Subject: Grady Ward Filing From: bill@rmp.com (Bill Hudson) Date: 1996/07/03 Message-Id: <4reono$kjv@twizzler.callamer.com> This is a copy of a filing made by Grady Ward Thanks to HKHenson for sending this to me. I've reformatted some of the text that didn't scan too well, but made no other changes. =========================================================================== A brief I am filing today detailing how widespread the propagation of RTC ideas is on the internet. --=====================_836437229==_ Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable UNITED STATES DISTRICT COURT ) NORTHERN DISTRICT OF CALIFORNIA ) ) RELIGIOUS TECHNOLOGY CENTER, a ) California non-profit corporation, ) Plaintiff, ) No. C 96-20207 RMW (EAI) vs. ) GRADY WARD, an individual, ) Defendant ) ) ) Declaration of Grady Ward with respect to the propagation and general availability of Scientology "Advanced Technology" documents. In the related case of C 95-20091 RMW I understand the court is considering a brief and survey arguing that RTC's so-called "Advanced Technology" documents that are the subject of both that litigation and my litigation C 96-20207 inter alia has only been "briefly" exposed on the internet. Despite that characterization by the plaintiff RTC, those documents have been continuously available over the internet since their initial releases in August 1, 1995 and May 6, 1996 respectively for the "Fishman Affidavit" containing OTI-VIII and the NOTs series. These documents were not hidden and could be found by any individual using the commonly available search engines freely accessible over the web. In fact after describing to counsel for plaintiff Helena Kobrin the fundamentals of web search engines such as those freely available at http://www.search.com/ I averred during my second accelerated deposition on June 27, 1996 that anyone would find these materials within thirty minutes or so. Surely enough, following my deposition, on Saturday, June 29, 1996, an internet user in Germany, Bruce Scott (Exhibit A) was in fact sent a cease and desist e-mail from counsel Kobrin for plaintiff. Exhibit A also contains his response. To this day the so-called SCAMIZDAT has been generally known, continuously and publicly available through internet-wide search and retrieval services. Exhibit B contains a posting describing how simple it is to access this material. Moreover, according to the testimony of Keith Henson in a related litigation, the "Fishman Affidavit" containing the OTI-VIII documents have been in fact disseminated from an internet site theta.com whose owner, David Elrod, was reported to have permission to post Scientology and Dianetics related materials. (Exhibit C.) Further, while I do not doubt that individuals such as myself would not easily remember sequences of instructions, ideations and manipulations that are the matter of the "trade secrets" claimed by the plaintiff in those materials, I also have no doubt that such materials are more attentively considered and generally known by individuals and groups interested in or seeking to compete with RTC, just as a trade-secret formula for a soft drink or wafer fabrication process would be more interesting and memorable to a person interested in or trained in related technologies. The ease that the new technologies can disseminate ideas world-wide is startling and perhaps without precedent in spite of, for example, the attempts by RTC to limit and control its dissemination it its ideas through elaborate and expensive security precautions. Certainly the owner of an elaborate and expensive suit of armor probably felt the same way when the first firearm was invented that, even if wielded by a ten-year-old, could make even its carefully wrought protection instantly obsolete. It is for others to decide whether it is fair that RTC's claimed intellectual property is broadcast in this way and perhaps for legislatures to decide what to do to promote just protection or compensation for intellectual materials, but it remains that these materials are in fact generally known and available world-wide. I also doubt that the efforts of RTC to send cease-and-desist letters will stanch the propagation of their documents effectively since every