DMCA Takedown Notice, Scientology, and PacBell

It turns out I was given a DMCA Takedown Notice from the Church of Scientology for the Xenu.net web archive (notice that this is now a 404) I setup in December 2002…
When I originally contacted SBC I was told that they couldn’t reconnect my service until the “policy block” is removed. I was then given a number for policy and told to leave a message and that I would be called back within 24 hours…
Calling the number yielded a cryptic computer generated voice (which I couldn’t understand) and I was then dumped right into voicemail.
I later found out that this number had been disconnected. After talking to a number of supervisors I was able to have one admit that they were redirecting customers to a disconnected phone number! Other support department supervisors said they could not help me without approval from Policy and they were not willing to believe that the number was disconnected…
I finally received a call from a *memo* sent to the Policy department. It turns out I was given a DMCA Takedown Notice. This is about 80 hours after I first noticed my problem on Monday morning…
It turns out that Scientology (I assume using Google) found me through my blog where I linked to the wayback archive running on PeerFear .
Right now the content has been moved to a temp directory and is no longer hosted on the site. I am considering my options for restoring service including moving the content to a hosting provider in a country with less draconian Copyright laws.

Here is the full text of the article in case the link goes bad:
http://www.peerfear.org/rss/permalink/2003/02/04/1044497702-DMCA_Takedown_Notice_Scientology_and_PacBell.shtml
DMCA Takedown Notice, Scientology, and PacBell
Posted on 2003-02-04 15:22:05-08
Overview
Monday February 3rd I awoke to notice that my Internet connection from PacBell/SBC had been cut (pings to the default router would fail). For someone who essentially lives on the Internet this was *devastating*. (more on this later)
Of course these things happen from time to time so I assumed it was something to do with a cut fiber connection or technical interruption.
It turns out I was given a DMCA Takedown Notice from the Church of Scientology for the Xenu.net web archive (notice that this is now a 404) I setup in December 2002.
SBC provided me with 48 hours notice but only from an email account that wasn’t used. They did not try to contact me by phone or by mail. One would think that written notification would be provided but it turns out that the DMCA doesn’t require this. I should note here that I pay for a *business* account and I purchase their premimum DSL package ($180 a month) and I expect they would provide better service.
To make matters worse, SBC has no policy for resolving these types of issues and I have had to spend countless hours yelling at SBC technical support representatives to have my service restored. Guilty until proven innocent.
If anyone is interested I have a copy of the DMCA Takedown here .
Background
I originally became interested in setting up a distributed Xenu wayback mirror when the Internet Archive had to pull Xenu out of their Wayback Machine due to their Scientology takedown notice.
Here is my original post on the subject with a detailed link with my explanation of the situation.
It turns out that Scientology (I assume using Google) found me through my blog where I linked to the wayback archive running on PeerFear .
Right now the content has been moved to a temp directory and is no longer hosted on the site. I am considering my options for restoring service including moving the content to a hosting provider in a country with less draconian Copyright laws.
Dealing with SBC/PacBell
SBC has handled this in a completely unacceptable manner. No warning notice was provided. They did send an email to _REMOVED_@pacbell.net however this is an account that is not used (honestly how many people use their DSL provided email anyway). In fact I honestly had no idea that it existed until their Policy department informed of this. They have my cell phone, my land line, and my physical address in San Francisco yet they choose to use *none* of these to warn me prior to disconnecting my service.
Up until this point I have been a loyal SBC customer for greater than 2 years. I purchase their business grade account at $180 a month for 5 IPs, 384 up, and 6Mb down with an Acceptable Use Policy that allows for running servers (web, email, etc).
When I originally contacted SBC I was told that they couldn’t reconnect my service until the “policy block” is removed. I was then given a number for policy and told to leave a message and that I would be called back within 24 hours.
Right here is where things started to go wrong! 24 hours! I am a business customer and I have no reason why I should have been disconnected (at this point I didn’t know about the DMCA problem).
Calling the number yielded a cryptic computer generated voice (which I couldn’t understand) and I was then dumped right into voicemail.
I later found out that this number had been disconnected. After talking to a number of supervisors I was able to have one admit that they were redirecting customers to a disconnected phone number! Other support department supervisors said they could not help me without approval from Policy and they were not willing to believe that the number was disconnected.
I was then told by Technical Service Representatives that they are not allowed to directly call the Policy department. This is after about 36 hours … One would think that SBC would have some type of escalation procedure but there does not seem to be one in place.
Phone calls to countless supervisors and still no one could solve my problem.
