DECLARATION OF HELENA K. KOBRIN I, Helena K. Kobrin declare: 1. I am an attorney duly lice
DECLARATION OF HELENA K. KOBRIN
I, Helena K. Kobrin declare:
1. I am an attorney duly licensed to practice before all
courts of the State of California and before this Court. I am counsel
of record for plaintiffs Bridge Publications, Inc. ("BPI") and Religious
Technology Center ("RTC") in this action. I have personal knowledge of
the matters set forth below, except for those stated to be on
information and belief, and as to those, I believe them to be true. If
called upon to do so, I could and would competently testify thereto.
2. On Monday, February 27, 1995, I sent a letter by telefax
to Netcom's attorney, Randolf Rice, to inform him of Dennis Erlich's
violation of the TRO issued by the Court, as well as an infringement by
one of Netcom's own direct subscribers, named Grady Ward, who posted
various copyrighted, confidential, unpublished materials which are
listed in Exhibit B to the complaint. I heard nothing back from Mr.
Rice the entire week on this subject.
3. On Monday, March 6, 1995, I received a letter back from
Mr. Rice. He informed me that he could not tell if the material posted
by Mr. Grady was trade secret or copyrighted. He said that if I could
provide him with proof of registration with the Copyright Office, Netcom
would then issue a warning to Mr. Grady not to post copyrighted
materials, and would cancel his access i he further posted copyrighted
material. The length of time taken to respond and the need to provide
proof of registration before even a warning would be issued were
inordinate delays in light the fact that Mr. Grady's posting was of
material listed in Exhibit B to the complaint for which Netcom has had
the registrations since the complaint was served on it.
Furthermore, Netcom's own rules, as discussed in the declaration of Dr.
Kenneth Castleman, state that, where warranted, Netcom will suspend an
account of someone who is violating its rules, while it investigates, in
order to prevent further violations.
I declare under penalty of perjury under the laws of the United
States of America that the foregoing facts are true and correct.
Executed on March 7, 1995, at Los Angeles, California.
/s/ Helena K. Kobrin
E-Mail Fredric L. Rice / The Skeptic Tank