time their material is posted or discovered on the web hundreds if not thousands of individuals world-wide have the opportunity to archive and re-post the materials. It is as if the internet were a fissioning material that emitted a thousand neutrons whenever a nucleus were impinged by a single one. There is no known substance or method that can "dampen" this kind of high-degree polynomial chain-reaction of information over the internet. Under the penalty of perjury the above facts based upon information and belief are true and correct to the best of my knowledge. Date ____________________________ ________________________________ Grady Ward, in pro per Exhibit A. NOTs being continuously and freely available over the internet Date: Sat, 29 Jun 1996 23:59:35 +0200 From: Bruce Scott TOK Hi All, I got this from HKK today (after the .sig). I had left NOTs around, readable but not/never pointed to, in the directory by web site is in, and they must have found it with a search engine (be warned). Since this institute is very skittish about legal matters, I've taken the whole page down for the time being anyway. I may or may not re-erect it in a few weeks, but the internal writing has been on the wall for many months -- it is so bad that I may even have to remove my physics pages from the IPP as they are "private content". I am going to talk to our web maintainer Monday, but this may be down for good. [remainder of letter deleted] -- Mach's gut! Bruce Scott The deadliest bullshit is bds@ipp-garching.mpg.de odorless and transparent Max-Planck-Institut fuer Plasmaphysik -- W Gibson |> From: Helena Kobrin |> Subject: Unauthorized use of copyrighted material |> To: bds@ipp-garching.mpg.de |> cc: desinger@rzg.mpg.de, webmaster@rzg.mpg.de |> MIME-Version: 1.0 |> Content-Type: TEXT/PLAIN; charset="US-ASCII" |> Content-Length: 2606 |> |> |> Dear Dr. Scott, |> |> I represent Religious Technology Center ("RTC"), the owner |> of the confidential Advanced Technology of the religion of |> Scientology, and the holder of exclusive rights under the |> copyrights applicable to the Advanced Technology materials. The |> Advanced Technology materials are confidential, unpublished, |> copyrighted works. They include, among others, the individual |> works comprising the levels known as "OT I," "OT II," "OT III," |> "NOTs" (NED for OTs), "Power," "Clearing Course," and "Class |> VIII." |> |> It has come to the attention of my client that you have some |> of these copyrighted, unpublished works on a site at |> http://www.rzg.mpg.de/~dbs/COS/Scamizdat/N1.html. Your placement |> of these materials on this site has been made without the |> authorization of my client and constitutes copyright |> infringement. |> |> The copyright registrations applicable to the works are: TXu |> 303 382, TXu 303 388, TXu 292 496, TXu 257 326 and 257 527, TXu |> 593 514, TXu 303 386, TXu 303 383, and TXu 690 894. |> |> I also represent New Era Publications, holder of exclusive |> rights under the copyrights in certain published works of the |> Scientology religion, covered by various copyright registrations. |> You have also placed some of the published works in which New Era |> holds the rights on this site without authorization, thereby |> constituting copyright infringement. |> |> You should be informed that we are currently involved in |> litigation in both the United States and Holland over some of the |> identical materials in various lawsuits. Preliminary injunctions |> based on a finding of copyright infringement are in place in |> three of those suits in the United States District Court in San |> Jose, California. And on January 19, 1996, a United States |> District Court in the state of Virginia granted summary judgment |> in favor of my client, finding that the posting of these works to |> the Internet constituted copyright infringement. |> |> The defendants in the Dutch case have also admitted that |> their postings of some of these works are infringing and taken |> them down. |> |> We therefore demand that you remove these works from your |> site immediately. We are not seeking to become involved in |> litigation, but will take all necessary measures to protect these |> proprietary materials. |> |> Please advise as