I finally received a call from a *memo* sent to the Policy department. It turns out I was given a DMCA Takedown Notice. This is about 80 hours after I first noticed my problem on Monday morning.
I was then told by the Policy department supervisor that all my blocks had been removed. The only problem is I still have no Internet access. Another 6 hours on the phone with SBC and it turns out that they only removed 3/4th of my blocks. One more remained! The person in Policy decided she would go home for the evening instead of verifying I was restored service even *after* telling here I have been disconnected for 80 hours!
DMCA Takedown Notice
This entire mess was caused by a few images in a Xenu.net archive on my website. The CoS had no reason to come after me as all they would have to do is go after the upstream provider! Go after Xenu! They are the original infringers!
Of course Xenu.net is in another country which seems to explain why they came after me. I assume that they have tried this before but that there is no DMCA in the Netherlands to apply to Xenu.net.
Did SBC try to verify that these were copyrighted works? I still have to find out. I honestly highly doubt that they *are* copyrighted works. I imagine SBC just caved and didn’t even try to defend the rights of their customer (me).
Fallout and Lessons Learned
This has been very hard for me to deal with. Three days off the Internet is probably the longest time I have been disconnected in years. Even when I go on vacation I make sure that I have 802.11b (even if the AP is just connected to a modem) and that I only have to go a few hours without jacking in.
This hits me at an especially sensitive time as I am busy working on NewsMonster and getting it ready for a big release. For a while there I was making *great* progress! I might have been able to release it by now (I am still just a few days away) but being off the Internet for this long has caused me to loose a lot of work.
One major lesson here is that the DMCA is a double edged sword. If your ISP doesn’t know how to deal with it you are going to be seriously hurt (even if you are innocent or willing to accommodate). If I was running PeerFear on an enlightened provider they probably would have just called my cell and I would have deleted a few files. Life would have been fine and I would have released NewsMonster by now.
I am strongly considering moving away from SBC. Their handling of this matter has been terrible and I can’t afford to have this happen again.
I don’t know where I am going to go from here with regards to my Xenu wayback archive. It quickly becomes obvious that you can’t screw with the CoS. I might try to resolve this by putting the wayback archive online and if the CoS has a problem with coyprighted material they can keep giving SBC DMCA takedown notices until every image in the archive is blocked out.
I guess this would be an acceptable compromise if only 10% of the content is removed. I am also going to require that they backup their copyright claims for these images. I am going to look their email and if the claims are false I might consider putting them back up or taking more drastic (and legal) measures.
Print Article
Next: PeerFear offline since monday
Copyright 2001-2004 Kevin A. Burton ( burton@openprivacy.org )
http://www.peerfear.org/download/scientology-takedown.html
This is the DMCA Takedown Notice I received on February 4, 2003. The URLs contained may 404 as I have since removed the archive and am trying to find a solution to my new hosting problems. – Kevin A. Burton
Subject: RE: Notice of Copyright Infringement
Dear Mr. Epstein:
Our office represents Church of Scientology International (“CSI”) and Religious
Technology Center (“RTC”), non-profit religious corporations located in Los
Angeles, California, with respect to intellectual property matters. Our office
also represents the L. Ron Hubbard Library, the owner of the copyrights to
certain photographs and works of Mr. L. Ron Hubbard, the founder of the
Scientology religion, and we represent Bridge Publications, Inc. (“BPI”),
exclusive licensee of the copyrights to the published works of the Scientology
religion, which includes numerous books and tapes and tape transcripts. In
addition, we represent Church of Scientology Flag Service Organization (“FSO”),
which owns the rights in various magazines and photographs.
You are hereby on notice that one of your customers has placed literally
hundreds of pages of copyrighted works and trademarks that belong to our
clients, on your web site without our clients’ authorization. Thus, this
subscriber’s actions in this regard not only violate United States copyright
law, but SBC Internet Services’ own Terms of Service expressly prohibit such
conduct. Accordingly, we request that these infringements be removed
immediately.
