RENEWED MOTION FOR PRELIMINARY INJUNCTION AGAINST DEFENDANTS NETCOM ON-LINE COMMUNICATIONS

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RENEWED MOTION FOR PRELIMINARY INJUNCTION AGAINST DEFENDANTS NETCOM ON-LINE COMMUNICATIONS SERVICES, INC. AND TOM KLEMESRUD TO DEFENDANTS NETCOM ON-LINE COMMUNICATIONS SERVICES, INC. AND TOM KLEMESRUD AND THEIR ATTORNEYS OF RECORD: Plaintiffs Religious Technology Center ("RTC") and Bridge Publications, Inc. ("BPI") hereby move this Court for an order directing defendants Netcom On-Line Communication Services, Inc. ("Netcom"), and Tom Klemesrud, dba Clearwood Data Services ("Klemesrud"), to appear before this Court at a specified time and date to show cause why a Preliminary Injunction should not be issued requiring said defendants to cease and desist from infringing plaintiffs' rights under the federal copyright laws by making unauthorized reproductions of copyrighted works on the Internet network or other databases, and from violating RTC's rights under California trade secrets laws by copying unauthorized copies of confidential works of L. Ron Hubbard onto such database. The contents of those confidential works are known as "the Advanced Technology" of the Scientology religion. The form of the requested order to show cause is more particularly described below and in the accompanying proposed form of Order to Show Cause Re: Preliminary Injunction. GROUNDS FOR APPLICATION Plaintiffs apply to the Court for the requested relief pursuant to Rule 65 of the Federal Rules of Civil Procedure, on the grounds that plaintiffs hold exclusive rights relating to the reproduction, publication, and display of numerous literary works that are protected under federal law, some also containing trade secrets protected under state law; that in violation of those rights, defendants are, and recently have been, copying those works totaling at least 154 pages to date, with many works in their entirety, or causing them to be copied onto computerized data base information services, in violation of the copyright laws and state law; that defendants have continued their actions in spite of notification by plaintiffs of their rights and objections to the unauthorized copying and disclosure; and, that plaintiffs will suffer irreparable injury unless defendants are restrained from such actions during the pendency of this action. FORM OF REQUESTED ORDER TO SHOW CAUSE Plaintiffs request that this Court issue an order directing defendants to show cause why a preliminary injunction should not be issued enjoining and restraining them, their agents, and all persons acting in concert with them or on their behalf, from: 1. Permitting Dennis Erlich to access Usenet and the Internet via Netcom's computer system pendente lite, or, in the alternative, from: 2. Permitting copying of any of the copyrighted works of L. Ron Hubbard including, but not limited to, those identified in Exhibits A and B to the Complaint, and in particular from permitting copying of any of those works into any computer data base, information service, storage facility, archives, or other computerized network or facility by Dennis Erlich or by any other individual, after receiving notice that such person is engaging in violations of plaintiffs' intellectual property rights; 3. From copying Erlich's postings, or those of any other user upon receiving notice that person's postings of any of the copyrighted works of L. Ron Hubbard including, but not limited to, those identified in Exhibits A and B to the Complaint, and in particular from copying any of Erlich's postings, or those of any other poster upon receiving notice of that person's postings, of those works into any computer data base, information service, storage facility, archives, or other computerized network or facility; 4. From permitting the disclosure, display or reproduction of, or causing to be disclosed, displayed or reproduced by Dennis Erlich or any other individual, upon receipt of notice that such individual is so posting, any of the Unpublished Confidential Works identified in Exhibit B to the Complaint or any other work that is part of the Advanced Technology; 5. From disclosing, displaying or reproducing, or causing to be disclosed, displayed or reproduced, any of the Unpublished Confidential Works identified in Exhibit B to the Complaint or any other work that is part of the Advanced Technology, posted by Dennis Erlich, or by another individual, upon notice of such posting by such other individual; 6. From destroying or concealing, or in any way disposing of any reproduction, copy, facsimile, excerpt, or derivative of any work of L. Ron Hubbard hat is in defendants' possession, custody or control if posted by Dennis Erlich or any other individual, upon receipt of notice that such individual is making such postings. This application is based upon this Motion, the accompanying Memorandum of Points and Authorities, the facts set forth in the declarations of Thomas M. Small, Warren McShane, Marilyn Pisani and Helena K. Kobrin submitted with the Ex Parte Application for Temporary Restraining Order, the Ex Parte Application itself and accompanying Memorandum of Points and Authorities, and the declarations Dr. Kenneth R. Castleman, Dr. Alfonso F. Cardenas, David Elrod, Andrew H. Wilson, Helena K. Kobrin, and Lynn R. Farny submitted herewith, the Verified Amended Complaint in this action, and such additional evidence and arguments as may be properly presented at or before the hearing of the Application. Dated: March 6, 1995 Andrew H. Wilson WILSON, RYAN & CAMPILONGO Thomas M. Small Janet A. Kobrin SMALL, LARKIN & KIDDE - and - Helena K. Kobrin Attorneys for Plaintiffs RELIGIOUS TECHNOLOGY CENTER

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