Alt.religion.scientology Week in Review Volume 1, Issue 37 01//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 #####
"We are in touch with the respective editors of the hardcopy publications to obtain corrections, but do not want to wait until they republish before an accurate definition is published on-line.
"I have attached accurate definitions of Dianetics, Scientology and L. Ron Hubbard. I am also attaching entries from other publications which updated and corrected their definitions. I would appreciate if you would replace the existing, inaccurate definition of Scientology with the one enclosed.
"Sci-en-tol-o-gy -- adj. Trademark. Scientology applied religious philosophy. It is the study and handling of the spirit in relationship to itself, universes and other life. Scientology is a 'route', a way, rather than a dissertation or an assertive body of knowledge. Through its drills and studies one may find the truth for himself. The technology is therefore not expounded as something to believe, but as something to do. The Scientology religion was founded in 1952 by L. Ron Hubbard. [Latin 'scio', knowing in the fullest sense of the word, and Greek 'logos', study. Literally 'knowing how to know.']'"
The current definition reads:
"Scientology, Church of. Quasireligious sect founded (1954) by science fiction writer L. Ron Hubbard (1911-86) and largely based on his book Dianetics (1950). The church believes that the soul can be cleared of its negative energy through 'processing.' Often viewed as a cult, Scientology's tenets have been widely challenged and its practices subject to various governmental investigations. Membership figures are unavailable, but by 1987 there were over 450 church facilities worldwide."
Jeff Jacobsen received a mailing from the New CAN, also known as
"I got 'Information Series #2 from the Cult Apologist... er, Awareness Network, titled 'Fact vs. Fiction - Scientology: the inside story at last'. What bogus junk. 'All denominations are welcome in Scientology.' Ha. It's just a short summary of the basic public mumbo jumbo the church puts out.
"So, it appears that CAN is now promoting religions! Strange, you wouldn't think another organization would be needed to promote some religion, but there it is."
Meanwhile the old CAN is struggling to keep its files away from
Scientology. Philip Martino, CAN's trustee, filed that he is willing to
abandon the files, to the "debtor's Board of Directors". Presumably, this
is the old CAN.
"PLEASE TAKE NOTICE that Trustee, Philip V. Martino, pursuant to Section 554 of the Code and Bankruptcy Rule 6007, intends to abandon the estate's interest in Debtor's library, computer memory, video and audio tapes, files on cults, phone records and financial records (these materials include about 270 boxes being stored at Trustee's warehouse, additional boxes being stored at Debtor's pre-bankruptcy storage facility, and about ten more boxes being stored at Trustee's office) (the 'Materials'). In support the Trustee's request, Trustee states:
"From these files, however, one could learn (a) the identity of people who contacted CAN, (b) the names and addresses of real or suspected 'cults', (c) allegations that were made by and against those 'cults', (d) the identity of people who were believed to be members of 'cults', and (e) the identity of people who support CAN, either by deeds or donations. As tangible assets, the Materials are worth little more than scrap value. However, a number of people have expressed a willingness to purchase the Materials and to pay for the cost of redacting confidential or private information. Trustee has been 'assured' that he and the estate will be sued if the Materials are sold, even in a redacted state.
"Given the disproportionate and passionate vigor with which parties have attacked the prior sale of Debtor's name, P.O. Box, phone number and office equipment, Trustee believes that any attempt to sell them will be heavily contested. Further, he believes that the costs of defending these allegations--irrespective of their merit--exceed the price for which the Materials will be sold.
"Trustee will return the abandoned Material to the control of Debtor's Board of Directors."
Tilman Hausherr continues to identify the web sites of Scientologists and
"http://www.realworldcorp.com/ RealWorld Corp, IMO the second most-known clam-run company (the most known is executive software). $40,000 donation from the company to the IAS, $40,000 from Lawrence Brennan; WISE CEO Circle member.
"Key Personnel: Murray Fish, CEO, CFO and COO Mary Lou DeWynGaert ($40,000 donation), Director of Marketing and Sales."
Judge Ronald Whyte issued a decision in Dennis Erlich's case this week.
He denied Scientology's motion for an expanded preliminary injunction.