Because of the sheer volume of the infringements that are on your customer’s web
page, we have broken them down into categories and numbered them as follows:
I. Identification And Location of Infringing Works (Photographs) Nos. 1 – 24
Description
URL
1. Untitled photograph of group by a helm
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/photoalbum/propaganda/12.jpg
2. Untitled photograph of a large group by a helm
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/photoalbum/propaganda/7a-1200.jpg
3. Photograph entitled “Captain David Miscavige”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/photoalbum/steering.jpg
4. Untitled photograph of a man in uniform
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/photoalbum/6a.jpg
5. Untitled photograph of a woman in uniform
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/photoalbum/6b.jpg
6. Untitled photograph of a man in uniform
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/photoalbum/6c.jpg
7. Untitled photograph of a ring
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/photoalbum/6d.jpg
8. Untitled photograph of a group of people by a table with one person leaning
forward
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/photoalbum/3.jpg
9. Untitled photograph of a man
receiving a medal
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/photoalbum/2b.jpg
10. Untitled photograph of a man with a medal
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/photoalbum/2a.jpg
11. Person in uniform on a podium lecturing with his hand out
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/photoalbum/propaganda/4.jpg
12. Untitled photograph displaying “International Headquarters”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/photoalbum/propaganda/2.jpg
13. Photograph of a crew with cameras
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/hubbandcw/a2.gif
14. Photograph of a group of uniformed people
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/photoalbum/b4.jpg
15. Photograph of a man’s face entitled Alain Kartuzinsky
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/photoalbum/b4-b.jpg
16. Photograph of a man in uniform
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/photoalbum/b3.jpg
17. Photograph of a man’s face entitled Richard Reiss
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/photoalbum/b3-b.jpg
18. Photograph of a group ofuniformed people with three females in the front row
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/photoalbum/b2.jpg
19. Small photograph of a group of uniformed people
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/events/lisa_mcpherson/clan1.jpg
20. Photograph of a group of uniformed people
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/photoalbum/b1.jpg
21. Photograph of a person at a podium under a seal
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/photoalbum/propaganda/6.jpg
22. Photograph of a person in uniform
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/photoalbum/propaganda/8.jpg
23. Photograph of three unformed people at a table
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/photoalbum/propaganda/10.jpg
24. Untitled photograph of woman handing over an award to another woman
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/photoalbum/5b.jpg
25. Photograph of a man in white with dark glasses, displaying “Hubbard &
Clearwater – the early years”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/hubbandcw/h_c.gif
II. Identification of Copyrights of The Photographs In 1 – 25 Above
The infringements set forth in Nos. 1 through 25 above are taken from various
publications, the copyrights of which belong to our clients. Below is a detailed
description of the publication in which each of the photographs is contained in
the same order as listed above.
Publication
Description Issue Date
Page
1.
Highwinds:
Magazine of the Sea Organization 19 199611
2.
Highwinds:
Magazine of the Sea Organization 19 199611
3.
Highwinds:
Magazine of the Sea Organization 19 199611
4.
Highwinds:
Magazine of the Sea Organization 19 199652
5.
Highwinds:
Magazine of the Sea Organization 19 199652
6.
Highwinds:
Magazine of the Sea Organization 19 199652
7.
Highwinds:
Magazine of the Sea Organization 19 199652
8.
Highwinds:
Magazine of the Sea Organization 19 199636
9. Impact: Magazine of the International
Association
of
Scientologists 39 1991 24
10. Impact: Magazine of the International
Association
of
Scientologists 39 1991 24
11. Impact: Magazine of the International
Association
of Scientologists 19 1988 42
12. KSW News
24 1988 2
13. L. Ron
Hubbard –
A Profile 1995 116
14.
Source: Magazine of the Flag Land Base 94 1994 18
15.
Source: Magazine of the Flag Land Base 94 1994 18
16.
Source: Magazine of the Flag Land Base 95 1995 16
17.
Source: Magazine of the Flag Land Base 95 1995 16
18.
Source: Magazine of the Flag Land Base 95 1995 2
19.
Source:
Magazine of the Flag Land Base 100 199641
20.
