Alt.religion.scientology Week in Review Volume 1, Issue 36 01/05/97 by Rod Keller [email@example.com] copyright 1997
Alt.religion.scientology Week in Review summarizes the most significant postings from the Usenet group Alt.religion.scientology for the preceding week for the benefit of those who can't follow the group as closely as they'd like. Out of thousands of postings, I attempt to include news of significant events, new affidavits, court rulings, new contributors, whatever. I hope you find it useful. Like many readers of a.r.s, I have a kill file. So please take into consideration that I may not have seen some of the most significant postings. The articles in A.r.s Week in Review are brief summaries of the articles. Many include an excerpt, and all include message IDs for the articles I cover. This may or may not be useful to you, depending on how long your site stores articles in the newsgroup before expiring them. Free A.r.s Week in Review subscriptions are available, just email me at firstname.lastname@example.org It is archived at: http://wpxx02.toxi.uni-wuerzburg.de/~krasel/CoS/ars-summary.html http://user1.i1.net/~mallen/scn/arswr/ars-summary.html http://users.aimnet.com/~jdiver/scieno.htm http://www.thur.de/religio/publik/arsfaq.html #####
"U.S. District Judge Leonnie M. Brinkema found that the copyright violations were a 'close call,' and that the public interest would not be served by making any award to the Religious Technology Center, which is a subsidiary of the controversial Church of Scientology.
"She also issued an injunction which prohibited Lerma from copying or disseminating Advanced Technology, but made it clear that his right to criticize Scientology would not be limited, nor would his right to make 'fair use' of small portions of Advanced Technology, if done in the context of criticism or comment.
"Lerma's attorney, David Masselli of Masselli & Lane, P.C. stated: 'We are pleased that the court recognized that this relatively minor copyright violation did not merit the heavy-handed litigation generated by the Church of Scientology or the payment of exorbitant attorneys' fees.'
"Lerma, contacted at his home in Arlington, Virginia, was pleased with the result. 'Scientology sought to crush me and prevent me from raising my voice by waging war through litigation. This ruling completes a major victory for supporters of free speech. The Court has declared that facts about the inner workings of Scientology are not trade secrets, it denied the Church's attempt to crush me financially.'"
The day before the hearing, Scientology filed an affidavit from Peter Mante, aka Newkid, alleging a conspiracy among Internet users to violate Scientology's copyrights.
"I am making this declaration because I want to rectify some things which I did previously which I now believe were wrong. Those actions related to postings of unpublished, copyrighted materials belonging to a Church of Scientology known as Religious Technology Center.
"In late September 1995, I frequently participated in 'chat groups' on the Internet which concerned the Church's action against XS4ALL and the posting of the Fishman affidavit and other confidential Scientology materials on the Internet. These included Felipe Rodriguez and Karin Spaink from the Netherlands. Other participants were Arnaldo Lerma, 'Sister Clara', Kim Baker, Steven Fishman, Ron Newman, Dennis Erlich, Tom Klemesrud and Robert Penny. There were other participants in these chat discussions whose names I do not now recall.
"These individuals all stressed the importance of continuing to post the Church's copyrighted materials in Holland because this was the way to destroy the Church's copyrights and trade secrets. I remember Lerma stating that was important for his case that the Fishman affidavit be posted on as many web sites as possible, because these were the same materials that he was being sued for by the Church. During these chat sessions, Lerma, Erlich and Newman actively encouraged us to get the materials posted on more web sites to help the U.S. defendants.
"Two U.S. defendants, Lerma and Erlich, explained in these chat discussions that having these materials posted on many web sites in Holland could be used by them in the infringement cases in the United States to show that these materials are not secret. They also stated that it would be less likely for a court to stop the distribution of the materials in the United States if they were posted in many places and that this could be used by Erlich and Lerma to obtain rulings that the confidential materials were no longer trade secrets."
Several of those mentioned in the affidavit denied participating in the alleged conspiracy. Scientology lawyer Fred Sinclair attempted to use the affidavit in court.
"He said that Arnie has made numerous postings, and is defiant by networking with other people to help spread the copyrighted materials. He brought up Grady, Keith Henson, Peter Mante and the Sweden case. Hart was apparently sent to Sweden to try to handle that, that the sneaky Internet people are abusing copyright law by exploiting the law in Sweden to get the Parliament to distribute the works. He practically cried that RTC has to spend all this money defending itself around the world, when Arnie doesn't have to pay any money at all, Grady and Keith are pro se, etc. He complained that it's been extremely costly to fight all these battles, with costs estimated at $900,000 so far, which they've been forced to pay from contributions from parishioners.
