Received: from netcom16.netcom.com (hkk@netcom16.netcom.com [192.100.81.129]) by imaginet.fr (8.7.5/8.7.31) with SMTP id AAA00250 forDear Mr. Tingleff:; Tue, 23 Sep 1997 00:29:52 +0200 (METDST) Received: (from hkk@localhost) by netcom16.netcom.com (8.6.13/Netcom) id PAA15328; Mon, 22 Sep 1997 15:29:24 -0700 Date: Mon, 22 Sep 1997 15:29:23 -0700 (PDT) From: Helena Kobrin Subject: Your Unauthorized Use of Copyrighted Materials To: jensting@imaginet.fr Message-ID: MIME-Version: 1.0 Content-Type: TEXT/PLAIN; charset=US-ASCII X-UIDL: 61301a274196105e8fa153ebdd14249c
I represent 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 The Advanced Technology materials are confidential, unpublished, copyrighted works, which include, among others: (1) the confidential and unpublished tape-recorded lecture by Mr. L. Ron Hubbard entitled "Assists" and (2) the individual works comprising a level known as "OT III". These works are registered with the United States Copyright Office under registration numbers TXu 593-514 and TXu 290-496, respectively.
I have been informed that you have placed certain "OT III" works on your home page and advertised that they can be downloaded and then disseminated to others in the form of a flyer, all without the authorization of my client. These works can be accessed at the following URLs:
http://www.imaginet.fr/~jensting/muslinger/Coltice/Xemu/W6UK.zip
http://www.imaginet.fr/~jensting/muslinger/Coltice/Xemu/W6US.zip
http://www.imaginet.fr/~jensting/muslinger/Coltice/Xemx/W6UK.zip
http://www.imaginet.fr/~jentsing/muslinger/Coltice/Xemx/W6US.zip
[One notes that these URLS are actually incorrect. I wonder if the occurence of "Xemu" had anything to do with that....]
I have also been informed that you have placed the "Assists" tape-recorded copyrighted work on your home page using audio sound, without the authorization of my client. This work can be found at the following URL:
http://www.imaginet.fr/~jensting/muslinger/Coltice/Nochrist.ra
By placing my client's copyrighted works on your web page and also inciting others to disseminate the OT III works as a flyer, you are committing copyright infringement in violation of the copyright laws of France and the United States. You must remove these works immediately.
We are currently involved in litigation over the same and similar materials in several lawsuits. Preliminary injunctions based on copyright infringement are in place in two of those suits in favor of RTC in the United States District Court in San Jose, California, and a judgment of copyright infringement and a permanent injunction have been entered in another suit in that Court. Additionally, a United States District Court in the state of Virginia has granted judgment for damages, costs, and a permanent injunction in favor of RTC, related to copyright infringement of the same and similar works.
In a lawsuit brought in Holland against an individual for placing the same and similar works on the Internet, the Dutch court has recognized that such materials are copyrighted, and the defendants in the Dutch case removed their postings of the copyrighted materials in that case. In Sweden, an individual was sued for infringement of the same and similar materials which he had placed upon the Internet and in that case, the court issued an injunction prohibiting him from engaging in such illegal activities.
We are not seeking to become involved in litigation, but we will take all necessary measures to protect my client's intellectual property rights. Please confirm that you have removed the copyrighted material as requested above.
Sincerely,
Helena Kobrin