"[T]he court also notes in several cases what Erlich allegedly downloaded appears to constitute 'fair use' of the works in question. For example. Erlich is accused of copyright infringement of item 19 because he allegedly had a photocopy of one page of a 262 page book and had allegedly downloaded a posting by someone else of 5 sentences from that book with a half page commentary; of item 20, he allegedly downloaded a posting by another of two pages of a 225 page book with 3 sentences of commentary; of item 21, he allegedly downloaded the posting of another of half a paragraph of a 984 page book and 2 pages of a 962 page book. of item 24, Erlich allegedly downloaded the posting by another of one half page of a 225 page book with three paragraphs of commentary; and of item 28, Erlich allegedly downloaded the posting of another of one paragraph from the Technical Dictionary and four pages from a 485 page book.
"The Exhibit B works, however, are unpublished. Although the unpublished nature of a work should not itself bar a finding of fair use, the scope of fair use is narrower with respect to unpublished works. Erlich argues. however. that the two OT III works included on Exhibit B-1, although claimed to be unpublished, were broadly disseminated over the Internet through no fault or action of him.
"Plaintiffs' renewed arguments that Erlich should not be entitled to 'fair use' of their copyrighted documents because of his alleged 'bad faith' is again rejected by the court. Nothing in plaintiffs's renewed motion persuades this court to change its prior ruling on this issue.
"Plaintiff filed the present motion to expand the preliminary injunction against Erlich on the basis that serious questions as to its trade secret claims are presented and the balance of harm tips in RTC's favor. This motion, however, is now supplemented with the declarations containing the legal opinions of multiple 'trade secret experts' that this court's decision on the trade secret issue in Netcom I was basically wrong. For the reasons discussed above, the court strikes these declarations.
"RTC seeks to minimize the impact of postings to the Internet which occurred after Mien by essentially characterizing them as transitory and by distinguishing them from publication in magazines and newspapers. However. because Internet postings can easily be saved in digital or print form. they are not necessarily transitory and should, in most cases, be treated the same as journals or published materials. In fact, posting on the Internet may reach a larger audience than traditional newspapers, magazines and other published materials and can be easily stored for later redistribution.
"Although the court is modifying its original Preliminary Injunction Order to enjoin he disclosure of alleged trade secrets, it does find that defendant should be allowed to download and store Advanced Technology works posted on the Internet by others. Since a critical issue in this case is whether the works in question are available to potential economic competitors of the Church. Defendant has a legitimate interest in downloading and storing those works posted by others on the Internet, as such postings, if in apparent good faith, may defeat plaintiffs claim that the works are trade secrets. Further, defendant's mere downloading and storage offer no significant risk to plaintiff, as such activity will not result in such documents being distributed or made available to others by defendant."
Scientology lawyer Helena Kobrin sent a number of emails this week to a
broad cross-section of a.r.s participants, and some who only participate
on the IRC channel #scientology. Some of the recipients reside in Norway
and the Netherlands, making her quote from a U.S. court somewhat
Andreas Heldal-Lund, from Norway, wrote:
"I've tried my best to make it clear that neither American laws, judges or lawyers have any meaning here. Why is it so hard to get their Norwegian lawyers to contact my lawyer and present what they got according to Norwegian laws? Why sending this to me when I've told them to go through my lawyer? I would have to call USA to verify that any e-mail is true, since it is so easy to fake one. Therefore I don't give such mails any notice, make some Norwegian lawyers do it the correct way or get yourself a new client. You, Helena K. Kobrin, is hereby notified about this."
>From Kobrin's email:
"You are hereby placed on notice that Judge Ronald M. Whyte of the United States District Court for the Northern District of California issued a revised preliminary injunction on January 6, 1996 in Religious Technology Center v. Erlich, Case No. 95-C-20091 RMW. It expands the copyrighted works which are subject to the injunction and additionally enjoins Dennis Erlich and anyone in active concert or participation with him from, among other things, reproducing, transmitting or publishing trade secrets of Religious Technology Center. Judge Whyte also included language stating that '[f]air use is not available as a defense to the posting of trade secrets.' The full text of the revised injunction is below.
"Here is the text of the injunction:
"Defendant Dennis Erlich and his agents, servants, and employees, all persons acting or purporting to act under his authority, direction or control, and all persons acting in concert or in participation with any of them who receive notice of this Order, shall be and are restrained and enjoined pending further court order:
"From all unauthorized reproduction, transmission and publication of any of the works of L. Ron Hubbard that are protected under the Copyright Act of 1976, as codified in its amended form at 17 U.S.C. Section 101 et seq. Such works are found for the purposes of this order only, to be those works identified in Exhibits A and B to the complaint, items 1-3, 5-10, 12, 13 and 15 of Exhibit A-1 to Hawkin's October 27, 1995 Declaration and the OT Section III 'Data' an the OT III materials included on Exhibit B-1 to McShane's November 25, 1995 Declaration. Lists of these exhibits are attached.
