quoting portions of these previously secret NOTs series under the
fair use exception of the copyright law.

(4) Counsel Kobrin for the plaintiff confirms these NOTs postings as
authentic (Exhibit B).

(5) In previous opinions this court and the court of the Honorable Leonie
M.Brinkema of the Eastern District of Virgina have ruled that once posted,
these works lost their secrecy (Exhibit C).

(6) Under the Califonia Civil Code, an injunction based upon actual or
threatened misappropriation of a trade secret when the trade secret has
ceased to exist shall be terminated:

3426.2. (a) Actual or threatened misappropriation may be enjoined.

Upon application to the court, an injunction shall be terminated

when the trade secret has ceased to exist, but the injunction may be

continued for an additional period of time in order to eliminate

commercial advantage that otherwise would be derived from the

misappropriation.

(b) If the court determines that it would be unreasonable to

prohibit future use, an injunction may condition future use upon

payment of a reasonable royalty for no longer than the period of time

the use could have been prohibited.

(c) In appropriate circumstances, affirmative acts to protect a

trade secret may be compelled by court order.

(7) No commercial advantage has been alleged by the plaintiff ascribed to
the defendant in their verified complaint.

(8) The defendant uniformly denies violating plaintiff's copyrights or trade
secret rights.

For the above reasons the defendant asks the court to dissolve the
preliminary injunction of April 1, 1996.

I declare under penalty of perjury that the above is true and correct to the
best of my knowledge. Executed on May 11, 1996 at Arcata, CA.

___________________________________

Grady Ward, in pro per

Exhibit A.

From
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Mon May 6 04:43:54 1996

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From: anon-remailer@utopia.hacktic.nl (Anonymous)

Newsgroups: alt.religion.scientology

Subject: NOTs index

Date: 6 May 1996 00:32:47 +0200

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The FLAG NOTs PACK Index of the Issues:

=======================================

1: HCOB 26.09.78 I, Attachment #1.

2: HCOPL 15 NOVEMBER 1978R-1, ADDITION OF 15 OCTOBER 1981, NED FOR OTs,

ADVANCED COURSES SPECIALIST COURSE, CHECKSHEET, PART TWO.

3: HCOB 15 SEPTEMBER 1978 ISSUE 1 NED for OTs Series 1 NED FOR OTs RD,

THEORY OF

4: HCOB OF 15 SEPTEMBER 1978 ISSUE II NED for OTs Series 2 WHY YOU CAN'T

RUN ENGRAMS AFTER CLEAR

5: HCOB 15 SEPTEMBER 1978 ISSUE III NED for OTs Series 3 ASSISTS

6: HCOB 26 SEPTEMBER 1978 ISSUE I NED for OTs Series 4 WORD CLEARING AND

INFORMATION FOR PRE-OTs ON NED FOR OTs

7: HCOB 22 SEPTEMBER 1978 ISSUE II NED for OTs Series 5 MISCONCEPTIONS

8: HCOB 17 SEPTEMBER 1978 ISSUE V NED for OTs Series 6 BLOWING BTs AND

CLUSTERS

9: HCOB 17 SEPTEMBER 1978 ISSUE I NED for OTs Series 7 VALENCES

10: HCOB 30 SEPTEMBER 1978 ISSUE I NED for OTs Series 8 BASIC PRINCIPLES

UPON WHICH THE NED FOR OTs RUNDOWN IS BASED

11: HCOB 16 SEPTEMBER 1978 ISSUE IV NED for OTs Series 10 OT III AND

DORMANT BTs OT III ATTEST

12: HCOB 15 SEPTEMBER 1978 ISSUE IV REVISED 13 FEBRUARY 1981 NED for OTs

Series 9R CLUSTER, CUMULATIVE CLUSTER HANDLING AND DATE/LOCATING

13: HCOB 30 SEPTEMBER 1978 ISSUE II NED for OTs Series 11 THE FIRST STEP

OF NED FOR OTs

14: HCOB 16 SEPTEMBER 1978 ISSUE II NED for OTs Series 12 REPAIRING AND

BLOWING BTs AND CLUSTERS FROM PAST AUDITING OR MISAUDITING

15: HCOB 30 SEPTEMBER 1978 ISSUE III NED for OTs Series 13 FESING OF

FOLDERS AND FULL FLOW TABLES

16: HCOB 17 SEPTEMBER 1978 ISSUE III NED for OTs Series 14 OUT-INT,

"WENT IN", "WENT ON"