soon as you receive this e-mail what |> actions you will take. I must urge you that speed in dealing |> with this situation is critical in light of the fact that |> unpublished materials are involved. |> |> Sincerely, |> Helena K. Kobrin Exhibit B. SCAMIZDAT being continuously and freely available over the internet Date sent: Fri, 21 Jun 1996 10:09:52 -0700 (PDT) From: Helena Kobrin Subject: Unauthorized use of copyrighted materials To: dcleek@pharos.uwc.edu Copies to: esmith@uwc.edu Dear Mr. Cleek: As you are aware, based on your role as an expert witness for the defendants in the two cases discussed below, I represent Religious Technology Center ("RTC"), the owner of the confidential Advanced Technology of the religion of Scientology, and the holder of exclusive rights under the copyrights applicable to the Advanced Technology materials. As you are also aware, the Advanced Technology materials are confidential, unpublished, copyrighted works, and include, among others, the individual works comprising the levels known as "OT II," "OT III," "NOTs," Class VIII," "Power," and the "Clearing Course." The copyright registrations applicable to these works are TXu 593 514, TXu 303 386, TXu 303 383, TXu 303 388, TXu 290 496, TXu 257 326, and TXu 257 527. Your recent creation of a web page containing unauthorized copies of entire works included within some of these series (http://pharos.uwc.edu/courses/cps291/scam8.html) constitutes copyright infringement. Given your role as an expert witness in Religious Technology Center v. F.A.C.T.Net, Inc., Civil Action No. 95-B-2143, District of Colorado, and Religious Technology Center v. Lerma, Civil Action No. 95-1107-A, Eastern District of Virginia, both of which involved some of these very works and which resulted in Court Orders prohibiting the defendants from copying or distributing the copyrighted works at issue in those cases, your acts are brazen and constitute willful copyright infringement. (While you undoubtedly have copies of those orders, I am also sending you this letter by United States mail and am including copies of the orders with the letter. I refer you to page 18 of the FACTNET order and to page 2 of the Lerma order. In addition, you are most certainly aware that on January 19, 1996, Judge Brinkema in the Lerma case granted the motion for summary judgment as to copyright infringement for Mr. Lerma's posting to the Internet of certain of these works.) We demand that you remove these materials from your web page with no delay and that you confirm in writing that you have done so. It is self-evident that any continued infringement by you would not be well received by a Court, particularly in view of your involvement in the above-mentioned cases. This letter is sent without prejudice to our rights or remedies, including, without limitation, the right to take action against you, with or without further notice. Very truly yours, Helena K. Kobrin HKK:aeu Enclosure (with hard copy only) cc: Thomas Kelley, Esq. Jeff Reiman, Esq. Jeffrey Chase, Esq. Todd Blakely, Esq. William M. Hart, Esq. Roger M. Milgrim, Esq. E. Smith (University of Wisconsin) (via e-mail) Path: shell.portal.com!svc.portal.com!sdd.hp.com!gatech!arclight.uoregon.edu!news..uoregon..edu!vixen..cso..uiuc..edu! uwm..edu!usenet From: Dick Cleek Newsgroups: alt.religion.scientology Subject: Re: I receive a message from Ms. Kobrin Date: Fri, 21 Jun 1996 14:20:12 -0700 Organization: University of Wisconsin Centers Lines: 78 Message-ID: <31CB120C.31E@pharos.uwc.edu> References: <31CB113A.1172@pharos.uwc.edu> NNTP-Posting-Host: 143.235.54.98 Mime-Version: 1.0 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: 8bit X-Mailer: Mozilla 3.0b4Gold (Win16; I) Here's my reply: Ms.Kobrin: I have received your email of Friday, June 21 entitled "Unauthorized use of copyrighted materials". You say, "Your recent creation of a web page containing unauthorized copies of entire works included within some of these series (http://pharos.uwc.edu/courses/cps291/scam8.html) constitutes copyright infringement." This reference is neither a web page nor is it recent. "scam8.html" is a file which resides in a directory called 'cps291', which is a subdirectory of a directory called 'courses' on a