Subject: Scientology Attacks OSA Network Orders Page Newsgroups: alt.religion.scientology Organization: Xenu's BT Recycling, Inc. Summary: Keywords: X-Newsreader: TIN [version 1.2 PL2] I just found the attached e-mail in my mailbox from "hkk@netcom.com". Their client apparently does not like my OSA Network Orders Research Page at: http://www.ezlink.com/~perry/Co$/OSANWO "hkk@netcom.com" purports to be Helena Kobrin, who in this case represents the L. Ron Hubbard Library. Here is my response: [salutations snipped] > I have a few questions that need to be resolved before I take action: > > 1) What are the copyright registration numbers for the works in question? > > 2) In what way the URLs listed below do not comply with 17 USC 107 > Fair Use? That section lists four affirmative defenses: > > (1) the purpose and character of the use, including whether > such use is of a commercial nature or is for nonprofit > educational purposes; > (2) the nature of the copyrighted work; > (3) the amount and substantiality of the portion used in > relation to the copyrighted work as a whole; and > (4) the effect of the use upon the potential market for or > value of the copyrighted work. The fact that a work is > unpublished shall not itself bar a finding of fair use > if such finding is made upon consideration of all the > above factors. > > Regarding (1), I derive no income from the web page and the use > is for nonprofit educational purposes, due to the commentary that > has been added. > > Regarding (2), this alleged LRH Library work has to my knowledge > never been intended for sale outside of Scientology. Therefore I > am not diminishing its potential market. (See also (4) below.) > > Regarding (3), these Orders are a sampling of a much larger work. > I am using twelve sections from a much larger work of at > least forty-five or more such works. Thus, I am using at most > one quarter of the total "OSA Network Orders" work. I am using > each individual Order in its entirety because all sections are > significant to my educational commentary. I concede that the LRH > Library may object to use in entirety and I am willing to work > on this. I need further clarification and proof regarding how the works > in question are arranged to understand whether this clause applies. > > Regarding (4), it specifically states that unpublished works can be > used within the bounds of fair use if (1), (2), and (3) can be considered. > Regarding effect on the potential market, this work is distributed > without charge to Office of Special Affairs personnel, a small group > within the Sea Org, which is a small subset of total Church membership, > which is the only potential market for this work. Therefore, the > potential market is exceedingly small, perhaps several hundred in > the entire world who receive this material, again at no charge. > > > I have no intention of knowingly violating a copyright. On the other > hand, I must also ensure that the LRH Library has what appears to > be a valid copyright as well as understand the nature of copyrighted > work so that I can comply with 17 USC 107. Because an unscrupulous > business could effectively censor _any_ web page by making the claim > that the LRH Library makes, I need to be sure a valid claim first > exists. The LRH Library would likely behave in a similar matter if > someone sent a similar message regarding www.scientology.org. > > To reiterate, to validate the claims of the LRH Library as being > reasonable, I need: > > 1) The copyright registration numbers. If they do not exist for > this unpublished work, you may alternatively provide the handwritten > title page, draft, or some other proof of the existence of the > the manuscripts in question. > > 2) The objections that the LRH Library has to my 17 USC 107 (1-4) > explanations. > > I will immediately remove the material when the above information is > provided. > > > Regarding RTC v Lerma, it is my understanding that the case dealt > with copyright infringement with only minimal application of the > affirmative defenses of 17 USC 107. Again, I would appreciate hearing > how the LRH Library feels these defenses do not apply in this instance. > > Regarding the reference to US District Court in San Jose, I am aware > of three cases, all involving RTC copyrights. Again, it is my > understanding that each of those cases involve minimal application of > 17 USC 107. Again, I would appreciate hearing how the LRH Library > feels these defenses do not apply in this instance. > > I wish to work with the LRH Library to quickly resolve this matter, > since I may be inadvertently violating their copyright and do not > with to misappropriate their intellectual property. It is difficult > to know what material passing over the Internet is actually copyrighted, > especially in the case of unpublished works which have no registration > number. > > Sincerely, > > Perry Scott > perry@ezNOSPAMlink.com Here is the message from "Helena Kobrin" > From hkk@netcom.com Thu Jan 29 15:59:03 1998 > Date: Thu, 29 Jan 1998 14:57:59 -0800 (PST) > From: Helena Kobrin > Subject: Unauthorized Use of Copyrighted Materials > To: perry@ezNOSPAMlink.com > Message-ID: > MIME-Version: 1.0 > Content-Type: TEXT/PLAIN; charset=US-ASCII > Status: RO > > > > Dear Mr. Scott: > > I represent L. Ron Hubbard Library, exclusive licensee of the copyrights to certain of > the unpublished works of the Scientology religion. > > I have been informed that you have placed certain of my client's copyrighted works on > your home page without the authorization of my client. These works can be found under the > following URLs: > > http://www.ezlink.com/~perry/Co$/OSANWO/02.htm > http://www.ezlink.com/~perry/Co$/OSANWO/07.htm > http://www.ezlink.com/~perry/Co$/OSANWO/09.htm > http://www.ezlink.com/~perry/Co$/OSANWO/10.htm > http://www.ezlink.com/~perry/Co$/OSANWO/15.htm > http://www.ezlink.com/~perry/Co$/OSANWO/17.htm > http://www.ezlink.com/~perry/Co$/OSANWO/18.htm > http://www.ezlink.com/~perry/Co$/OSANWO/19.htm > http://www.ezlink.com/~perry/Co$/OSANWO/32.htm > http://www.ezlink.com/~perry/Co$/OSANWO/35.htm > http://www.ezlink.com/~perry/Co$/OSANWO/45.htm > http://www.ezlink.com/~perry/Co$/OSANWO/inv_sect.txt > http://www.ezlink.com/~perry/Co$/OSANWO/osanow.zip > > By placing my client's copyrighted works on your web page, you are violating United > States copyright law. We therefore request that they be removed immediately. > > We are currently involved in litigation over similar materials in several lawsuits. > Preliminary injunctions based on copyright infringement are in place in two of those suits in > favor of RTC in the United States District Court in San Jose, California, and a judgment of > copyright infringement and a permanent injunction have been entered in another suit in that > Court. Additionally, a United States District Court in the state of Virginia has granted judgment > for damages, costs, and a permanent injunction in favor of RTC, related to copyright > infringement of similar works. > > Please confirm that you have removed the copyrighted material as requested above. > > Sincerely, > Helena Kobrin > > > > > > > > > Sincerely, > Helena Kobrin >