17: HCOB 21 SEPTEMBER 1978 NED for OTs Series 15 THE "SOLIDITY" OF THE BODY

18: HCOB 17 SEPTEMBER 1978 ISSUE II NED for OTs Series 16 "EXTERIOR"

VISION, BT PERCEPTION

19: HCOB 23 SEPTEMBER 1978 ISSUE I NED for OTs Series 17 PREDICTION

FACTORS ON LENGTH AND PROGRESS THROUGH THE RUNDOWN

20: HCOB 23 SEPTEMBER 1978 ISSUE IV NED for OTs Series 18 SESSION FACTORS

21: HCOB 23 SEPTEMBER 1978 ISSUE II NED for OTs Series 19 TA AND NEEDLE

BEHAVIOR

22: HCOB 28 SEPTEMBER 1978 NED for OTs Series 20 HOW YOU OPERATE A METER

23: HCOB 26 SEPTEMBER 1978 ISSUE III NED for OTs Series 21 REVIVIFICATION

24: HCOB 26 SEPTEMBER 1978 ISSUE IV NED for OTs Series 22 ANATEN

25: HCOB 27 SEPTEMBER 1978 ISSUE I NED for OTs Series 24 NED FOR OTs -

REPAIR LIST

26: HCOB 29 SEPTEMBER 1978 ISSUE II NED for OTs Series 25 RESISTANCE TO

CHANGE

27: HCOB 1 NOVEMBER 1978R ISSUE I REVISED 2 MARCH 1979 NED for OTs Series

26R NED FOR OTs - CHECKLIST - PRE-OT ADVANCE PGM

28: HCOB 1 NOVEMBER 1978R ISSUE II NED for OTs Series 27 "NED FOR OTs"

- CHECKLIST

29: HCOB 4 OCTOBER 1978 NED for OTs Series 28 STUCK FLOWS, THE GENUS

OF A BT

30: HCOB 5 OCTOBER 1978 NED for OTs Series 29 REST POINTS

31: HCOB 26 SEPTEMBER 1978 ISSUE II NED for OTs Series 30 PROGRAM

DEPARTURES

32: HCOB 16 SEPTEMBER 1978 ISSUE III NED for OTs Series 31 THE THETAN

HAND TECHNIQUE

33: HCOB 29 OCTOBER 1978 ISSUE II NED for OTs Series CHRONIC SOMATICS,

MISSED BTs

34: HCOB 11 NOVEMBER 1978 NED for OTs Series 33 PERIMETER MASSES

35: HCOB 14 NOVEMBER 1978 NED for OTs Series 34 THE SEQUENCE FOR HANDLING

A PHYSICAL CONDITION

36: HCOB 29 OCTOBER 1978 ISSUE III NED for OTs Series 35 NOTES ON PTS

37: HCOB 22 SEPTEMBER 1978 ISSUE I NED for OTs Series 36 ROCKSLAMS

38: HCOB 27 OCTOBER 1978 NED for OTs Series 37 COLLECTIVE IDENTITIES

39: HCOB 7 NOVEMBER 1978 NED for OTs Series 38 BASIC FEAR

40: HCOB 29 OCTOBER 1978 ISSUE I NED for OTs Series 39 MORE ON DIANETIC

CHAIN ERRORS

41: HCOB 15 NOVEMBER 1978 NED for OTs Series 40 AUDITOR ROLE

42: HCOB 11 DECEMBER 1978 ISSUE I NED for OTs Series 41 HANDLING BTs

MESSED UP ON OT III

43: HCOB 11 DECEMBER 1978 ISSUE II NED for OTs Series 42 REPAIR LIST

FOR ERRORS IN OT III

44: HCOB 31 JANUARY 1979 NED for OTs Series 43 (ADDITIONAL ACTION)

