Joe Zippo responds to Helena Kobrin
Subject: We no longer carry news for this group
Date: 10 May 1996 12:00:04 -0700
From: joe@zippo.com (Joe)
Newsgroups: alt.religion.scientology
Apparently, the Church of Scientology would like this group to exist for
their benefit, but not exist when they do not like the content of posts. As
we do not carry news groups for the commercial benefit of organizations, we
have stopped accepting posts to this group.
We received several, which I assume were suppose to be threatening, phone
calls today from Darlene Bright at 408-441-6661 and someone named Helena
Korbin at 213-960-1933. The substance of the phone call is covered in Helena
Korbin's e-mail message included in this post. I assume we are all suppose
to know who these people are, however, as this news group represents 1 in
17,500 news groups on our service, and the posts 14 of 3,000,000, we do not.
I am not familiar with the Church of Scientology. If I were to define them
by their representatives, I would believe them to be coercive, obnoxious,
oppressive, rude and hysterical. Both parties seem to suffer from an
overblown sense of self importance. My answer to them is as follows -
The person posting went through a public news server as in "open to the
public" "free" as in "free speech without censorship" and "Free of Charge"
as in "no cost". We do not provide Internet access services and, I would
think from all of your other attacks on sources of information, you would
know what an nntp posting host is. We carry no information on our web site
relative to the Church of Scientology as it is of no interest to us. I would
not waste the time writing anything that would promote or provide visibility
to your organization, as I do not believe in it's oppressive and threatening
presence.
The posts have been removed, as well as all other articles in the news group.
The news group is no longer open to posts
We have no more information as to who posted the articles than you do. This
is not a membership service.
Your approach to people is enough to make an adult puke
Stop calling us or we will make this a legal issue and charge you with
harassment and frivolous threats of law suites
If you do show up at our offices as threatened, you will be charged with
criminal trespass.
Our law firm is White & Altman. They may be reached at 415-462-8620.
As we are a news organization, not a usenet news organization, I took the
liberty of placing this in our editorial section of our web sites.
Forgive me if I do not kiss your ass and follow your directives as
presented. You are, I believe a lawyer and not a judge, and I have nothing
that tells me this is even a legitimate communication from the Church of
Scientology.
>Date: Fri, 10 May 1996 10:26:22 -0700 (PDT)
>From: Helena Kobrin
>Subject: Unauthorized Postings
>To: alan@ZIPPO.COM
>
>
>
>Dear Simko:
>
> 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 level known as "New Era Dianetics for
>Operating Thetans"("NOTs").
>
> I have been informed that some of these works appear on the
>alt.religion.scientology newsgroup on your system. The
>unauthorized posting of these materials represents a violation of
>my client's intellectual property rights. All access providers
>whom we have informed of these materials being on their systems
>have removed them.
>
> The postings appear three separate times. The postings in the
>first series were posted on May 6, 1996 and bear the following
>message ID's and subject lines:
>
>MESSAGE ID: SUBJECT:
>
><4mjafj$7r2@utopia.hacktic.nl> Re: NOTS file 1/7
><4mjagf$7q4@utopia.hacktic.nl> Re: NOTs file 2/7
><4mjaga$7qc@utopia.hacktic.nl> Re: NOTs file 3/7
><4mjajo$7st@utopia.hacktic.nl> Re: NOTs file 4/7
><4mjag0$7qp@utopia.hacktic.nl> Re: NOTs file 5/7
><4mjaji$7su@utopia.hacktic.nl> Re: NOTs file 6/7
><4mjaab$7pl@utopia.hacktic.nl> Re: NOTs file 7/7
>
> The postings in the second series were posted on May 7, 1996
>and bear the following message ID's and subject lines:
>
>MESSAGE ID: SUBJECT:
>
><4mm82g$ei9@utopia.hacktic.nl> NOTs: ned1.html
><4mm8d6$en0@utopia.hacktic.nl> NOTs: ned3.html
><4mm8da$ems@utopia.hacktic.nl> NOTs: ned4.html
><4mm7qo$ea4@utopia.hacktic.nl> NOTs: ned7.html
>
> The postings in the third series were posted on May 9, 1996
>and bear the following message ID's and subject lines:
>
>MESSAGE ID: SUBJECT:
>
><4mu431$shl@doc.zippo.com> Re: NOTS file 1/7
><4mu47n$sl9@doc.zippo.com> Re: NOTs file 2/7
><4mu4bo$snv@doc.zippo.com> Re: NOTs file 3/7
><4mu4gf$t02@doc.zippo.com> Re: NOTs file 4/7
><4mu4kt$t3j@doc.zippo.com> Re: NOTs file 5/7
><4mu4qe$t86@doc.zippo.com> Re: NOTs file 6/7
><4mu4v0$5p@doc.zippo.com> Re: NOTs file 7/7
>
> I have also been informed through a posting to the newsgroup
>alt.religion.scientology, that some of these works may have been
>placed on a website on your system (http://super.zippo.com/)
>without the authorization of my client.
>
> The copyright registrations applicable to these works are TXu
>257-326 and TXu 257-527 and I am prepared to provide you with
>copies of these registration certificates.
>
> As you can understand, these postings constitute violations of
>the copyright laws of the United States and the trade secret laws
>of the state of California. Because the posting resides on your
>database, it is a copyright infringement and a trade secret
>misappropriation. Please note that the last series of postings was
>posted from your system, thereby increasing your liability.
>We therefore request that you take the following actions:
>
> 1. Immediately remove the above messages from your system.
>
> 2. Provide the name, address, and e-mail address of the
>poster who posted from your system (doc@zippo.com), so we may
>contact that person directly.
>
> 3. Block access to your system of any postings originating
>from doc@zippo.com and remailer@utopia.hacktic.nl.
>
> You should also be informed that we are currently involved in
>litigation in the United States over the identical materials in two
>lawsuits, and over some of the same materials in two others.
>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. In one of those
>cases, the Court has found that two access providers may be liable
>for contributing infringement for not taking copyrighted material
>down after being notified of it. 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 copying of certain of
>these works constitutes copyright infringement.
>
> We are not seeking to become involved in litigation, but will
>take all necessary measures to protect these proprietary materials.
>I am sure that you have no interest in being an instrumentality of
>copyright infringement and we can resolve this matter amicably.
>
> Please advise as soon as you receive this e-mail what actions
>you will take. I strongly urge you to act promptly to remove these
>copyrighted and unpublished materials. Every hour that they remain
>on the system is a source of serious potential damage to my client,
>as I am sure you are aware.
>
> Sincerely,
>
> Helena K. Kobrin