24 Jun 2000
Kaeli <kaeli@klis.com>
I received this this afternoon. As I do not have a copy of the NOTs, I
may have reposted someone else's message without deleting everything. I
do not see how that is a copyright violation.
To be honest, I'm very annoyed and angry that this thing, Ava Paquette
is threatening me, and have stated that any more attempts at emailing me
will result in a complaint of harassment.
I emailed her this response back:
To Ms. Paquette,
I'm not sure what you are referring to. Are you spam emailing people
who post on this particular newsgroup? If so, please do not continue
spamming people. I've been told by many people, including Roger Gonnet
that your organization, this so-called Religious Technology Centre,
a.k.a. the Church of Scientology, has been known to harass and invade
people's privacy, as well as engage in criminal activity.
I will inform my ISP that you are engaging in unethical tactics of
intimidation and fear.
Thank you
Kaeli
I don't see how me reposting someone else's post is a copyright
violation.
Kaeli@klis.com
Return-Path: <AMPaquette@aol.com
Dear Sir/Madam:
Our office represents Religious Technology Center ("RTC"), the
owner of the confidential Advanced Technology of the Scientology religion and the
holder of exclusive rights under the copyrights applicable to the Advanced
Technology materials. The Advanced Technology materials are confidential,
unpublished, copyrighted works. RTC's works include, among others, the individual
works comprising a level known as "NOTs" . These works are registered with
the United States Copyright Office under registration numbers: TXu 257 326 and 257
527.
Please be advised that someone, calling themselves "Kaeli" posted
one of these copyrighted works through your system without the authorization of
our client. A copy of the header for this posting is attached.
Your subscriber's action in this regard violates Canadian and
United States copyright law. Accordingly, we request that this posting be
canceled immediately and that this subscriber be warned against engaging in this
same activity in the future.
Numerous permanent injunctions have been entered regarding similar
infringements. For instance, in May 1998, a jury in the United States
District Court in San Jose, California assessed damages in the amount of $75,000
against a Mr. Henson for engaging in similar infringing activities on the
Internet. Mr. Henson was also permanently enjoined by the court against further
infringements. A United States District Court in the state of Virginia granted judgment
for damages, costs, and a permanent injunction related to similar copyright
infringement. Permanent injunctions have also been entered in three
additional U.S. cases.
Similar results have been reached in Europe. On September 14,
1998, a Swedish court enjoined a defendant who engaged in similar infringements,
in addition to finding that his actions in placing our client's copyrighted
works on the Internet violated the owner's rights under Swedish copyright law. He
was also fined for his illegal actions and ordered to pay litigation costs. On
June 9, 1999, a Dutch court found an individual and numerous Internet service providers
had engaged in copyright infringement by posting, or hosting, our clients'
copyrighted works on their web sites. The court ruled that the service providers
must remove such postings as soon as they are notified of them, subject to a
monetary fine for each day on which they do not comply.
I appreciate your prompt attention to this matter.
Sincerely,
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From: AMPaquette@aol.com
Message-ID: <9d.72d208b.268506df@aol.com
Date: Fri, 23 Jun 2000 14:30:55 EDT
Subject: Unauthorized Use of Copyrighted Materials
To: abuse@home.com
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Ava Paquette
Moxon & Kobrin
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Los Angeles, California 90010
Tel: (213) 487-4468
Fax: (213) 487-5385
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