(Amends and clarifies NED for OTs Series 27)

45: HCOB 27 OCTOBER 1979 NED for OTs Series 47 VALENCE TECHNIQUE ADDITION

46: HCOB 9 FEBRUARY 1979 ISSUE II NED for OTs Series 44 WRONG ITEMS

47: HCOB 20 DECEMBER 1979 NED for OTs Series 48 AUDITING SOMEBODY UNDER

CONSTANT AND CONTINUOUS PT STRESS

48: HCOB 1 DECEMBER 1980 NED for OTs Series 49 ACKNOWLEDGING THE "ME"

ANSWER

49: HCOB 30 JANUARY 1980 NED for OTs Series 50 NOTs OT DRUG RUNDOWN

50: HCOB 31 JANUARY 1980 NED for OTs Series 51 AUDIT BTs CONCEPTUALLY

51: HCOB 24 MAY 1980 NED for OTs Series 52 URGENT - IMPORTANT NOTs

WHAT/WHO L & N STEP

52: HCOB 14 FEBRUARY 1981 NED for OTs Series 54 CLARIFICATION ON

ACKNOWLEDGING IN THE VALENCE TECHNIQUE

53: HCOB 4 JULY 1979 HANDLING CORRECTION LISTS ON OTs

54: HCOB 15 JANUARY 1982 NED for OTs Series 55 VARYING THE AREAS

55: HCOB 11 JANUARY 1980 Qual Corrective Actions on OTs Series 3 QUAL

CORRECTIVE ACTIONS ON OTs

56: HCOB 10 NOVEMBER 1981 OT III AND OT III ATTEST

57: HCOB 10 FEBRUARY 1979 NED for OTs Series 45 PARTIALLY BLOW BTs

58: HCOB 22 FEBRUARY 1979 NED for OTs Series 46 BTs WITH MISUNDERSTOOD

WORDS

59: HCOB 23 DECEMBER 1979 Qual Corrective Actions on OTs Series 2 FLYING

RUDS AT OT III AND ABOVE

Other Issues in the FLAG NOTs PACK: (Not NOTs Issues)

=====================================================

HCOB 26.09.78 I, Attachment #1.

HCOPL 15.11.1978R-1, ADDITION OF 15 OCTOBER 1981, NED FOR OTs,

ADVANCED COURSES SPECIALIST COURSE, CHECKSHEET, PART TWO.

HCOB 04.07.79 HANDLING CORRECTION LISTS ON OTs

HCOB 11.01.80 Qual Corrective Actions on OTs Series 3 QUAL CORRECTIVE
ACTIONS

ON OTs

HCOB 10.11.81 OT III AND OT III ATTEST

HCOB 23.12.79 Qual Corrective Actions on OTs Series 2 FLYING RUDS AT OT III

AND ABOVE

Vorlon

Exhbit B.

Date: Fri, 10 May 1996 10:26:22 -0700 (PDT)

From: Helena Kobrin <hkk@netcom.com

Subject: Unauthorized Postings

To: alan@ZIPPO.COM

Dear Simko:

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. The

Advanced Technology materials are confidential, unpublished,

copyrighted works. They include, among others, the individual

works comprising the level known as "New Era Dianetics for

Operating Thetans"("NOTs").

I have been informed that some of these works appear on the

alt.religion.scientology newsgroup on your system. The

unauthorized posting of these materials represents a violation of

my client's intellectual property rights. All access providers

whom we have informed of these materials being on their systems

have removed them.

