sor X-Mailer: TBBS/PIMP v3.25 Subject: RTC v Netcom - Amend TRO X-Posting-Host: [163.179.3

Master Index Current Directory Index Go to SkepticTank Go to Human Rights activist Keith Henson Go to Scientology cult

Skeptic Tank!

Path:!!!wupost!!!!uknet!!pipex!bt!btnet!!!mail.processor Newsgroups: alt.religion.scientology From: (mail.processor) Organization: L.A. Valley College Public BBS (818)985-7150 X-Mailer: TBBS/PIMP v3.25 Subject: RTC v Netcom - Amend TRO X-Posting-Host: [] Date: Mon, 27 Feb 1995 21:30:28 +0000 Message-ID: <> Sender: Lines: 164 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA RELIGIONS TECHNOLOGY CENTER, a California non-profit corporation; and BRIDGE PUBLICATIONS, INC., a California non-profit corporation, No. C-95-20091-RMW Plaintiffs, v. AMENDED TEMPORARY RESTRAINING ORDER NETCOM ON-LINE COMMUNICATION SERVICES, INC., a Delaware corporation; DENNIS ERLICH, an individual; and TOM KLEMESRUD, an individual, dba CLEARWOOD DATA SERVICES, Defendants. On February 10, 1995, this court issued a temporary restraining order ("TRO")against defendants Dennis Erlich ("Erlich"), Netcom On-Line Communication Services, Inc. ("Netcom"), and Tom Klemesrud ("Klemesrud"). At a hearing to show cause why a preliminary injunction should not be issued held on February 21, 1995, the court dissolved the temporary restraining order as to defendants Netcom and Klemesrud and denied plaintiffs' request for a preliminary injunction against them. As to those defendants the plaintiffs have not established a sufficient continuing threat of irreparable harm or a probability of success on the merits. Further, the threat of harm to those defendants and the public outweighs any further threat of harm to plaintiffs, particularly in light of the seizure order and the continuing TRO against defendant Erlich. The TRO, as modified below, remains in effect as to defendant Erlich pending the court's decision on whether to issue a preliminary injunction as to him and good cause supports continuing that TRO. Plaintiffs have raised serious legal questions and the balance of hardships tips sharply in plaintiffs' favor in that the hardship to defendant Erlich, if the temporary restraining order set forth below is granted, is outweighed by the potential hardship to plaintiffs if it is not granted. The court has ordered plaintiffs to provide by February 24, 1995, an inventory of the items seized and the basis for claiming that each is copyrighted or protected as a trade secret. Defendant Erlich has been given until March 3, 1995, to respond. The court will then determine whether the TRO, or a modification of it, will be converted into a preliminary injunction pending trial or further order of the court. The court amends the existing TRO to read as follows: 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. S 101 et seq. Such works are found, for the purposes of this order only, to be those works identified in exhibit A to the complaint. a. Unauthorized reproduction, transmission, or publication includes placement of a copyrighted work into a computer's hard drive or other storage device; "browsing" the text of a copyrighted work resident on another computer through on-screen examination; scanning a copyrighted work into a digital file; "uploading" a digital file containing a copyrighted work from the computer to a bulletin board system or other server; "downloading" a digitized file containing a copyrighted work from a bulletin board system or other server to the computer; 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 paragraph shall be construed to prohibit fair use of such works, as set forth in 17 U.S.C.  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 of 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. 2. From disclosing, displaying or reproducing, or causing to be disclosed, displayed or reproduced, any of L. Ron Hubbard's unpublished, confidential copyrighted works which are found to be, for the purposes of this order only, those works identified in exhibit B to the complaint; and 3. From destroying, altering, or 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 has not been seized, or any remaining copies of work that was seized, and that is in defendant Erlich's possession, custody, or control. No further seizure shall take place without prior court approval. The bond in this matter in the amount of $25,000 shall remain in place. A condition of this TRO is that plaintiffs' counsel safely retain in their possession any seized items turned over to them by the marshal or the law officer pursuant to the seizure order. Dated: 2/23/95 /s/ RONALD M. WHYTE United States District Judge Copy of this order was mailed on February 23, 1995 to: Andrew H. Wilson Wilson, Ryan & Campilongo 115 Sansome Street 4th Fl San Francisco, CA 94104 Thomas M. Small Jamet A. Kobrin Small, Larkin & Kidde 10940 Wilshire Blvd #1800 Los Angeles, CA 90024-3945 Helena K. Kobrin 7629 Fulton Avenue North Hollywood, CA 91605 Richard Allen Horning Horning, Janin & Harvey 555 Montgomery St. #720 San Francisco, CA 94111-2574 Dennis Erlich 1614 South Central Avenue Glendale, CA 91204 Randolf J. Rice Barbara R. Shufro Melissa A. Burke Pillsbury, Madison & Sutra Ten Almaden Blvd. San Jose, CA 95113-2226


E-Mail Fredric L. Rice / The Skeptic Tank