"Nothing in this section 1 of the order shall be construed to prohibit fair use of such works. Fair use of the copyrighted material for the purposes of this order includes use of the copyrighted work for the purpose of criticism, news reporting, teaching, scholarship, and research."
Ron Newman received an ad from Gauntlet magazine, which has an article in
the upcoming issue about Scientology.
"Meanwhile, Scientology has been quietly -- relatively speaking -- going about the business of crushing their enemies, while at the same time touting their growing number of non-threatening All-American celebrities; most notably Tom Cruise and John Travolta. Rick Cusick updates Scientology's latest maneuvering including lawsuits that have forced the Cult Awareness Network (CAN) to go out of business. In this case, Scientology literally sued an opponent to death. And that's just the tip of the iceberg."
A letter signed by an array of Hollywood celebrities to the German
government attracted news coverage this week. The letter criticized the
treatment of Scientologists in that country. The most notable signatories
were Goldie Hawn, Dustin Hoffman, Larry King, Mario Puzo, Aaron Spelling,
Oliver Stone and Gore Vidal. The letter reads, in part:
""We have signed this letter to indicate our deep concern at the invidious discrimination against Scientologists practised in your country and by your own party. We are not Scientologists, but we cannot just look the other way while this appalling situation continues and grows.
"Individuals guilty of no crime but believing in Scientology are banned from German political parties, including your own. Scientologists cannot obtain employment by your government or contracts with that government. Children have been excluded from schools because their parents are Scientologists. Your Minister of Labor proposed the adoption of a ban on Scientologists from all positions of public service. And - like the book burning of the 1930s - your party has organized boycotts and seeks to ban performances of Tom Cruise, John Travolta, Chick Corea and any other artist who believes in Scientology."
Reuters reported the reaction of the German government.
"Chancellor Helmut Kohl on Thursday dismissed as 'rubbish' an open letter from a group of American celebrities who accused Germany of persecuting Scientologists in the way Jews were under Hitler. Kohl said he had no intention of replying to the letter, which was printed as a full-page advertisement in the Paris-based International Herald Tribune. He said its was signed by people who were only displaying their ignorance of Germany.
"A spokesman for the International Herald Tribune in Paris said the advertisement was placed by the people who signed it. He said it was sent to the newspaper from Los Angeles. He said a full-page ad typically costs $62,000. Heber Jentzsch, president of the Church of Scientology International, said in a statement released in London he hoped 'Chancellor Kohl heeds their admonition to restore democratic principles in his country.'"
The Associated Press reported:
"'It is false to talk about a persecution of Scientology in Germany,' Foreign Minister Klaus Kinkel was quoted by the Bild Zeitung newspaper as saying. 'When Scientology likens its treatment in Germany with the Holocaust, they are falsifying history.' Labor Minister Norbert Bluem, Family Affairs Minister Claudia Nolte, and Rudolf Scharping, parliamentary leader of the opposition Social Democrats, made similar statements in a front-page Bild article Friday. 'The U.S. celebrities have insulted victims of the Nazis,' Nolte said.
"A Jewish leader agreed. 'Comparing the Third Reich's Final Solution ideology with the democratic realities of Germany today is absurd, historically wrong, politically irresponsible,' Michel Friedman, of the Central Council of Jews in Germany, was quoted by the Berliner Zeitung newspaper as saying."
Grady Ward posted an opposition this week to Scientology's motion to
strike the NOTS documents from the Swedish parliament in the Scamizdat
"The copies of the NOTs documents are self- authenticating under Federal Rules of Evidence. They contain the signature and stamps of the foreign officials qualified to authenticate and the material is reasonably bound with official security strings and the official Swedish seal to prevent or detect alteration. However the plaintiff has not challenged the authenticity of the contents of the exhibit as being the NOTs in question in this litigation;
"The declaration by Grady Ward filed with the NOTs material was properly qualified to distinguish matters of personal knowledge and matters based upon information and belief. On information and belief, both copies of the entire NOTs packs were ordered by Mr Lars Ek and fulfilled by clerk Danja Andersson at the Primary Court of Stockholm, Sweden at or about the date shown on the receipt exhibit accompanying the declaration of Grady Ward. Article 26(b) of the Swedish Constitution governs the principle of offentlighetsprincip.