"Masselli gets up to speak. He wants to talk about the newly filed affidavit from Peter Mante, aka Newkid, aka Snorri Helgersson. 'My clients have been clamoring for an evidentiary hearing about this, but I think we should not go beyond what has already been discussed in the case.' I guess Brinkema agrees, because that's the last we hear about Peter.
"Brinkema has heard enough. This last minute flurry of briefs needs to end. Attorneys fees in a copyright violation are not appropriate, and this wasn't a willful violation in any case. The RTC has over-litigated this case, and has indulged in mud-slinging. She is particularly disturbed by the church's teaching that 'Courts can be used as a way of stifling criticism.'"
Tilman Hausherr posted more web sites of Scientologists.
"Stan Gerson, $40,000 donation IPC Commercial Real Estate http://www.sddt.com/features/statsheets/realestatecom/ipc.html http://www.hubbardcollege.org/l_ipc.htm
"Stan Gerson is the husband of Cass Warner (alias Cass Pool, alias Cass Warner Pool, alias Cass Sperling, alias Cass Warner Sperling)
"http://www.expansion.com Ed Beckmann and Jim Owen $40,000 donation from the company They sell billing software for ISPs and of course, they are expanding.
"http://www.hubbardcollege.org/l_ovrnit.htm $40,000 donation from the company Overnight Graphics Salt Lake City, Utah
"http://www.hubbardcollege.org/l_gillet.htm Gillette Chiropractic Bill Gillette / William L. Gillette is WISE member, $40,000 IAS donation based in Whittier, CA
A letter from Downbeat Magazine was posted this week, from Jim Beebe, a
reader familiar with Scientology.
"Chick Corea should be publicly caned for his shameful hustling of the Scientologist cult ('On The Beat' Oct. '96). For years, every interview with Corea was a plug for Scientology and L. Ron Hubbard. Many of Corea's recordings had tributes to Hubbard and an address to write for more information.
"I, and who knows how many other musicians and fans took the bait. Thanks, Chick, for those wasted, brainwashed years and all of the money blown on quack courses and counseling. For some of us, too many years have gone by--but the public should be informed that those of us who have been lured into this destructive cult by Corea, can sue him and this cult and win legal redress."
Another delay this week in Dennis Erlich's child support case, funded by
Scientology. Scientology is attempting to put Dennis in jail for 40 days.
"I appeared in San Diego this am for my hearing to see if the scieno-paid shyster was going to be able to get me thrown in jail for forty days despite my having made all child support on time.
"My attorney's flight was not permitted to land due to fog and was
rerouted to Ontario. A wasted day of her time. The hearing has been
The FACTNet group announced a new web site. FACTNet is being sued by
Scientology for copyright violations. An announcement of the site was
emailed multiple times to some a.r.s contributors, for which FACTNet
issued an apology.
"FACTNet International Digest, a non-profit Internet digest, news service, library, dialogue center, and archive dedicated to the promotion and defense of global free thought, free speech, and privacy rights.
"Please come visit and help spin the guest counter at: http://www.factnet.org
"If you would like to subscribe to our free FACTNews newsletter and you cannot access the web, or your browser does not support forms, send e-mail to: email@example.com with a subject line that reads: subscribe-FACTNews
"FACTNet has returned with a new mission, a new web page, and FACTNews, a digest devoted to alerting Netizens about the issues of Freedom of Speech, the Right to Privacy and Freedom of Thought. In the premiere issue of FACTNews at our web site:
"An interview with Julf@penet.fi on the fight for his anonymous remailer; Why CYBERsitter software may sue a teenager for revealing secrets; Why the Supreme Court's decision to review the CDA may bypass the growing Net media industry."
Grady Ward continued to post documents from the Scamizdat trial.
"This motion is interesting because it relates to a 1993 Amendment to the Federal Rules of Civil Procedure: namely Rule 26(a)(1) that requires certain mandatory initial disclosures to the adverse party by the first 'case management' hearing. Violation of this rule has a 'self-executing' sanction: namely that the party who fails to disclose is automatically precluded from using any evidence not produced in any subsequent pleading, hearing, or trial.