The postings appear three separate times. The postings in the

first series were posted on May 6, 1996 and bear the following

message ID's and subject lines:

MESSAGE ID: SUBJECT:

<4mjafj$7r2@utopia.hacktic.nl Re: NOTS file 1/7

<4mjagf$7q4@utopia.hacktic.nl Re: NOTs file 2/7

<4mjaga$7qc@utopia.hacktic.nl Re: NOTs file 3/7

<4mjajo$7st@utopia.hacktic.nl Re: NOTs file 4/7

<4mjag0$7qp@utopia.hacktic.nl Re: NOTs file 5/7

<4mjaji$7su@utopia.hacktic.nl Re: NOTs file 6/7

<4mjaab$7pl@utopia.hacktic.nl Re: NOTs file 7/7

The postings in the second series were posted on May 7, 1996

and bear the following message ID's and subject lines:

MESSAGE ID: SUBJECT:

<4mm82g$ei9@utopia.hacktic.nl NOTs: ned1.html

<4mm8d6$en0@utopia.hacktic.nl NOTs: ned3.html

<4mm8da$ems@utopia.hacktic.nl NOTs: ned4.html

<4mm7qo$ea4@utopia.hacktic.nl NOTs: ned7.html

The postings in the third series were posted on May 9, 1996

and bear the following message ID's and subject lines:

MESSAGE ID: SUBJECT:

<4mu431$shl@doc.zippo.com Re: NOTS file 1/7

<4mu47n$sl9@doc.zippo.com Re: NOTs file 2/7

<4mu4bo$snv@doc.zippo.com Re: NOTs file 3/7

<4mu4gf$t02@doc.zippo.com Re: NOTs file 4/7

<4mu4kt$t3j@doc.zippo.com Re: NOTs file 5/7

<4mu4qe$t86@doc.zippo.com Re: NOTs file 6/7

<4mu4v0$5p@doc.zippo.com Re: NOTs file 7/7

I have also been informed through a posting to the newsgroup

alt.religion.scientology, that some of these works may have been

placed on a website on your system (http://super.zippo.com/)

without the authorization of my client.

The copyright registrations applicable to these works are TXu

257-326 and TXu 257-527 and I am prepared to provide you with

copies of these registration certificates.

[deleted paragraphs infra]

Sincerely,

Helena K. Kobrin

Exhibit C.

Case .NO. C-95-20091 RMW

Order from the Court of the Hon. Ronald M. Whyte

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS'

APPLICATION FOR A PRELIMINARY INJUNCTION AND DEFENDANT ERLICH'S MOTION TO
DISSOLVE THE TRO; DENYING PLAINTIFFS' APPLICATION TO EXPAND THE TRO; DENYING
PLAINTIFFS' MOTION FOR CONTEMPT; GRANTING ERLICH'S MOTION TO VACATE THE WRIT
OF SEIZURE; AND DENYING PLAINTIFFS' REQUEST FOR SANCTIONS AGAINST ERLICH'S
COUNSEL

"Although a work posted to an Internet

newsgroup remains accessible to the public for only a limited

amount of time, once that trade secret has been released into the

public domain there is no retrieving it. In re Remington Arms,

952 F.2d at 1033. While the court is persuaded by the Church's

evidence that those who made the original postings likely gained

the information through improper means, as no one outside the

Church or without a duty of confidence would have access to those

works, [30] this does not negate the finding that, once posted,

the works lost their secrecy." (9/22/95)

Case No. 95-1107-A

Memorandum Opinion from the Court of the Hon. Leonie M. Brinkema

RTC v. Arnaldo Pagliarnini Lerma, The Washington Post, Marc Fisher and
Richard Leiby

"As other courts who have dealt with similar issues have observed, "posting
works to the internet makes them 'generally known'" at least to the relevant
people interested in the news group. Religious Technology Center v Netcom
On-Line Communications Services, Inc., No. C. 95-20091 RMW (N.D. Cal.) Slip
Opinion entered 9/22/95 at 30. Once a trade secret is posted on the
Internet, it is effectively part of the public domain, impossible to
retrieve. Although the person who originally posted a trade secret to the
internet may be liable for trade secret missappropriation, the party who
merely downloads Internet information cannot be liable for missappropriation
because there is no misconduct involved."

"Entered this 28th day of November, 1995"