"The defendant moves the court to award the defendant the reasonable expenses and attorney's fee of $300.00 as provided in F.R.C.P. 11(C)(1)(A) because of the plaintiff attorney's violation of the following provisions of F.R.C.P. 11(b) by filing the Motion to Strike:
"1. F.R.C.P. 11(b)(2) for claiming the Swedish NOTs Exhibits are not authenticated despite F.R.E. 902(3); 2. F.R.C.P. 11(b)(2) for claiming that a 'Swedish defendant [Zenon Panoussis] was in violation of a number of Swedish court orders, including an injunction.' 3. F.R.C.P. 11(b)(2) for alleging defendant Ward has violated rules governing the filing of motions and the practice of an attorney before this court; 4. F.R.C.P. 11(b)(3) for alleging that defendant Ward is conspiring with Keith Henson and/or Zenon Panoussis in Sweden to feloniously submit forged documents before this court."
Also posted this week:
"In a January 6. 1997 ruling, the Honorable Richard M. Whyte of the Northern District of California substantially decreased the scope of a preliminary injunction by permitting Grady Ward to:
"'...the court does modify the injunction to allow Ward, for the purpose of gathering evidence for his defense, to download and store any NOTs and other Advanced Technology works posted on the Internet by others without Ward's involvement or suggestion...'
"Good news! Since I can now download and store the cult crap from the Internet and Web sites totally legally, as long as I don't have anything to do with it being put up. But of course I never have.
"April 11, 1997 is discovery cut-off (and when I will move for summary judgment). June 16, 1997 will be the trial."
Keith Henson also continued to post documents relating to his case before
"The court grants defendant Henson's motions to amend to allow Henson to download and store NOTS and other Advanced Technology for the sole purpose of gathering information for his defense in this case. The court otherwise denies defendant's motions, namely denies his request to remove any provision of the injunction based upon the alleged trade secret status of the works in question. Plaintiffs motion to clarify that the existing preliminary injunction does not allow the distribution of a verbatim copy of NOTs 34 to the FDA is granted.
"[N]othing in the existing preliminary injunction prohibits defendant from making appropriate communication with the FDA or any other law enforcement or regulatory agency about alleged criminal activities of plaintiff. However, such communication would not at this point appear to require the distribution of a verbatim copy of NOTs 34.
"Defendant's motion to modify the preliminary injunction to remove any aspect based upon the alleged trade secret status of the works in question is denied. Defendant seeks the modification on the grounds that: (1) NOTs 23 can be 'reconstructed' and (2) the copies of the works filed at the copyright office are available and not sufficiently masked. Both arguments lack merit. This denial goes no further than rejecting the two specific bases for defendants requested modification."
Also this week from Keith, news that he has served a subpoena to depose Scientology head David Miscavige.
"TO DAVID MISCAVIGE, COB OF RELIGIOUS TECHNOLOGY CENTER: PLEASE TAKE NOTICE that pursuant to Rule 30(b)(1) of the Federal Rules of Civil Procedure, defendant H. Keith Henson, pro se, hereby notices the deposition of David Miscavige, to be taken on the premises of Motel 6, 2081 North First Ave, San Jose, California 95131, commencing at 10:00 a.m. on Thursday, February 13, 1997, and continuing from day to day thereafter, as approved by the Court, excluding Saturday, Sunday and holidays, until completed before a notary public authorized to administer the oath. Mr. Miscavige is being deposed as a party because during all events and occurrences of the claims and counterclaims he was the Chairman of the Board of the plaintiff, the Religious Technology Center and has knowledge, inter alia, of copyright transfers, alleged trade secrets of the 'Advanced Technology' materials, and alleged postings of the defendant on the Internet as documented in the plaintiff's complaint. Mr. Miscavige also has special knowledge of possible fraudulent events involving the 'Advanced Technology,' and was the notary who witnessed Mr. Hubbard's signature."
8D Sec Check
Martin Hunt posted an eighth dynamic sec check, sent to him by a person
who wishes to remain anonymous.
"- have you ever polluted a holy place? - have you ever polluted a sacred object? - have you neglected to save a sinner? - have you ever perverted a religion? - have you thought evil thoughts? - have you ever concealed, or denied your religion?
