From: milne@crl.com (Andrew Milne) Newsgroups: alt.religion.scientology Subject: Re: CHURCH GRANTED TRO AGAINST WARD Date: 22 Mar 1996 10:16:59 -0800 Message-ID: <4iuqqr$37b@crl13.crl.com> March 22,1996 FOR IMMEDIATE RELEASE For further information contact: Leisa Goodman Tel: (213)960-3500 (408)441-6661 Pager: 1-800-413-0619 e-mail: LeisaGN@AOL.com SAN JOSE, CALIFORNIA - Today, Religious Technology Center (RTC), holders of copyrighted works of the Scientology religion, were granted a Temporary Restraining Order (TRO) by U.S. District Court Judge Ronald M. Whyte, enjoining Grady Ward of Arcata, California, and anyone acting in concert with him from infringing on the Church's copyrights on the Internet. In its lawsuit, the Church charges that Ward, a software developer, has engaged in a continuing scheme of infringing its copyrights and misappropriating its trade secrets. Substantial evidence submitted by the Church convinced Judge Whyte that it will likely succeed on the merits of its case. Defendants in a similar lawsuit, brought in February 1995 in the same court, have been ordered to trial by Judge Whyte after he issued a preliminary injunction in September last year. That case dealt with issues on the cutting edge of intellectual property law and received nation-wide attention. It held that Internet access provider Netcom, Inc., could be held liable for "contributory infringement" because it refused to prevent copyright violations perpetuated through its system after the illegal acts had been made known to company management. In January 1996, the Church won a copyright lawsuit in Federal Court in Virginia which found an Arlington resident guilty of violating the Church's copyrights on the Internet. According to this latest lawsuit, RTC repeatedly demanded that Ward cease and desist from violating its rights but he continued to post copyrighted material on the Internet in defiance of the law. In its complaint the Church also alerted the judge to the fact that Ward indicated in recent Internet postings that "he is now threatening, and poised to engage in massive violation of plaintiff's proprietary rights." The nature of these protected, confidential Church materials is explained in a declaration by RTC's president which was filed in support of the lawsuit. They form a small but important part of the voluminous scriptures of the Scientology religion and are kept confidential by the Church as a matter of doctrine based on the belief that Church parishioners must advance in an orderly progression in their quest for spiritual awareness and religious understanding. The president of RTC, Warren McShane, stated, "This is an important decision because it benefits all Internet users, and it protects our confidential religious scriptures. RTC will continue to fight to protect the Internet against those who think they are above the law." Judge Whyte's order restrains not only Grady Ward but "all persons in active concert or participation" with him, including "Scamizdat." This is a pseudonym the Church charges is used to violate its copyrights anonymously. "Scamizdat" postings on the Internet occur through so-called "remailers" who remove any means of identification from the computer posting before it appears on people's computer screens. The Church claims that it documented Ward's ability to "predict" illegal "Scamizdat" postings on the Internet and therefore accuses him of using "Scamizdat" as a stalking horse to effectively destroy those rights. Leisa Goodman, a spokeswoman for the International Church said, "The Internet is a great medium for free expression and interchange of ideas. But it will only work to the degree its users follow the law. The cyber-anarchy promoted by Mr. Ward and his ilk keeps the truly creative people away from the 'Net. It is the childish egotism and disregard of others' rights by people like Ward that blackens the Internet's image. Ward and his cronies know they're breaking the law. Why else would anyone hide behind a 'Scamizdat' or another form of anonymity?" Helena Kobrin, one of the lawyers who filed today's lawsuit, explained further: "It is important that freedom of speech is preserved. Cyber-anarchists like Ward will not admit their guilt but hide behind a smoke screen of free speech. The fact remains, he violated the law. As long as Ward limited himself to critical comments, no matter how vulgar, venomous or unfounded they were, we took no action. It was only his defiance of copyright law that left us with no choice but to sue him." Tom Hogan, a San Jose attorney representing the Church, said, "The scope and breadth of this order is of enormous significance in the protection of copyright." Last week, the Church launched its own 30,000-page web site on the Internet. According to Goodman, "It was created so people can find out for themselves what Scientology is all about and form their own educated opinion." The Church's web site is available in five languages (English, French, German, Spanish and Italian), has over 3,000 specially designed graphics, virtual reality tours of Scientology churches in Los Angeles, England, Florida and DC, as well as Hollywood's L. Ron Hubbard Life Exhibition. Its Internet address is http://www.scientology.org. -30-