14 Jul 2000
fjc@thingy.apana.org.au (Frank Copeland)
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- From SNicolson@davies.com.au Thu Jan 27 15:01:13 2000
From fjc Thu Jan 27 15:01:13 2000
Dear Sir
Re: Unauthorised publication of confidential material
We act on behalf of the Religious Technology Center ("RTC").
RTC instituted legal proceedings against Mr H. Keith Henson in the United
States District Court for the Northern District of California, bearing No.
C-96-20271 RMW, alleging copyright infringement by Mr Henson by his
publication of RTC's unpublished, confidential copyright work known as NOTs
34. In the course of those proceedings, on 11 May 1998 the Court ordered
that portions of the transcript which contained discussion of the contents
of NOTs 34 should be sealed. In particular, the Court ordered that the
following passages from the transcript should be sealed: page 479, lines
22-25; page 488, line 13 to page 489, line 1; page 489, line 16; page 490,
lines 9-14; page 491, lines 18-20; page 492, lines 1-4; page 492, lines
7-12; page 493, lines 24-25; page 494, lines 3-6; page 494, lines 14-15;
page 494, line 19 to page 495, line 1; page 495, line 13 to page 496, line
3; page 496, line 11 to page 497, line 11; page 497, lines 18-23; page 498,
lines 6-10; page 498, line 20 to page 499, line 1; page 502, line 18 to page
503, line 1; page 503, lines 5-8; page 503, lines 11-12; page 503, lines
14-15; page 504, lines 1-3; and page 504, lines 12-15. The Court further
ordered that any person who wished to have the passages of transcript
unsealed should apply to the Court to do so. A copy of the relevant Court
Order will be made available for your inspection upon request.
On 12 May 1998 Mr Henson uploaded a diskette containing the text of the
transcript which the Court had ordered to be so sealed on to his personal
File Transfer Protocol ("FTP") site on the Internet. On 22 June 1999 the
United States District Court for the Northern District of California found
that Mr Henson's actions in so doing constituted a civil contempt of Court,
notwithstanding the fact that Mr Henson subsequently deleted the
unexpurgated version of the transcript from his FTP site. A copy of the
relevant Court Order will be made available for your inspection upon
request.
The order of the United States District Court for the Northern District of
California which sealed the passages from the transcript identified above is
an Order which applies to the actual text of the document, not just to Mr
Henson personally. Accordingly, the RTC contends that the publication of the
passages from the transcript identified above by any other person also
constitutes a civil contempt.
In this context we note that the contents of your home page, entitled "Frank
Copeland's Home Page" at http://thingy.apana.org.au/~fjc/ include an
unexpurgated version of the transcript of the proceedings before the United
States District Court for the Northern District of California. It is
accordingly contended that your action in posting this unexpurgated text on
to your home page also constitutes a civil contempt.
Although our client does not seek to become involved in litigation, it will
nonetheless take any actions necessary to protect its intellectual property
rights. Our client therefore demands that you agree to, and comply with, the
following terms:
1. That you, your servants and agents immediately cease and forever
desist from reproducing, publishing, distributing or in any other way
dealing with (including but not limited to dealings on the Internet, in
newspapers and in magazines) any computer files, documents or things which
amount to a reproduction or a substantial reproduction of the passages of
transcript referred to above ("the Offending Copies").
2. That you will immediately delete, or arrange to be deleted, all
computer files in your possession, custody or control or in the possession,
custody or control of your servants or agents containing information which
amounts to a reproduction or a substantial reproduction of the Offending
Copies.
3. That you will immediately withdraw from circulation and deliver up
to our client, C/- Davies Collison Cave Solicitors, all documents or things
in your possession, custody or control or in the possession, custody or
control of your servants or agents which amount to a reproduction or a
substantial reproduction of the Offending Copies.
4. That within ten (10) days of the date of this letter you will
confirm by statutory declaration to be provided to our client, C/- Davies
Collison Cave Solicitors at 1 Little Collins Street, Melbourne, Victoria
that the demands made above have been complied with.
These undertakings may be given by you returning a copy of this letter with
the endorsement below duly completed and signed. This offer of settlement
remains open until 5:00pm on 11 February 2000.
Yours faithfully
DAVIES COLLISON CAVE SOLICITORS
I, Frank Copeland, hereby provide the undertaking sought in numbered
paragraph 1 of this letter and agree that I will comply with the
requirements specified in numbered paragraphs 2, 3 and 4 of this letter
within the periods specified.
DATED the day of 2000
......................................................
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From: Sally Nicolson <SNicolson@davies.com.au
To: "Frank Copeland (E-mail)" <fjc@thingy.apana.org.au
Subject:
Date: Thu, 27 Jan 2000 15:02:28 +1100
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Frank Copeland
DAVIES COLLISON CAVE DAVIES COLLISON CAVE SOLICITORS
Melbourne Sydney Brisbane
http://www.davies.com.au
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