"The plaintiff has not provided copies of Internet postings alleged to be authored by the defendant specifically related to the plaintiff's claims of copyright infringement and trade secret misappropriation. With particularity, the plaintiff has not provided copies of (a) alleged postings of what it describes as its 'Advanced Technology' works, (b) copies of alleged postings by an entity called SCAMIZDAT, (c) copies of alleged postings that identify the purportedly misappropriated plaintiffs trade secrets or copyrighted works alleged to be infringed;
"The plaintiff has not disclosed the true names, address and telephone numbers of each individual likely to have discoverable information relevant to the alleged postings and disputed facts in the pleadings as required by F.R.C.P. Rule 26(a)(1)(A). With particularity, the plaintiff has not disclosed the identify of one of its admitted informants, 'Vera Wallace,' revealed by plaintiff in plaintiff's Exhibit 66 of the Deposition of Grady Ward on June 27, 1996 with the identifying tag '10- 8-1996 America Online: VeraW11111 Page 1';
"The plaintiff has not disclosed the existence, category, or location of the data compilations -- specifically the original computer data tapes or disks -- from which the Internet computer postings alleged to be authored by the defendant were captured from the Internet and subsequently reduced and transcribed to paper, as required by F.R.C.P. Rule 26(a)(1)(B)."
Meanwhile, Scientology attorney Tom Hogan has accused Grady of conspiring with Swedish defendant Zenon Panoussis to forge NOTS documents from the Swedish parliament. Hogan wants Judge Whyte to strike the exhibit of Swedish NOTS.
"Ward claims that he received unsolicited copies of the NOTS works that were readily available from certain Swedish court or administrative agency files. Ward's filing establishes no such thing and, in fact, it evidences collusion and improper purpose. When RTC's representatives and Swedish counsel read the declaration that Ward had filed, they were professionally confident that it, and the missing exhibits, were evidence of collusion between Ward and an individual whom RTC is suing in Sweden, Zenon Panoussis. They were also confident that when they examined the exhibits, they could establish that certain of the documents filed could not possibly be what Ward claimed they were, namely authenticated documents bearing 'the official seal and security threads of the Chancellor of Justice ('Justitiekanslern') or of the Department of Justice.'
"Clearly, Ward has not traveled to Sweden, and the statements made in the Declaration therefore cannot be based on knowledge. As for 'belief,' it is generally improper in a declaration, and particularly where the person stating the belief provides no foundation upon which to judge if it is an appropriately formed belief. Ward is attempting to poison the well with alleged facts, while carefully withholding or even destroying the 'Evidence' regarding those facts. Exhibit B. which purports to explain the documents and other information regarding availability of the documents in Sweden has the beginning and ending of the document omitted. If someone did send Ward the documents he filed, those portions of the Exhibit B document would likely show who it was. If Ward has destroyed evidence of who sent him these documents, he is in contempt of the preliminary injunction."
Keith Henson also posted correspondence with Tom Hogan this week, in his
trade secret and copyright infringement case.
"On November 11, 1996, you wrote to Magistrate Judge Infante regarding production of documents on CD-ROM as opposed to hard copy.
"The documents which you described in that letter are irrelevant either to RTC's claims or to your affirmative defenses. We believe that Judge Infante explained the lack of relevance of such matters to you when you met with him during the Settlement Conference. Certainly, Judge Whyte's remarks at the Case Management Conference should have conveyed this to you when he noted that the proof of your defense that NOTs Series 34 is a criminal document is on the face of the document itself, and did not require the extensive discovery you wished into 'criminality.' Accordingly, any use or production of the documents discussed in your November 11 letter could only be construed as harassment of RTC and as an effort to cause RTC to spend precious resources addressing useless things.
"We request your confirmation that, having had the true scope of this case explained to you during the Settlement Conference, you are no longer planning to use the documents mentioned in your November 11 letter and that you will notify the Magistrate Judge that you are withdrawing the request made in that letter.
Keith posted his response.
"To refresh your memory, the topic of that lengthy conversation (without Judge Infante being present) was almost exclusively on the criminal acts of the cult, particularly the ongoing denial of service spamming attack on the Usenet news group alt.religion.scientology. At the point Judge Infante returned, he dismissed you, Ms Kobrin, Mr. Rinder, Mr. Spurlock, and a lawyer whose name escapes me at the moment and talked to me alone. Unless you have managed to suborn a Judge, you have no idea of what we discussed.
