Subject: Kobrin jumps on an er 1/2
Organization: L.A. Valley College Public BBS (818)985-7150
X-Mailer: TBBS/PIMP v3.25/PRIMP 1.56p
Date: Mon, 27 Feb 95 19:41:46 -0800
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
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.
Counsel for Plaintiffs
cc: Randolf J. Rice,
Richard Allan Hornin,
úÿ [ Continued In Next Message... ]