Date: Thu, 9 Jan 1997 01:08:47 -0800 (PST)
From: Helena Kobrin <hkk@netcom.com>
Subject: Notice
To: heldal@online.no
Message-ID: <Pine.3.89.9701090107.A23686-0100000@netcom2>
MIME-Version: 1.0
Content-Type: TEXT/PLAIN; charset=US-ASCII


     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.

     Pursuant to Rule 65(d) of the Federal Rules of Civil
Procedure the form and scope of Injunction or Restraining
Order are:

     Every order granting an injunction and every
     restraining order shall set forth the reasons for
     its issuance; shall be specific in terms; shall
     describe in reasonable detail, and not by
     reference to the complaint or other document, the
     act or acts sought to be restrained; and is
     binding only upon the parties to the action, their
     officers, agents, servants, employees, and
     attorneys; and upon those persons in active
     concert or participation with them who receive
     actual notice of the order by personal service or
     otherwise.

     By this electronic communication, you are being
formally placed on notice of the above order and its terms. 


     Here is the text of the injunction:

     For the reasons set forth above, the court amends its
Preliminary Injunction Order of September 22, 1995 to read
as follows:

A.   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:

     1.   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.

          a.   Unauthorized reproduction, transmission, or
               publication includes "uploading" a digital
               file containing a copyrighted work from the
               computer to a bulletin board system or other
               server; and "quoting" a copyrighted work that
               is cited in an on-line message in sending,
               responding to or forwarding that message.

          b.   Nothing in this section 1 of the order shall
               be construed to prohibit fair use of such
               works, as set forth in 17 U.S.C. Section 107 and
               interpreted by applicable case law.  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 but does not include: (1) use of the
               material for a commercial purpose where the
               user stands to profit from exploitation for
               the copyrighted material without paying the
               customary price or giving the usual
               consideration or use that would have a
               significant effect on the potential market
               value of the copyrighted work; (2) use which
               fulfills the demand for the original work; or
               (3) use of the heart of the work - no more of
               a work may be taken than is necessary to make
               any accompanying comment understandable. 
               With respect to unpublished materials, the
               amount of copied material must comprise only
               a very small percentage of the copyrighted
               works both from a quantitative and a
               qualitative standpoint.

          c.   The prior postings by defendant Erlich that
               form the basis of this order do not qualify
               as fair use primarily because of the quantity
               of the material posted and the very limited
               transformative use made of those materials.
               Identical or similar postings are therefore
               enjoined.

     2.   From all unauthorized reproduction, transmission
          and publication of any of the specific processes
          (the sets of questions asked by a Scientology
          minister or auditor or specific steps taken by a
          parishioner during self-counseling) and
          instructions related thereto contained in the
          works of L. Ron Hubbard that are alleged to be
          protected as trade secrets.  Such specific
          processes and instructions are found, for the
          purposes of this order only, to be those contained
          in the works identified in Exhibit B to the
          complaint, the OT Section III "Data" and the OT
          III materials included on Exhibit B-1 to McShane's
          November 25, 1995 Declaration.  Fair use is not
          available as a defense to the posting of trade
          secrets.

     3.   From destroying, altering, concealing or removing
          from the district in which defendant Erlich
          resides, any reproduction, copy, facsimile,
          excerpt or derivative of any work of L. Ron
          Hubbard that is on the attached lists including
          all such works returned pursuant to prior order.
          Defendant Erlich or his counsel shall safely
          retain possession of any such items.

B.   Nothing in this order precludes defendant from
     downloading and storing any posting of the works listed
     for the purpose of gathering information for his
     defense in this case.

C.   A condition of the preliminary injunction is that a
     $25,000 bond shall be posted (or continued in place)
     pursuant to Federal Rule of Civil Procedure 65(c).

DATED:  _____________

                                                             
                              _____________________________
                              RONALD M. WHYTE
                              United States District Judge