On August 21, 1995, the Religious Technology Center, an affiliate of the Church of Scientology, obtained an ex parte seizure order and temporary restraining order from the Federal District Court in Colorado against F.A.C.T.Net, Lawrence Wollersheim, and Robert Penny based on alleged copyright infringement and trade secret misappropriation.

On September 12, after a three-day hearing with numerous witnesses, Judge John L. Kane issued a bench ruling denying the RTC a preliminary injunction and ordering an immediate return of all seized computers and materials.

On September 15, Judge Kane issued his formal Memorandum Opinion and Order finding, among other things, that the defendants would likely be able to prove that posting of Scientology materials on the Internet was fair use.

The RTC's emergency appeals to the 10th Circuit and Justice Breyer for a stay of Judge Kane's order have been denied. As of Friday, September 22, the RTC was again seeking a stay from another Justice of the Supreme Court.

The defendants are represented by Thomas Kelley and Natalie Hanlon-Leh in Faegre & Benson's Denver office and Ken Liebman in Faegre & Benson's Minneapolis office.

Copyright © 1995, 1996 Faegre & Benson Professional Limited Liability Partnership
No claim is made to original U.S. government works including the text of Judge Kane's decision.