"[I]f your clients want to *stipulate* that NOTs 34 is a criminal instruction manual (and much other scientology material as well) I would at least consider forgoing an extensive discovery into the criminality of scientology.
"Otherwise, my defense *requires* being able to demonstrate to a jury how NOTs 34 and related material such as the 'Introspection (lockup) Rundown' has caused the death of people undergoing 'treatment' at the hands of your client for 'PTS' and how exorcising illness causing 'body thetans' in the place of proper medical care has also resulted in needless death. Of course, this makes the Roxanne Friend and Lisa McPherson cases highly relevant to my defense as well as the Whitney and Jackson affidavits.
"I am *not* withdrawing any request. If you want to oppose me over this, file a motion, and we can argue it before Judge Infante."
Anonymous poster Emerald made available a list of the award-winning
auditors at many of Scientology's North American orgs from The Auditor
magazine. Reformatted to save space.
"* Albuquerque; Org Auditor - Andrea Easton; Field Auditor - Theo Grant; Co-Audit Team - David Conradie & Lawrence Medina * Ann Arbor; Org Auditor - Sue Fairchild; Book One Auditor - Dave Bonnell * Atlanta; Org Auditor - Scott Wisemer; Field Auditor - Diane Seidule; Co-Audit Team - Bill & Richard LeBaron * Austin Day & Fdn; Org Auditor - Linda Potter; Field Auditor - Pam Patterson; Book One - Gareth Ellzey; Co-Audit Team - John Mooney & Madda Uozzo * Boston Day & Fdn; Org Auditor - Perry Yeldham; Field Auditor - Jay Fernandes; Book One Auditor - Kyle O'Connell; Co-Audit Team - Yvette Croteau & Andy Cowenhoven; Mission Auditor - Yvette Croteau * Buffalo; Org Auditor - Colin Gould; Book One Auditor - Carlos Ojeda * Chicago; Auditor - Jesse Wells; Top Org Auditor - Pam McKinnis; Field Auditor - Bill Penninger; Book One Auditor - Emelda Martinez; Co-Audit Team - Chris & Toni Olsen; Mission Auditor - Zack Widup * Cincinatti; Org Auditor - (tie) John Harrill & Al Phlips; Field Auditor - Tim Murphy; Book One Auditor - Linda Brin; Co-Audit Team - Patricia Southerland & Tim Gallagher * Columbus; Org Auditor - Frank Taddeo; Field Auditor - Pat Oxman * Dallas; Org Auditor - Cheri Rogers * Denver; Org Auditor - Wayne Valesques; Field Auditor - Tony Bledsoe; Co-Audit Team - Anthony Buonocore & Bill Yanda; Mission Auditor - Susan Anderson * Detroit; Org Auditor - Alan Twietmeyer; Field Auditor - Julie Ferguson; Mission Auditor - Jan Reaver * Edmonton; Org Auditor - Ginnie Ammais; Field Auditor - Dave Ferguson; Book One Auditor - Andre Jurt * FCDC Day; Org Auditor - Tracy Nepvoda; Field Auditor - Charney Bledsoe; Mission Auditor - Lyn Wood Pace * FCDC Fdn; Org Auditor - Bruce Wertz; Field Auditor - Bobbi Woods; Book One Auditor - Ron Unsworth; Mission Auditor - Gary Camp * Hawaii D & Fdn; Org Auditor - Sheila Pemberton; Field Auditor - (tie) Paul Dolan & Al Ratterman * Kansas City; Org Auditor - David Sullivan; Book One Auditor - Tom Harry; Co-Audit Team - Barbara & Dan Danuser; Book One Co-Audit Team - Lindsay & Scott Gottfried * Las Vegas Day; Org Auditor - Weldon Caldwell; Field Auditor - Doug Dannelow * Las Vegas Fdn; Org Auditor - Derin Danlinger * Long Island; Org Auditor - Jim Gilberti; Field Auditor - Charles Von Himmel * Los Gatos; Org Auditor - Allison Allessandrini * Miami; Org Auditor - Nancy Gurliaccio; Field Auditor - Lyn Peters; Book One Auditor - Robert Addis; Co-Audit Team - Bill Kagle & Carol Pirone * Mountain View; Org Auditor - Diana Williams; Field Auditor - Ted Sullivan; Mission Auditor - Carl Grantham * Montreal; Org Auditor - Daral Sclertch * New Haven; Org Auditor - Joann Taylor; Field Auditor - Rob Carr; Co-Audit Team - John Kayser & Carol Yingling * New York Day; Org Auditor - Jeff Milano * New York Fdn; Org Auditor - Laurie Jacobi * Orlando; Org Auditor - Athena Anderson; Field Auditor - Dan Conforti; Book One Auditor - Connie Bell * Philadelphia; Org Auditor - Rob Rossi * Phoenix; Org Auditor - Joan Ryan; Co-Audit Team - Shannon Rundquist & Burwin Bishop * Portland D & Fdn; Org Auditor - (tie) Mike Ewing & Dan Anderson; Field