machine called pharos.uwc.edu. It is a file which I downloaded last fall (1995) as a live demonstration to my cps291 "Surfing the Net" course. It was a demonstration of the power of search engines to find material on the net. Your technical people can no doubt point out to you that they found no links to this file on web pages anywhere on the net other than the link produced by the search engine itself. Which brings us to the question of how this file came to your attention. Your technical people were apparently using a search engine to search for scamizdat material. I suspect they were probably using Altavista or Lycos which search directory structures as well as web links. I didn't realize this either until I received your letter and tried to figure out how you located this long-forgotten file. You go on to say, "...your acts are brazen and constitute willful copyright infringement". That's just not true. If I'm guilty of anything it is simply forgetting to erase a file when I was done with it. I would be guilty of being a poor teacher if I didn't show my students what is possible on the net and what kinds of material, no matter how bizarre, are found on the net. I would be guilty of being a poor teacher if I didn't introduce my students to the social issues confronting the net, including your church's unprecedented, unethical and probably illegal attacks on the net and the net's responses to those attacks. I would be guilty of being a poor teacher if I did not inoculate my students against your dangerous cult, that inoculation simply being exposure to the truth of your own documents. You say, "we demand that you remove these materials from your web page with no delay and that you confirm in writing that you have done so." It is not a web page. It is a file. I've erased the file. This email will be your confirmation. I'm sure your technical people can check it out for you if you need reassurance. Be aware that sometime during the next Fall semester I will be demonstrating search engines again and that I intend to search for either scamizdat or NOTS material. Of course, I'll erase those files when I've finished. Finally, you say something about "the right to take action against" me "with or without further notice". You'll recall that I chastised you during my testimony before Judge Kane for misrepresenting the copyright statutes in your letter to me of last July. I'm sure you remember the part about the nature of "unpublished materials". Let me remind you ofSection 107 of the copyright code: Sec. 107. Limitations on exclusive rights: fair use Notwithstanding the provisions of sections 106 and 106A Sec. 17 USCS Sec. 106,106A] the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, TEACHING (INCLUDING MULTIPLE COPIES FOR CLASSROOM USE), SCHOLARSHIP, OR RESEARCH, IS NOT AN INFRINGEMENT OF COPYRIGHT. I added the ALL CAPS. While I have your attention I have some questions. Why have you never apologized for your rmgroup attempt on alt.religion.scientology? Why have you not condemned the forged cancellations of postings to a.r.s.? Why have you not condemned the recent spam attack which flooded a.r.s. with over 20,000 postings? The acts were committed either by your church or in its name. Your failure to speak out on these issues, while being so vocal on others puts the lie to your words. _____________ Dick Cleek Professor of Geography/Computer Science University of Wisconsin Centers Exhibit C. "Fishman Affidavit" freely available from site claimed to be RTC-sanctioned (from the deposition of Keith Henson) 0162 01 Q -- "defendant found that defendant does have 02 what might be a compressed copy of some or all of 03 SKAMIZDAT postings which defendant downloaded from a 04 Scientology-associated ftp site, theta.com, to 05 defendant's ftp directory in October 1995." 06 A That's the date that's on the file. 07 Q Right. What is theta.com? 08 A I don't really know except that it's a 09 Scientology-associated site. 10 Q What do you mean by Scientology associated? 11 A It's got all sorts of L. Ron Hubbard works on 12 it. Before they put up their own site, it was the 13 only place on the net that had any Scientology stuff 14 that seemed to be, if not official, at least 15 semi-official. 