Subject: Kobrin jumps on an er 1/2 References: +lt;19950223142957ECR0JMC@MVS.OAC.UCLA.EDU+

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Newsgroups: alt.religion.scientology Path:!!panix!!caen!!!!netcomsv!lavc!dennis.l.erlich From: Subject: Kobrin jumps on an er 1/2 Message-ID: <> References: <19950223142957ECR0JMC@MVS.OAC.UCLA.EDU> Organization: L.A. Valley College Public BBS (818)985-7150 X-Mailer: TBBS/PIMP v3.25/PRIMP 1.56p Distribution: world Date: Mon, 27 Feb 95 19:41:46 -0800 Lines: 98 Faithful Reader, This letter was delivered, also to the wrong address, today to me and the Judge. Now I'm in for it. +--------------------------------+ HELENA K. KOBRIN February 27, 1995 FAX AND U.S. MAIL Hon. Ronald M, Whyte United States District Judge United States District Court Northern District of Californi 280 S. lst Street, #2112 San Jose California 95113-3008 Re: Religious Technology Center, et al. v. Netcom Onlin Communication Services, Inc., et al,, No, C-95-2009 Dear Judge Whyte: As you currently have before you the question of the scope of the preliminary injunction to be issued against Dennis Erlich, we wish to bring to your attention what we believe to be a clear and egregious violation of the temporary restraining order by Mr. Erlich on Sunday, February 26, 1995. We will be submitting the appropriate application to address Erlichfs contempt, but we fel this should be brought to your immediate attention by this I am including with this letter a declaration by Warren McShane regarding Mr. Erlichts, February 26 reposting of the same Class VIII "Assists" tape transcript which is included as one of the copyright and trade secrets violations of the works of L. Ro Hubbard listed in Exhibit B to the complaint. The declaration details that the posting was the same as the posting on which th complaint is based. It consists of eight pages out of a 25 page transcript, and also includes 19 additional lines of language from Advanced Technology materials in a "glossary" that Mr. Erlich has included at the end. As discussed in the fair use briefings which we have provided you, this extensive copying can in no way be deemed fai use. It is also egregious in light of your warnings to Mr. Erlich at the hearing to be careful and not to engage in any extensive ostin s and a flagrant violation of the Court's order. None of these things deterred him from this violation of the temporary restraining order. It therefore appears that nothing short of a full ban on Mr. Erlich's postings of Church materials pending the resolution of this lawsuit will deter him from continuing his violations of RTC's rights, as he will continue to claim ignorance and say he thought what he was doing was permissible. We request that you take this violation into account in deciding the scope of the preliminary injunction to be issued an whether you will hold further oral argument on the subject. In light of Mr. Erlich's, at best, deliberate decision to remain ignorant of the law or, at worst, wilful violations of the law, it seems appropriate to order that he may not post any of the copyrighted materials during the pendency of the litigation. RTC respectfully requests that the Court issue such an order as part of the injunction. It should also be noted that Mr. Erlich has a copy of this Advanced Technology material when it was impounded under the Writ of Seizure. His possession of this transcript itself appears to violate the court's intentions. Respectfully Submitted, Helena Kobrin Counsel for Plaintiffs HKK:mfh Enc. cc: Randolf J. Rice, Richard Allan Hornin, Dennis Erlich, Thomas M.Small Andrew Wilson [ Continued In Next Message... ] -------------------


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