Auditor - Jory Sullivan * CC Portland; Org Auditor - Bev Johns * Quebec; Org Auditor - Helene Dion; Field Auditor - Chris Yarwood * Sacramento; Org Auditor - Doug Cauthen; Field Auditor - Byron Vaughn * San Francisco; Org Auditor - David Keller; Field Auditor - Bob Lauffer; Book One Auditor - Pat Bundock; Mission Auditor - Sue Mueller * Salt Lake City; Org Auditor - Bob Smith * Seattle; Org Auditor - Tom Sprayberry; Co-Audit Team - Justin & Jolyn Massena; Mission Auditors - Pat Tjepkes, Julie Lowe & Frank Paulson * Stevens Creek; Org Auditor - Joe Skoke; Field Auditor - Karen Russell; Book One Auditor - Matt McCovery; Co-Audit Team - Stuart Rosenbaum & Dick Taylor * Tampa; Org Auditor - Leslie Throgs; Book One Auditor - Susan Mogley * Toronto; Org Auditor - Bridgit Taylor; Field Auditor - Nick McKoy; Book One Auditor - Mike Crellon * Vancouver Day; Org Auditor - Kathy Smith; Field Auditor - Diane Froese * Vancouver Fdn; Org Auditor - Bruce Conner * Winnipeg; Org Auditor - John Kristalovich; Field Auditor - Dan Boomer"
The Daily Telegraph ran an article on December 28th concerning a decision
in the UK to recognize Scientology leaders as ministers, not cultists.
"LEADERS of the sect of Scientology are to be allowed to enter the United Kingdom as recognised religious ministers following a revision in Home Office immigration guidelines. Scientology has previously been defined as a cult by the Home Office. In 1968 it was deemed 'socially harmful'. Members were prohibited from entering the country to study or to minister.
"The rules were softened in 1980 and cases were judged individually but no scientologists qualified for the provision for missionaries and religious ministers until this month. The sect was informed of the change by the Immigration and Nationality Directorate of the Home Office via a letter to their solicitors on Dec 10. The news was welcomed as a 'breakthrough' by the sect which has its headquarters in East Grinstead, Sussex, and has been struggling to be accepted as a mainstream church since its inception in 1954.
"A spokesman for the Home Office said: 'Previously we did not see Scientology as a religion but as a cult. 'That position has changed which shows that we do what we say which is to keep things under continual review'. The 1971 Immigration Act provides provision for religious ministers to enter the country providing they can prove experience of ministry, religious training and that they are invited by a congregation in Britain.
Steve Fishman reported that the Immigration and Naturalization Service is
investigating Scientology for evidence of illegals in the United States,
who are listed as completing courses in Source Magazine.
"57 people who completed courses at Flag were totally unknown to the
Federal Government! No passports, no green cards, no work permits, no
entrance visas, nothing! I hope the INS takes my advice and stages the
biggest most massive raid in U. S. history on the cult. I told them the
FSO (Flag Service Org), the FSSO (Flag Ship Service Org) and the CMO
(Commodore's Messenger Org) were nice places to start."
Andreas Heldal-Lund posted an article from the Norwegian magazine Vi Menn
entitled "The Mafia of Religions".
"'Erling' is the first defector from the Church of Scientology in Norway who have won a suit for damages against his former fellow-believers.
"'600,000 (about 100,000 US dollar) is nothing for an amputated life. The money from CoS makes me free from debt, but I'm left without a house, without security of any sort. I've wasted my career, a future and half a million kroner.' 'Erling' is a former teacher from Telemark and the first defector from CoS in Norway that have won a suit for damages against his former fellow-believers without it ending with settlement out of court.
"'I can of course blame myself for being caught by their claws. But they are incredible cunning in the way they dupe you into the organization. If you're first in, you are lucky if you manage to get out still having your health intact. There are many psychic wrecks, economic ruins and split families as a result of Scientology.'"