Notification of possible IP infringements -- Zenon Panoussis

27 Feb 2001

Zenon Panoussis <oracle@xs4all.nl>

The PGP signature belongs to the original message, with the passwords, so it won't compute on the posting. -- Z

-------- Original Message -------- Subject: Notification of possible IP infringements
Date: Tue, 27 Feb 2001 23:16:59 +0100
From: Zenon Panoussis <oracle@xs4all.nl
Organisation: Marcab Technologies
To: ruprecht.hermans@nautadutilh.com, hkk@netcom.com,
CC: phonvandenbiesen@bpb.nl


You are receiving the following in your capacity of legal representatives of the Religious Technology Center, NEPI, Bridge Publications, The Hubbard Library and all other scientology-related entities that hold any kind of intellectual property rights. It is addressed to those entities.


This is to notify you that I have installed a news server at news://search.freewinds.cx/ containing all scientology-related Usenet groups and most of what has been posted on them through the years. I intend to make this service public.

I am aware of the fact that you have complained about copyright and other IP infringements on Usenet on numerous occasions. In this context I regard myself as a news server administrator. I do not control the contents of my server and I assume no responsibility for them. There is one exception to this: naturally, I still accept responsibility for postings that I myself have made in my capacity of user.

However, I do not wish to start yet another conflict with you over this server. I am therefore now providing you with an opportunity to preview its contents and to report possible infringements to me. Provided that your reports are accurate, I am prepared to remove infringing material from the server.

You can submit your reports to me by e-mail at the above address. Every complaint about an alleged infringement must contain at least the following information:

1. The name(s) of the news group(s) where it has been posted
2. The date of the posting and the e-mail address of the poster
3. The message ID of the posting
4. The type of infringement, i.e. copyright, trade mark etc
5. A clear and unambiguous delimitation of the infringing text in the format "From (quote) until and incuding (quote)". Please note that only infringing material will be removed, not entire postings.
6. A brief note of the legal basis of your claim, e.g. "copyright, US CO Tx-nnnnn, exceeds permitted quote" "copyright, US CO Tx-nnnnn, unpublished" "trade mark, BMB nnnnnn, used in registered class"

Apart from the aforementioned, you do not need to comply with any particular formalities and there is no need for US-style DMCA declarations under penalty of perjury. As I receive your reports I will be asking Mr Hermans to confirm them, thus putting the responsibility for any incorrect claims on him.

And please, be serious. Do not attempt to extend your rights further than they actually reach and do not flood me with unfounded, undocumented or exaggerated claims. Consider that the server resides physically in the Netherlands, that Dutch law applies to it (and to me) and that certain scriptures which you claim are unpublished, have been considered to be published by the Dutch courts, which at least defines their current status. In other words, do not attempt to apply your usual tactics of complaining about everything and anything that you wish you had rights to, but restrict yourselves to those rights which you believe that you could prove in a Dutch court under Dutch law.

Also, please be aware that although I intend to carry out this process with as little bureaucracy and formalisms as possible, I do reserve the right to ask you to provide me with copies of (selected or random) documents among those mentioned under p 6 above. If, for any reason, would fail to provide one requested document, I will subsequently request all of them and refuse to remove any material at all until I have received the corresponding documentation. Thus, in plain language: no bluffing.

You can access the server with

user name: [deleted]
password: [deleted]

Your preview period begins immediately and ends in two weeks, i.e. on March 13 at 23.59 hours central European time.

In your own interest I suggest that you review all the other newsgroups before you start with alt.religion.scientology , which I will probably be re-organising in the coming 2-3 days. If you have any questions or technical problems, feel free to mail me with them.

Zenon Panoussis

Version: PGP 7.0


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