From: Andreas Heldal-Lund - www.xenu.net Newsgroups: alt.religion.scientology Subject: Re: OPERATION CLAMBAKE ATTACKED!! Organization: Operation Clambake Message-ID: References: Date: Thu, 18 Nov 1999 21:35:26 GMT My second fax to the lawyers for my ISP (also talked to him on the phone just now): [START FAX] OPERATION CLAMBAKE Page 1 of 2 The Fight Against Scientology on the Net WWW.XENU.NET Stavanger, November 18 1999 Andrews & Kurth L.L.P. Attorneys 600 Travis, Suit 4200 Houston, Texas 77002 USA Fax: 0 1 713 220 4285 Attn.: John P. Courtney ALLEGED COPYRIGHT AND TRADEMARK INFRIGEMENT AT WWW.XENU.NET With reference to my fax earlier today. I don't have your e-mail address yet so I send this by fax instead. Paquette representing RTC and Bridge claims that my alleged "infringement" is the same line of case as the Brookfield Communications and Playboy cases. I have some comments to that. The Brookfield Communications case was both about the right to domain name and using metatags on a commercial web page. My site is not a commercial site, but a site using the freedom of speech to also express critical opinions about a "religion". As for "initial interest confusion" my pages are clearly marked as critical sites that are not related to the Church of Scientology ("CoS"), Dianetics or RTC. Close to all of the pages on Operation Clambake has an image with the text "OPERATION CLAMBAKE - Undressing Scientology" and the front page (http://www.xenu.net/) includes a link to CoS's official site (urging visitors to check out both sides), the text "The Fight Against Scientology on the Net" at the top and the following disclaimer: "I, Andreas Heldal-Lund, am alone responsible for Operation Clambake. I speak only my own personal opinions. Images and text on this site made by me are donated to the public domain and critics of CoS are free to use it if credits are given. Pick up the stick! A special thank goes to all contributors, credits are placed where due except when authors have request anonymity. Dianetics and Scientology are trademarks (http://www.scientology.org/p_jpg/tmnotice.htm) of the Religious Technology Center (RTC). These pages and their author are not connected with RTC, or any others organization residing under RTC's corporate umbrella." Page 2 of 2 Together with the metatags for Keywords there is also the following text in the meta tag for Description on all my pages: "The Church of Scientology is a cult that destroys people, so it needs to be exposed. To back up this strong claim I need to collect some of their secret literature. Read it and make up your mind." This meta tag for Description is used by the search engines to describe the hit if one of my pages are shown among the result on searches including words like "SCIENTOLOGY", "HUBBARD" or "DIANETICS". Together all this should rule out any possible confusion. My use of metatags is relevant, it is not deceitful and every possible step is taken to rule out any misunderstanding. Playboy Enterprises Inc. v. Calvin Designer Label was about abuse (including spamming) of trademarks to attract surfers to pages without any relevance to the trademarks used. In contradiction to my use of RTC's trademarks; since my pages definitely contains information related to the trademarks used as metatags. And I am not spamming tags or using other dishonest methods to increase my rating in search engines. The lawsuits mentioned are about the use of trademarks as metatags "to create a likelihood of confusion, mistake or deception". This is not the case for Operation Clambake and therefore the lawsuits are not relevant to my case. Please let me know if you need the full texts of any of these lawsuits referred to here or by Paquette, or if I can help with other information. I hope the site will be available again very soon. With best regards, Andreas Heldal-Lund www.xenu.net Copy sent my Norwegian lawyer Knut Vigeland (fax +47 22 55 [END FAX] 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 ---------------------------------------------------------------