Archive Message - 1995

From!!!world!!!boulder!!chris Thu Sep 14 09:46:05 1995 Path:!!!world!!!boulder!!chris From: (Chris Yoder) Newsgroups: alt.religion.scientology,co.general,co.politics,boulder.general,cu.general Subject: Denver Post Article Detailing Co$ Major Loss in Factnet Case Date: 13 Sep 1995 19:57:29 GMT Organization: UCHSC Lines: 113 Message-ID: <437d39$> NNTP-Posting-Host: X-SigEd: SigEd V1.3, Add .sig and PGP flexibility to posts. X-SigEd-URL: Xref: alt.religion.scientology:96246 co.general:11576 co.politics:5500 boulder.general:14968 cu.general:1645 -----BEGIN PGP SIGNED MESSAGE----- OK, Folks. Here it is, the article you've all been waiting for. The Denver Post Article that details how Judge Kane Blew the Co$ ass out of the water. This is the good stuff. People will be dancing in the streets. I type it in by hand, so typos are probably mine, which is better than OCR mistakes, I guess. - -------------------------------8<----------------------------------- The Denver Post September 13, 1995 Section B-1 Above the Fold. Headline: Scientologists lose in court. Sub Headline: Materials must be returned. By Peter G. Chronis Denver Post Staff Writer. The Church of Scientology lost its federal court battle yesterday against a former member whose materials were seized in a raid last month. US 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 church were on the computer disks. Wollersheim, of Boulder, ran a computerized "library" on religious cults. The Church of Scientology had accused Wollersheim and Bob Penney 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. -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 outwegh the harm to the defendants," Kane said. But there was showing of potential harm and injury by prohibiting the function- Please see COURT on 3B Page 3B Headline: Ex-Scientologis vows to make church 'suffer' COURT from 1B ing of FACT Net, Wollersheims's business. Kane's ruling in "only the beginning," said Willersheim. "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 bowed to file countersuits. After the rulling, Scientology attorney Earle Cooley asked that the decision be delayed, pending an appeal to the 10th US 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." Colley also said Wollersheim had nver collected money from any of his lawsuists against the church. No more copies Kane's order also barred Wollersheim 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 FACTNet service would cease to exist. The church had aked Kane to bare the return of the seized items pending outcome of a trial. Kane prefaced his decison by noting that the preliminary injunction requested by the church is "an extraordinary remedy which by its emergency nature does not afford the cour the opportunnity for ... the deliberative process of a full-fledged trial." Judge Cautious That's one reason that the decision of wether or not to issue and 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 qou" on all copyrighted materials in their possession, restricting them to "fair use and only fair use." - -----------------------------------------------8<------------------------ ***************************************************************************** * Chris Yoder, SP3, Clam Enturbulator.* To find out what that means read ars* ***************************************************************************** * To find out about what the Scientologists are trying to do to the net * * WWW to the URL: * ***************************************************************************** [ For Public Key: finger ] -----BEGIN PGP SIGNATURE----- Version: 2.6.2 iQCVAwUBMFc35hL//ovcRxmBAQGwQQP7BPq5Y0Iavqv7U/CQRAtyLAV7i6agQgrF fws2YPkPtUnT1FTVl7mQhuH1shgz6adQAGeG+pr7A1P9IQB+r14wo3t73rhRFeH6 RrLonuO2ZQ01m4OY0kvFM7tCPeTmuXQu4HVDp+2Hd2n6o2nkY15ljpMNEM4MdcmV CO0YxBkGRDM= =PGMa -----END PGP SIGNATURE-----


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