Source:
Magazine of the Flag Land Base 100 199641
21. Impact: Magazine of the International
Association
of
Scientologists 50 1993 33
22. KSW News
48 1996 2
23. KSW News
24 1988 3
24. Impact: Magazine of the International
Association
of
Scientologists 9 1986 32
25. L. Ron
Hubbard –
A Profile 1995 116
III. Identification of Infringing Works
(Documents)
Nos. 26 – 39
Description
URL
26. “Non-SO Members in SO Orgs”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/greece/seaorg3.gif
27. “Commordore’s Messengers”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/greece/cmo.gif
28. “The Sea Organization”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/greece/seaorg1.gif &
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/greece/seaorg2.gif
29. “Routine 3 Heaven”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/HCOB/FU-HCOB-630511.html
30. “Security Check Children”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/HCOB/FU-HCOB-610921.html
31. “HCO WW Security Forms”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/HCOB/FU-HCOB-610928.html
32. “Dead Agenting”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/enemy_names/dead_agenting.html
33. “Targets, Defense”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/enemy_names/targets.html
34. “Sec Check Whole Track”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/HCOB/FU-HCOB-610619.html
35. “The Scientology Emotional Tone Scale”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/tonelevel.html
36. “Routine 3N – Line Plots”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/HCOB/FU-HCOB-630714.html
37. “Computer Series 6 – INCOMM”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/greece/incomm1.gif
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/greece/incomm2.gif
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/greece/incomm3.gif
38. Materials Grade Chart
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/grade_chart.html
39. “Enemy Names”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/disk/enemy/index.htm
IV. Identification of Copyrights of The Text Documents
Nos. 26 – 39
Description
Registration Nbr
26. Flag Order 2772 “Non-SO Members in
SO Orgs”
TXu 374-312
27. Flag Order 3729 “Commodore’s
Messengers”
TXu 374-312
28. Flag Order 137 “The Sea Organization”
TXu 840-811
29. HCO Bulletin of May 11, 1963
“Routine 3 – Heaven”
A 640105
RE 561-335
30. HCO Bulletin of 21 September 1961
“Security Check Children”
TX 1-143-720
RE 438-055
31. HCO Bulletin of 28 September 1961
“HCO WW Security Forms”
A 785007
TX 2-478-862
32. HCO Policy Letter of 28 October 1968
“Press Releases”
HCO Policy Letter of 21 Nov. 1972
“How to Handle Black Propaganda”
HCO Policy Letter of 25 February 1966
“Attacks on Scientology”
TX 2-251-232; TX 2-478-866, A
592-037; TX 2-646-306
33. HCO Policy Letter of 16 February 1969
“Targets, Defense”
TXu 598-760
34. HCO Bulletin of 19 June 1961 “Sec
Check Whole Track”
TX 1-159-379
35. HCO Bulletin of 25 September
1971RB “Tone Scale in Full”
TX 2-617-669
36. HCO Bulletin of 14 July 1963
“Routine 3N – Line Plots”
TX 1-276-429
RE 561-211
37. HCO Policy Letter of 23 November
1985 “INCOMM”
TX 2-325-017
38. CSI is the owner of the copyright to the publication: “The
Bridge
of
Knowledge,” published in 1993, which contains the work “The
Dianetics
and
Scientology Materials Grade Chart.”
39. BPI is the owner of the copyright to the work HCO Policy
Letter of
16
February 1969 “Enemy Names.”
V. Identification of Infringing Works (Documents)
Nos. 40 – 56
Description
URL
40. “21 May 78 Telex to CO FSO”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/hubbandcw/11.gif
41. “9 September 76”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/hubbandcw/6b.gif
42. “29 September 78 Telex to CO FSO”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/hubbandcw/11b.gif
43. “CO CMO, INFO, Confidential”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/hubbandcw/12.gif
44. “R Advices for Division 2”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/hubbandcw/2.gif
44. “1 January 76”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/hubbandcw/3.gif
45. “3 January 76”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/hubbandcw/3b.gif
46. “10 January 76”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/hubbandcw/4.gif
47. “30 January 76”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/hubbandcw/5.gif
48. “6 September 76”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/hubbandcw/6.gif
49. “5 January 77 Despatch to Treas Sec”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/hubbandcw/7.gif
50. “14 March 77 Telex to A/CO FSO”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/hubbandcw/7b.gif
51. “15 March 77 Telex to FCCI PO”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/hubbandcw/8.gif
52. “16 March 77 Telex to ASRs and
Letter Reges”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/hubbandcw/8a.gif
53. “21 March 77 Telex to ASRs and
Letter Reges”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/hubbandcw/8b.gif
54. “23 May 77 Telex to CO FSO”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/hubbandcw/8c.gif
55. “26 February 78 Telex to CO FSO”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/hubbandcw/10.gif
56. “17 March 78 Telex to CO FSO”
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/hubbandcw/10b.gif
VI. Identification of Copyrights of The Text Documents
Nos. 40 – 56
Nos. 40 through 56 are unpublished copyrighted works telexes that were sent by
L. Ron Hubbard from 1976 through 1979 the copyrights of which belong to the
L. Ron Hubbard Library.
VII. Identification of Unpublished Confidential Works
RTC is also 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. RTC’s works include, among others,
the individual works comprising a level known as “OT III” and another such level
known as “NOTs”. These works are registered with the United States Copyright
Office under registration numbers: TXu 290-496 and TXu 257 326 and 257 527.
