[This is a press release from the Church of Scientology, filled with a 
great deal of misinformation. See end for a detailed critique.]


From: koreenb@aol.com (Koreen B)
Newsgroups: alt.religion.scientology
Subject: Judge Enforces Restraining Order on Erlich
Date: 21 Feb 1995 18:06:49 -0500


I just received this press release regarding the hearing on the copyright
infringement case brought against Dennis Erlich.

                                             February 21, 1995
        FOR IMMEDIATE RELEASE

        FOR FURTHER INFORMATION

        CONTACT: HELENA KOBRIN
        (213) 960-1933


                  JUDGE EXTENDS RESTRAINING ORDER ON
                     INTERNET COPYRIGHT INFRINGER

            (San Jose) A federal judge in San Jose confirmed
      and extended a temporary restraining order on Glendale,
      California resident Dennis Erlich, prohibiting him from 
      illegal posting of copyrighted and trade secret religious
      materials to the Internet computer system.

            The complaint was filed on February 8, 1995, by Bridge
      Publications, Inc.  (BPI) -- the Church of Scientology's
      publishing company -- and Religious Technology Center (RTC)
      -- holder of the Dianetics and Scientology trademarks.  

            District Judge Ronald M.  Whyte asked to be provided by
      February 24th with additional details of Erlich's copyright
      abuses and theft of trade secrets.  The TRO is held in place
      until the Judge formulates an injunction based on the
      specific information he has asked for.

            The Church is seeking a preliminary injunction against
      Erlich which forbids him from making further unlawful
      postings of religious materials onto the Internet until the
      time of trial, violations of which will place him in contempt
      of court.

            According to the suit, Church lawyers made numerous
      attempts to persuade Erlich to halt his unlawful
      infringements.  Erlich refused to do so, then bragged on the
      Internet that he would continue his illegal actions because
      "[n]o local government or court in the U.S.  has the power to
      tell me otherwise."

            Last week, police officers and Church lawyers executing
      a federal court order entered Erlich's home and seized
      computer disks and other materials which were evidence of the
      violations.

            "We are very pleased that the judge has extended the
      temporary restraining order against Erlich," said long-time
      copyright attorney Tom Small.  "The laws of the land apply to
      those who use the Internet.  This valuable resource should be
      used for free discussion and information exchange, and not to
      violate the rights of others."

            Those who value the freedom of the Internet have
      expressed increasing concern that violations of the law pose
      a danger to all users of the net.  With the recent arrest of
      computer hacker Kevin Mitnick, federal authorities have shown
      increased willingness to crack down on crimes in cyberspace.
      Mitnick, who had looted computer files on the Internet and
      evaded capture for two years, was tracked down after FBI
      agents enlisted the aid of San Diego computer security expert
      Tsutomu Shimomura.

            The Church also stated that it will reapply for a
      preliminary injunction against Erlich's gateways onto the
      Internet: Tom Klemesrud, the systems operator of Erlich's
      bulletin board service, and Netcom On-Line Communication
      Services, which provides Internet access for the BBS.  "A
      means of control should exist whereby access operators and
      their organizations are held responsible for what is posted
      on the Internet," said Church of Scientology lawyer Helena
      Kobrin.

            "The Internet is too valuable a resource for us to
      allow criminality to flourish on it.  Individuals like Erlich
      cannot be allowed to violate the law and threaten the freedom
      of all lawful net users."


                              -- ENDS --





Newsgroups: alt.religion.scientology,comp.org.eff.talk,misc.legal
From: strnlght@netcom.com (David Sternlight)
Subject: Re: Judge Enforces Restraining Order on Erlich
Date: Wed, 22 Feb 1995 17:42:39 GMT

[...]

>            (San Jose) A federal judge in San Jose confirmed
>      and extended a temporary restraining order on Glendale,
>      California resident Dennis Erlich, prohibiting him from 
>      illegal posting of copyrighted and trade secret religious
>      materials to the Internet computer system.
>

There was no finding that he did this.

>            The complaint was filed on February 8, 1995, by Bridge
>      Publications, Inc.  (BPI) -- the Church of Scientology's
>      publishing company -- and Religious Technology Center (RTC)
>      -- holder of the Dianetics and Scientology trademarks.  
>
>            District Judge Ronald M.  Whyte asked to be provided by
>      February 24th with additional details of Erlich's copyright
>      abuses and theft of trade secrets.  The TRO is held in place
>      until the Judge formulates an injunction based on the
>      specific information he has asked for.

I think this to be a huge smear. The judge made no findings of "copyright
abuses and theft of trade secrets". It's an ACCUSATION by the CoS. The
judge, after the CoS got the search order and raided his house, and thus
were presumably in posession of enough prima facie evidence to justify that,
asked in open court how much of the copyright material Dennis had quoted (in
one case it was one paragraph out of a book), in order to see if Dennis'
quotations were protected "fair use".\. The CoS attorneys were unable to
answer. I'm surprised and outraged at that, but the judge, being a judge,
gave them three days to answer. When they do and he sees what they have, I
predict he's going to lower the boom on them big time and send Ehrlich on
his way.

