From: nobody@replay.com (Name withheld on request)
Date: Wed, 4 Jan 95 08:00:03 PST
To: cypherpunks@toad.com
Subject: Warning letter from Co$. [any comments ?]
Message-ID: <199501041600.AA07488@xs1.xs4all.nl>
MIME-Version: 1.0
Content-Type: text/plain



                                               January 3, 1995


     TO: INTERNET REMAILER OPERATORS


     FROM:  THOMAS M. SMALL
            COUNSEL FOR RELIGIOUS TECHNOLOGY CENTER AND BRIDGE
            PUBLICATIONS, INC.

          I  represent  Religious Technology Center ("RTC"), which
     owns the unpublished, confidential Advanced Technology of the
     religion of Scientology, and holds exclusive rights under the
     copyrights applicable to the Advanced  Technology  materials.
     I  also  represent Bridge Publications, Inc., which holds the
     exclusive  right  to  print,   publish   and   sell   various
     non-confidential  works  by  the  founder  of the Scientology
     religion,  L.   Ron  Hubbard,  and  to   make   and   publish
     compilations and derivative works of and from those works and
     to enforce all rights in them.

          It  has  come  to  my  attention  that  there  are   two
     alternate  newsgroups  on  the  Internet to which individuals
     have  been  annonymously  posting  certain  of  my   clients'
     published  and  unpublished  copyrighted materials, including
     certain of the confidential  Advanced  Technology  materials.
     These  confidential  materials  being posted were stolen from
     my client.  There is reason to  believe  that  the  materials
     which  are  uploaded by these users may also be downloaded by
     other users, and  that  these  activities  may  be  occurring
     through  the  systems  which  are  linked  into the Internet.
     The two newsgroups  into  which  these  materials  are  being
     copied    are   alt.technology.clearing   and   alt.religion.
     Scientology.

          We  request your assistance in dealing with the problem.
     The spread of  infringements  and  misappropriations  by  the
     users  will be lessened if you lock out from your systems the
     two   newsgroups   involved,   alt.religion.scientology   and
     alt.technology.clearing, limiting the potential for reposting
     and downloading.  It will then be easier  to  deal  with  the
     intentional infringers through appropriate channels.

          Both  the  uploading  and downloading of these materials
     constitute  unauthorized  copying  and  distribution  of  the
     materials  in  violation  of our clients' rights under United
     States copyright laws and the law of other  countries,  where
     applicable.    Damages  and  an  injunction  against  further
     unauthorized copying and distribution may be obtained against
     infringers and, all unauthorized copies and all materials and
     equipment by which the unauthorized copies may be  reproduced
     can   be   impounded.    Unauthorized   disclosure   of   the
     confidential  Advanced  Technology  materials  also  violates
     applicable trade secrets laws.

          Action  is  being  taken directly with the systems users
     who we know are primarily responsible for these violations of
     my clients' rights.  We hope those actions will put an end to
     the infringements by  these  users.   We  do  {not}  wish  to
     involve  others in  litigation.  Unfortunately, however, such
     actions will  be  unavoidable  where  there  is  contributory
     infringement  by  those who knowingly induce or contribute to
     the infringing conduct of these users by providing facilities
     or systems that enable the  direct  infringers  to  infringe,
     because  we  legally  must  take  all  actions to protect our
     clients'  property   rights.    Courts   are   holding   such
     contributory  infringers  liable.   Two  examples  are:  Sega
     Enterprises Ltd.  v.  Maphia BBS, 30 U.S.P.Q.  2d 1921  (N.D.
     Cal.   1994) and Playboy Enterprises v.  Frena, 839 F.  Supp.
     1152 (M.D.  Fla.  1993).

          Recent   proposed   legislation   regarding    potential
     liability   of  systems  operators  and  others  who  provide
     facilities or services, such  as  annonymous  remailers,  for
     information  passing through their systems has understandably
     created concern  on  the  part  of  systems  operators  as  a
     potential  liability.   We  ask  your voluntary assistance in
     dealing with these known wilful infringers  so  that  we  can
     both  deal  with the problem without legal hassles, and legal
     liability can be confined to those who intend to  create  the
     situation.

          We  ask that you confirm that you have blocked access to
     these newsgroups through your remailer.  If you are unwilling
     to  do  so,  we  ask that you inform us as to the reasons for
     your position.

                                             Sincerely,



                                             Thomas M. Small