16 Q Are you suggesting that this is a site which the 17 church created? 18 A Well, it certainly -- if it wasn't created by 19 them, it was certainly run with their -- with their 20 approval. 21 Q And on what basis -- 22 A At least that's my assumption. 23 Q Why do you assume that? 24 A Well, actually, I might be wrong. I will have 25 to find out who runs theta.com and depose them and 26 find that out, but you have a point, I might be wrong. 0163 01 Q You said you found SCAMIZDAT postings at 02 theta.com? 03 A Yes. 04 Q Why would the church be supporting an ftp site 05 with SCAMIZDAT postings on it? 06 A I don't know. 07 Q In any event, you downloaded SCAMIZDAT postings 08 from this ftp site; is that right? 09 A That's correct. 10 Q And you did that in October of 1995? 11 A Uh-huh. 12 Q Which SCAMIZDAT postings did you download? 13 A Beats me. Never looked at them. 14 Q Why did you download them? 15 A I thought it was really funny to do it from a 16 church site. 17 Q Who would have been able to laugh with you other 18 than yourself? 19 A Oh, all the rest of the people on a.r.s. that 20 are the critics. 21 Q How would they have known that you downloaded it 22 to your own site? 23 A I posted extensively on having done it. I 24 twitted the church unmercifully about that for weeks 25 and they never responded. (log of David Elrod's site containing Fishman Affidavit as well as other material from the COS used with permission) jobe% ncftp ftp.theta.com Welcome to Theta.Com Guest login ok, access restrictions apply. Logged into apollo.theta.com. NcFTP 1.6.1 (November 5, 1993) by Mike Gleason, NCEMRSoft. Tip: pseudo-filename-completion is supported in some commands. To use it, use a wildcard expression that will match exactly one file. I.e., if you want to fetch obnoxiouslylongfilename.zip, try 'get obn*.zip.' Note that you can't use the cd command with this feature (yet). apollo.theta.com:/ ncftp>pwd 257 "/" is current directory. apollo.theta.com:/ ncftp>cd /pub apollo.theta.com:/pub ncftp>ls freedom_mag/ net/ trfn/ apollo.theta.com:/pub ncftp>cd freedom_mag apollo.theta.com:/pub/freedom_mag ncftp>ls can_issue/ apollo.theta.com:/pub/freedom_mag ncftp>cd can_issue apollo.theta.com:/pub/freedom_mag/can_issue ncftp>ls can_expers_debunked gallery_of_criminals can_president_exposed harvets_of_hate cynthia_kisser jonestone_the_big_lie deprogrammer_urges_perjury newsrc fanning_the_fires_at_waco to_bigotry_no_sanction father_of_deprogramming wellspring financial_fraud_exposed what_to_do_about fishman.htm apollo.theta.com:/pub/freedom_mag/can_issue ncftp>ls -l total 34 -rw-r--r-- 1 ftp 20 18666 Feb 27 1995 can_expers_debunked -rw-r--r-- 1 ftp 20 4360 Feb 27 1995 can_president_exposed -rw-r--r-- 1 ftp 20 18884 Feb 27 1995 cynthia_kisser -rw-r--r-- 1 ftp 20 7082 Feb 27 1995 deprogrammer_urges_perjury -rw-r--r-- 1 ftp 20 20662 Feb 27 1995 fanning_the_fires_at_waco -rw-r--r-- 1 ftp 20 6417 Feb 27 1995 father_of_deprogramming -rw-r--r- 1 ftp 20 11139 Feb 27 1995 financial_fraud_exposed -rw-rw--- 1 ftp bin 174433 Oct 5 05:18 fishman.htm -rw-r--r-- 1 ftp 20 5372 Feb 27 1995 gallery_of_criminals -rw-r--r-- 1 ftp 20 19021 Feb 27 1995 harvets_of_hate -rw-r--r-- 1 ftp 20 20739 Feb 27 1995 jonestone_the_big_lie -rw-rw-r-- 1 ftp bin 86 Aug 12 22:35 newsrc -rw-r--r-- 1 ftp 20 8297 Feb 27 1995 to_bigotry_no_sanction -rw-r--r-- 1 ftp 20 7970 Feb 27 1995 wellspring -rw-r--r-- 1 ftp 20 9898 Feb 27 1995 what_to_do_about apollo.theta.com:/pub/freedom_mag/can_issue ncftp>g fishman.htm Receiving file: fishman.htm 100% 0 174433 bytes. fishman.htm: 174433 bytes received in 41.34 seconds, 4.12 K/s. apollo.theta.com:/pub/freedom_mag/can_issue ncftp>quit jobe% 18 Declaration of Grady Ward with respect to the propagation and general availability of Scientology "Advanced Technology" documents. No. C 96-20207 --=====================_836437229==_ Content-Type: text/plain; charset="us-ascii" Grady Ward | | | 34877c8566839cb7 | grady@northcoast.com | aeab8ec5e5ee97fe | --=====================_836437229==_-- =========================================================================== -- Bill Hudson Systems Administrator; Robert Mann Packaging, Gilroy CA Tel: 408/848-5440 Fax: 408/848-5448 E-Mail: bill@rmp.com URL: http://www.rmp.com