From: Andreas Heldal-Lund - www.xenu.net Newsgroups: alt.religion.scientology,misc.legal Subject: Re: OPERATION CLAMBAKE ATTACKED!! Organization: Operation Clambake Message-ID: References: Date: Thu, 18 Nov 1999 19:18:57 GMT At the same time I found out that Operation Clambake (www.xenu.net) was closed I received a 40 page fax from the lawyers representing my ISP. Here is a description of each page with some extracts (I'll scan them later): PAGE 1: Letter from the attorneys Andrews & Kurth L.L.P., claimed to also have been sent by regular mail. Extracts: "Interliant [the ISP] has received notification from the Religious Technology Center Inc. ("RTC) and Bridge Publications, Inc. ("Bridge") alleging that certain content of the above- referenced site infringes their copyrights and trademarks. Copies of the notification letters are attached hereto for your review. These letters appear to comply with the notification provisions of the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c) et seq. Specifically, the RTC and Bridge complain that the following web pages violate certain copyrights: http://www.xenu.net/archive/events/lisa_mcpherson/pts-sp.jpg http://www.xenu.net/news/199908-oslo4.jpg http://www.xenu.net/archive/scientology_illustrated/intro12.htm Additionally, the RTC has alleged that the following web pages violate its trademark rights because of the inclusion of various RTC owned marks in the metatags for each such page: PAGE 2: http://www.xenu.net/ http://www.xenu.net/roland-intro.html http://www.xenu.net/archive/scientology_illustrated/ (then follows a list of all the 32 pages in Scientology Illustrated) http://www.xenu.net/archive/WIR/ http://www.xenu.net/FBI/ Accordingly, based on these allegations, and in good faith, Interliant has disabled access to the referenced site pending resolution of the RTC's and Bridge's complaints. Please understand that Interliant, Inc. passed no judgement on the validity of the RTC's or Bridge's allegations. While we are committed to the value of free expression on the Internet, the rules emboided in the DMCA, a federal statute, mandate that we follow the course of action we are taking. You should be aware that the DMCA may give you certain rights to respond to the allegation or otherwise get involved in the process." PAGE 3: Third page from Interliant, just signature etc. PAGE 4: Letter from Moxon & Kobrin (signer Paquette) November 1st 1999 to the law firm in the previous letter. About the picture at http://www.xenu.net/news/199908-oslo4.jpg PAGE 5: A copy of the image I hosted. It was the front page of a booklet the Scientologists gave me in Oslo when I had my latest lecture there ("L. Ron Hubbard - a portrait"). PAGE 6: Another letter from Moxon & Kobrin. Dated October 13 1999 and also signed by Paquette. Claims http://xenu.net/archive/scientology_illustrated/intro12.htm contains "a copy of the litography of the Dianetics book cover" which is wrong, no such image there. Also claims it also contains a photography of L. Ron Hubbard (belongs to L. Ron Hubbard Library). Problem is that the image is not there, it is linked from http://freedom.lronhubbard.org/img/index2.jpg PAGE 7: Page 2 of Paquettes letter, continue to complain about intro16.htm which she claims contains "a copy of a photography of Mr. L. Ron Hubbard [that] belongs to the L. Ron Hubbard Library. Same problem here, this page holds no copy of this image, only this link: http://drugrehab.lronhubbard.org/img/index2.jpg PAGE 8: Another letter from Moxon & Kobrin signed Paquette, this is dated August 23 1999. Some quotes: "Our office represents [RTC], owner of the trademarks and service marks of the Scientology religion, which includes the marks "SCIENTOLOGY", "DIANETICS" and "L. RON HUBBARD". Copies of the United States Patent and Trademark Office registrations for these marks are attached here as Exhibit 1. We also represent [Bridge Pub, "BPI"], the exclusive licensee of certain copyrighted works of L. Ron Hubbard, including the work entitled "PTS/SP Course - How to Confront and Shatter Suppression" ("the Copyrighted Work"). A copy of the United States Copyright registration