One of the OT III works has been placed on the web site
“www.peerfear.org/wayback/2002/12/17/www.xenu.net” in different formats and
languages on many separate locations, along with a substantial portion of one of
the NOTs works. These have been placed on SBC’s web site without the
authorization of our client under the following URLs:
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/OTIII-sc
hola
r/ot3-
data-1.gif
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/bork.htm
l
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/leaflet/
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/leaflet/
xenu
leaf.htm
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/leaflet/
xenu
-Letter.pdf
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/leaflet/
xenu
-A4.pdf
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/leaflet/
xenu
sw.htm
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/leaflet/
xenu
sw.doc
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/leaflet/
xenu
nl.htm
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/leaflet/
xenu
nl.doc
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/leaflet/
xenu
fr.htm
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/leaflet/
xenu
fr.doc
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/leaflet/
xenu
fi.htm
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/leaflet/
xenu
fi.doc
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/leaflet/
xenu
no.htm
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/leaflet/
xenu
no.doc
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/leaflet/
xenu
sp.htm
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/leaflet/
xenu
sp.doc
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/leaflet/
xenu
it.htm
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/leaflet/
xenu
it.doc
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/leaflet/
xenu
ge.htm
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/leaflet/
xenu
ge.doc
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/leaflet/
xenu
af.htm
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/leaflet/
xenu
af.doc
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/leaflet/
xenu
po.doc
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/leaflet/
xenu
ru-w.htm
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/leaflet/
xenu
ru-k.htm
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Our clients have obtained numerous permanent injunctions concerning
Internet
infringements of this and similar works. For instance, in RTC v.
Lerma,
Case No. Civil
Action No. 95-1107-A, the court ruled in favor of RTC, permanently
enjoining
the defendant
infringer from posting, on the Internet, the same OT III work that is
the
subject of this notice
here. In May 1998, a jury in the United States District Court in San
Jose,
California assessed
damages in the amount of $75,000 against a Mr. Henson for copyright
infringement, for
posting one of RTC’s Advanced Technology works on the Internet. Mr.
Henson
was also
permanently enjoined by the court against further infringements.
VIII. Unauthorized Use Of Federally Registered Trademarks
RTC is also the owner of the trademarks and service marks of the
Scientology
religion. RTC’s federally registered trademarks have also been placed
on
the
“www.peerfear.org/wayback/2002/12/17/www.xenu.net” web site, without
RTC’s
authorization as follows:
1. L. Ron Hubbard Signature which is registered with the United States Patent
and Trademark Office under registration number 1,821,751
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/ot/ot.gif
2. Scientology Cross which is registered with the United States Patent and
Trademark Office under registration numbers 1,012,452; 1,302,525 and 1,325,117.
http://www.peerfear.org/wayback/2002/12/17/www.xenu.net/archive/techniques/cross.jpg
3. Sea Org symbol which is registered with the United States Patent and
Trademark Office under registration numbers 1,334,758; 1,326,867; 0,877,948;
1,317,343; as well as the Sea Horse symbol which is a trademark owned by RTC.
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Your subscriber’s unauthorized use of RTC’s trademarks creates a likelihood of
confusion as to source or sponsorship of this web page in violation of United
States state and federal law, including the Lanham Act, 15 U.S.C. section 1015
et seq., in addition to violating international intellectual property laws.
These federally registered trademarks, are unique, distinctive and famous. Your
subscriber’s use of these marks dilutes and tarnishes the distinctiveness of the
marks by improper negative associations inconsistent with the positive and
spiritual accomplishments and humanitarian efforts of the Scientology religion
in violation of the federal trademark antidilution statute, 15 U.S.C. 1125(c)
and California’s antidilution statute. See, Archdiocese of St. Louis v. Internet
Entertainment Group, Inc., 34 F. Supp.2d 1145 (E.D. Mo. 1999); Mattel,
Inc. v. Internet Dimensions, Inc., 55 U.S.P.Q.2d 1620 (S.D.N.Y.2000); Deere &
Co. v. MTD Products, Inc., 41 F.3d 39, 43 (2nd Cir. 1994).
Additionally, these same infringements have been removed immediately upon notice
by a number of internet service providers, including UUNet, Alta Vista and Sage
Networks.
IX. Conclusion
Based upon the foregoing we request that these infringements be removed
immediately.
We appreciate your prompt attention to this matter.
I have a good faith belief, and in fact know for certain, that the posting of
these works by your subscriber on his web page was not authorized by my clients,
any agent of my clients, or the law.
I declare under penalty of perjury that this information is accurate and that I
am authorized to act on behalf of RTC, BPI, the L. Ron Hubbard Library, FSO and
CSI in this matter.
Sincerely,
Ava Paquette
Moxon & Kobrin
3055 Wilshire Boulevard
Suite 900
Los Angeles, California 90010
Tel: (213) 487-4468
Fax: (213) 487-5385