>            The Church is seeking a preliminary injunction against
>      Erlich which forbids him from making further unlawful
>      postings of religious materials onto the Internet until the
>      time of trial, violations of which will place him in contempt
>      of court.

I think a second smear. It hasn't yet been found that Erlich's posts were
unlawful. Note the clever use of "further" in furtherance of this smear.


>            According to the suit, Church lawyers made numerous
>      attempts to persuade Erlich to halt his unlawful
>      infringements.  Erlich refused to do so,

I believe this is a third HUGE smear. Dennis told the CoS if they could
demonstrate what materials were infinging of copyright, he'd not only
withdraw them but apologize publicly. The judge now has been told this in
open court.

>      then bragged on the
>      Internet that he would continue his illegal actions because
>      "[n]o local government or court in the U.S.  has the power to
>      tell me otherwise."

"bragged"?  I guess this was written for internal consumption by the true
believers. What's next--if and when they lose, a claim to the faithful that
the Judge was out to get the CoS, and part of some international conspiracy
against them?



>
>            Last week, police officers and Church lawyers executing
>      a federal court order entered Erlich's home and seized
>      computer disks and other materials which were evidence of the
>      violations.

Makes it sound as if the Feds were out to get Erlich. The court order was
sought and obtained by the CoS, not the Feds.

I think a fourth HUGE smear is above--"which were evidence of the
violations" is as yet unproven.

>            "We are very pleased that the judge has extended the
>      temporary restraining order against Erlich," said long-time
>      copyright attorney Tom Small.  "The laws of the land apply to
>      those who use the Internet.  This valuable resource should be
>      used for free discussion and information exchange, and not to
>      violate the rights of others."

As I read it, he gave the CoS three days to produce evidence, which I think
they should have had with them in court yesterday or included in moving
papers, that there has been any infringement at all. Then he'll rule. They
seem to be making this look like a victory. In fact, as I read it, instead
of throwing the thing out on the spot or finding there was a case to answer,
the judge asked them for evidence, they had none, and he gave them three
days to produce it. This is not an action against Ehrlich but the giving of
the CoS lawyers some more time before he lowers the boom. Since they had no
evideence in court to prove Erlich wasn't engaged in fair use, he could have
thrown the matter out on the spot and strongly sanctioned the search and
seizure.

>
>            Those who value the freedom of the Internet have
>      expressed increasing concern that violations of the law pose
>      a danger to all users of the net.  With the recent arrest of
>      computer hacker Kevin Mitnick, federal authorities have shown
>      increased willingness to crack down on crimes in cyberspace.
>      Mitnick, who had looted computer files on the Internet and
>      evaded capture for two years, was tracked down after FBI
>      agents enlisted the aid of San Diego computer security expert
>      Tsutomu Shimomura.
>

I think this to be pure bullshit. Mitnick cracked others' computers
illegally and abused the net, it's alleged. Erlich did nothing remotely
similar to cracking computers and stealing credit card numbers. In fact, if
anything is similar to some of what Mitnick did, it seems to me it is what
the CoS seems to me to have done in (as I read it they've admitted) what
seems to me to be cancelling the posts of others and attempting to remove a
Usenet newsgroup. Their acts MAY be violations of the Electronics
Communications Privacy Act--dunno. Talk about trying to hand-wave people's
attention in another direction.

>            The Church also stated that it will reapply for a
>      preliminary injunction against Erlich's gateways onto the
>      Internet: Tom Klemesrud, the systems operator of Erlich's
>      bulletin board service, and Netcom On-Line Communication
>      Services, which provides Internet access for the BBS.  "A
>      means of control should exist whereby access operators and
>      their organizations are held responsible for what is posted
>      on the Internet," said Church of Scientology lawyer Helena
>      Kobrin.

Translation: The judge refused to grant those injunctions, and the CoS is, I
believe, going to try to continue to use the legal system to harass
Klemesrud and Netcom. I think someone should immediately ask the judge for
an injunction against the CoS to prevent them from further harassment of
this kind, since the judge has ruled on that matter.

>            "The Internet is too valuable a resource for us to
>      allow criminality to flourish on it.  Individuals like Erlich
>      cannot be allowed to violate the law and threaten the freedom
>      of all lawful net users."
>

The Internet is too valuable a resource for us to allow criminality to
flourish on and off it, or even in downtown Memphis and eastern North
Dakota. Individuals like Fred Flintstone cannot be allowed to violate the
law and threaten the freedom of all lawful net users.

(Note that in the above parody I make no claim that they violated the law or
threatened anything. Just as they did, I say they can't be allowed to do it.
John Smith cannot be allowed to beat his wife, eh?)

David