for this work (No. TX 2 679 005) and a copy of the cover of the copyrighted work is attached hereto as Exhibit 2." PAGE 9: Next page of Paquettes letter. "One of your subscribers, "xenu.net," is using RTC's registrated trademarks and service marks identified above in metatags, and reproducing an unauthorized copy of the Copyrighted Work, on his web page on your system." "For your information, metatag infrigments have received considerable attention from the federal courts recently. The case law confirms that your subscriber's unauthorized use of our client's registered marks in metatags constitutes trademark infrigement under both federal and state laws, and specifically under the Lanham Act, 15 U.S. Code § 1114 et seq. For a recent very clear judicial condemnation of such metatag infringement, se _Brookfield Communications, Inc. v. West Coast Entertainment Corporation_ 174 F.3d 1036 (9th Cir. 1999). See also, _Playboy Enterprises, Inc v. Calvin Designer Label_ 44 U.S.P.Q. 2d 1155 (N.D. Cal. 1997), enjoining use of trademarks in metatags; _Jews For Jesus v. Bucci_, 42 U.S.P.Q. 2d 1430 (S.D.N.Y. 1997), af[?]d mem. No. 97-7492 (2d Cir.), _cert.den._ 119 S.Ct. 90 (1998), enjoining domain name use of a trademark by a critic. The unauthorized use of our client's federally registered trademarks and service marks as metatags on this website contitutes trademark infringement, under the _Brookfield Communications_ and _Playboy_ line of cases. We therefore enlist your assistance to put an end to these infringements. Regarding the copyright infringement, we also seek your aid. In compliance with The Millennium Copyright Act, 17 U.S.C. § 512(c)(1), we are providing our client's copyright (Exhibit 2) and the infringing material (Exhibit 4). You also are hereby given notice of our client's claim that this material infringes the copyright, as evidenced by Exhibit 2 and 4." PAGE 10: Last page og Paguettes letter, ordinary ending. PAGE 11: Almost blank page, some dots and "TAB 1". PAGE 12: Similar to previous page. PAGE 13: Unreadable text. PAGE 14: Unreadable text. PAGE 15: Unreadable text. PAGE 16: Similar to page 9 and 10. PAGE 17: Trademark registration from "SCIENTOLOGY". PAGE 18: Service mark registration For "SCIENTOLOGY" PAGE 19: Another Service mark registration for "SCIENTOLOGY". PAGE 20: Another Trademark registration for "SCIENTOLOGY". PAGE 21: Another Trademark registration for "SCIENTOLOGY". PAGE 22: Another Trademark registration for "SCIENTOLOGY". PAGE 23: Trademark and Service mark registration for "DIANETICS" PAGE 24: Another Trademark registration for "DIANETICS". PAGE 25: Another Trademark registration for "DIANETICS". PAGE 26: Trademark registration for "HUBBARD". PAGE 27: Another Trademark registration for "HUBBARD". PAGE 28: Service mark registration for "Hubbard" PAGE 29: Another Service mark registration for "Hubbard" PAHE 30: Service mark registration for Lron's signature. PAGE 31: Second page of previous registration, almost empty PAGE 32: Almost blank page, some dots and "TAB 2". PAGE 33: Certificate of Copyright Registration for "PTS/SP COURSE - HOW TO CONFRONT AND SHATTER SUPPRESSION" PAGE 34: Second page of previous registration. PAGE 35: Copy of the front page of the PTS/SP course book. PAGE 36: Almost blank page, some dots and "TAB 3". PAGE 37: A list of URL's (most mentioned in previous post) PAGE 38: List continuing. PAGE 39: Almost blank page, some dots and "TAB 4". PAGE 40: Small image of the PTS/SP Course front page. PS: I don't have time to follow news, please e-mail any replies Best wishes, SP4 & Adm. TOXE CXI Andreas Heldal-Lund, Normannsgaten 9, N-4013 Stavanger, Norway Pho: +47 88 00 66 66 Fax: 90 32 35 46 E-mail: heldal@online.no home.sol.no/~spirous www.xenu.net www.hedning.no/hedning --------------------------------------------------------------- "If anyone can show me, and prove to me, that I am wrong in thought or deed, I will gladly change. I seek the truth, which never yet hurt anybody. It is only persistence in self-delusion and ignorance which does harm." -- Marcus Aurelius ---------------------------------------------------------------