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From: cerberus@medusa.com (Cerberus)
Newsgroups: alt.religion.scientology
Subject: Denver Post: Scientologists Lose in Court
Date: Wed, 13 Sep 1995 09:44:05 GMT
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OK. Here's the news from Page B1 of the Denver Post, reproduced
without permission (sue me). I laughed when I heard that CoS had
drawn John Kane. Anyone who has appeared before him knows that he's
having more fun with this case than the law should allow.
Typos are mine. Text follows:
SCIENTOLOGISTS LOSE IN COURT
by Peter G. Chronis, Denver Post Staff Writer
The Church of Scientology lost its federal court battle yesterday
against a former church member whose materials were seized in a raid
last month.
U.S. District Judge John Kane ordered the immediate return of computer
equipment and other items that federal marshals seized Aug. 22 from
Lawrence Wollersheim, a former Scientologist who has become a critic
of the religion. Wollersheim claimed that the names of alleged
victims of the dhurch were on the computer disks.
Wollersheim, of Boulder, ran a computerized "library" on religious
cults. The Church of Scientology had accused Wollersheim and Bob
Penny of Niwot, also a former Scientologist, of illegally posting
copyrighted, confidential church teachings on the Internet to
discredit the church, founded by the late science-fiction writer L.
Ron Hubbard.
Among Kane's findings were:
The plaintiffs didn't show a likelihood that they would succeed on
their claims of copyright and trade-secret violations. Rather, Kane
said, it appeared the defendants were covered by the "fair use"
provision of the copyright law, which allows use of copyrighted
materials for "criticism, comment or research."
The Scientologists hadn't presented evidence that the materials are a
trade secret under Colorado law.
There was no showing of "irreparable injury." The defendants weren't
using the materials commercially, and the church wouldn't suffer a
competitive disadvantage. "The threat of injury to the plaintiffs
does not outweigh the harm to the defendants," Kane said. But there
was a showing of potential harm and injury by prohibiting the
function-
[continued on Page 3B]
ing of FACT Net, Wollersheim's business.
Kane's ruling is "only the beginning," said Wollersheim. "We will
stand up to them. What they did was outrageous. They raided a
library and archive on false premises. Now they're going to have to
suffer the consequences." He vowed to file countersuits.
After the ruling, Scientology attorney Earle Cooley asked that the
decision be delayed, pending an appeal to the 10th U.S. Circuit Court
of Appeals. Kane refused, saying it would "cause the harm" to
Wollersheim he was trying to avoid.
"We will seek relief from the 10th Circuit, I'll tell you that,"
Cooley said as he left the courtroom. "It's totally wrong. It's not
a reflection of the law. In fact, it overlooks controlling law."
Cooley also said Wollersheim had never collected money from any of his
lawsuits against the church.
NO MORE COPIES
Kane's order also barred Wollershiem from making more copies of the
supposedly secret Scientology materials. Wollersheim had argued that
if the computer gear and other items weren't returned, the FACT Net
service would cease to exist.
The church had asked Kane to bar the return of the seized items
pending outcome of a trial.
Kane prefaced his decision by noting that the preliminary injunction
requested by the church is "an extraordinary remedy which by its
emergency nature does not afford the court the opportunity for... the
deliberative process of a full-fledged trial."
JUDGE CAUTIONS
That's one reason that the decision of whether or not to issue an
injunction requires "the utmost caution and prudence," Kane continued.
Issuing an injunction is "a power best used sparingly," similar to the
contempt citation.
A preliminary injunction is intended to "preserve the status quo
ante," or last existing state, he said.
"The public interest is served best by the free exchange of ideas,"
Kane said. "To issue the injunction sought will not serve the public
interest. The plaintiffs have not shown a likelihood of success. The
plaintiffs' motion for a preliminary injunction is denied."
Kane ordered the Scientologists to "return and restore" to the
defendants "all seized materials." He ordered the defendants to
maintain "the status quo" on all copyrighted materials in their
possession, restricting them to "fair use and only fair use."
-30-
Cerberus
___________________________
A Daniel come to judgment! yea, a Daniel!
O wise young judge, how I do honor thee!
The Merchant of Venice, Act IV, Scene 1
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