"I'm sure I was not the only one to be audited this way. I don't know if the eighth dynamic sec check for scientologists was ever used on anyone, but my instincts say it has. Copyright is for 1962.
"In the sea org, I was called to qual for questioning on my being in a different religion. It was explained to me that I can't be both, in belief. Then, when I had the Int. rundown, the very last commands run on me were Q's about my religion. Next thing I knew, I was in Ethics Trouble. I had always been very open about my religion, but I still have the krs on my saying I was in a certain other religion."
The January 1997 issue of New Woman contains an interview with Kelly
Preston, Scientologist and wife of John Travolta. The interview is quite
complimentary to the cult.
"'I had some auditing done and just got clear on everything,' Preston says, referring to the process that functions much like conventional psychoanalysis. 'See in Scientology, there is technology for every relationship--which is brilliant! Basically, when you meet somebody it's all mapped out. There are steps that show you how to take control, be confident, and proceed with any relationship. So we just follow the steps, which opened us up for more romance and heightened our excitement. When you've really cleaned things out, you're free to fly''
"Preston talks about Scientology without the defensiveness displayed by so many other of its celebrity followers. (Travolta and Preston, along with good friends and fellow Scientologists Tom Cruise and Nicole Kidman, have helped give the religion its high-profile, Hollywood image.) Preston explains how she and Travolta went through what Scientologists call the 'condition of nonexistence' in order to forge a bond. 'It's a great process that cuts out all the b.s. in a new relationship,' she says. 'We asked each other what our dreams were, confessed the things we each love, the things that drive us crazy. We defined everything. Then we said, 'Okay, this is what i want out of a relationship, this is what you want out of a relationship, and this is where we have to compromise. It really sets the stage for a wonderful, smooth existence'. Preston also says that Scientology has made her a much more confident person. 'I've always been looking for answers to the important questions in life,' she says. 'Before, I was trying bits of everything or just searching, without direction. But Scientology has aligned everything for me, it's presented me with the ABCs of life.'"
I received a thick packet of materials from Kenny Moxon. The motion is
supposed to compel me and Priscilla Coates to attend separate depositions
in the Rick Ross/Jason Scott/CAN bankruptcy case in Arizona. Moxon is now
the former attorney, and is apparently attempting to get his contingency
The packet is almost all about Priscilla, with hand written notes from Rick to Priscilla, depositions, phone calls, etc. Nothing about me in it, except for one posting I made to this group.
"The day that Mr. Berry was retained by Mr. Scott -- which was at or about the time of the purported settlement between Messrs. Ross and Scott -- he sent a press release to Rod Keller which was posted on the Internet (Ex. N.) Mr. Keller is a member and supporter of CAN. The press release was replete with false and inflammatory information(1), and obviously intended to promote Mr. Berry's practice and derogate Mr. Scott's prior counsel.(2)
"In any event, Mr. Keller's Internet posting also indicates that he had been in e-mail communication with Mr. Berry on the matter.
"Mr. Keller is therefore expected to possess information relevant to the coercion of Jason Scott concerning the settlement agreement. Mr. Keller's examination is expected to be rather short but potentially important to resolving matters relevant to this action and will aid the parties and Court to resolve the disputed issues herein.
"Footnote 1 - For example, Mr. Berry asserted that the CAN and Ross bankruptcy's were caused by Mr. Moxon and the alleged agenda of another of the many clients of Mr. Moxon, the Church of Scientology. In fact, both bankruptcy's were filed voluntarily. CAN also converted voluntarily to Chapter 7, and some of its assets were sold at public auction at the demand of CAN's executive director, Cynthia Kisser, who thereafter lost the bidding.
"Footnote 2 - Indeed, in the transcribed telephone conversation with Mr. Scott, Berry was asked by Mr. Scott of his agenda. He stated: 'Well, I represent people against Scientology. Anything that is a black eye for Moxon and Scientology is a good deed as far as I am concerned. I certainly would like to see a settlement reached with CAN that would enable CAN to, at the very least, maintain its confidential files and perhaps even get up and running again. So my agenda, my agenda basically is to bite Scientology in the butt and to cause it as much grief as possible.'"
Week in Review
A.r.s Week in Review was apparently part of a piece that ran on Dateline
NBC this week.
"Only peripherally, on the segment about 'religion on the internet' the screen scrolled passed 'alt.religion.scientology week in review'."