Here is (for the public record) the latest threat to Caroline's site!

-----Original Message----- From: Tim Sinnott [mailto:tsinnott@bereskinparr.com]
Sent: March 26, 2002 3:08 PM To: Scott Duncan Subject: www.entheta.ca/caroline

Our Reference: 9138-38

By E-mail (scott@nx2000.net)

Scott Duncan NX2000 Research Coalition 78 Walmsley Blvd.

Toronto, Ontario M4V 1X6

Dear Mr. Duncan:

We are Canadian intellectual property counsel for the L. Ron Hubbard Library, Church of Scientology International ("CSI"), Religious Technology Center ("RTC") and Bridge Publications, Inc. ("BPI"), non-profit religious corporations located in Los Angeles, California.

Our clients are the owner of the intellectual property rights, including the copyright, to a large collection of materials related to the Scientology religion, including photographs of L. Ron Hubbard and other individuals, artwork displayed in various Scientology publications, and official Scientology symbols (the "Copyrighted Works").

As you know, Ava Paquette of Moxon and Kobrin, U.S. counsel for our clients, sent you a letter dated 30 January, 2002, asking you to shut down a website, at the internet address www.entheta.ca (216.95.190.78), containing a large number of unauthorized reproductions of our client's Copyrighted Works. We understand that you responded by converting the entire site to a pdf file which can be downloaded from one of your websites at the address www.entheta.ca/caroline.

Please be advised that converting the website to a pdf file does not avoid copyright infringement, but rather, it makes you liable for direct copyright infringement.

We have reviewed your internet service provider's acceptable use policy, available at www1.worldcom.com/ca/aup, and note that it includes the following provision:

The Worldcom Network may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

We therefore demand that you remove all unauthorized reproductions of the Copyrighted Works from your websites immediately. If we do not receive a cooperative response prior to 2 April, 2002, we will ask your internet service provider to disconnect your websites from its network.

Yours truly,

-- Timothy J. Sinnott B.S., M.Sc. (Phys.), LL.B.

Bereskin & Parr Box 401 40 King Street West Toronto, Ontario M5H 3Y2 Canada

Direct Dial: (416) 957 1694 Main: (416) 364-7311 Facsimile: (416) 361-1398 e-mail: tsinnott@bereskinparr.com Internet: www.bereskinparr.com

This communication and any attachments may contain information that is privileged or confidential and is intended only for the use of the individual to whom it is addressed. Any other distribution, copying or disclosure is strictly prohibited. If you have received this communication in error, please notify us immediately then delete this communication.

Thank you (Hmmm, does posting it to the Usenet Count? Tough shit...he mailed me first...this is now MY property-Ed.)

From: Scott Duncan
Sent: March 27, 2002 To: Tim Sinnott [mailto:tsinnott@bereskinparr.com] Subject: www.entheta.ca/caroline

Ok Tim,

Here we go again.

This document falls under the Fair Dealings provisions of the Canadian Copyright act section 29 EXCEPTIONS, to whit; Fair Dealing.

Since your letter CLEARLY indicates your lack of familiarity with the law in this area, let me help you out.

Research or private study

29. Fair dealing for the purpose of research or private study does not infringe copyright.

Criticism or review

29.1 Fair dealing for the purpose of criticism or review does not infringe copyright if the following are mentioned:

(a) the source; and

(b) if given in the source, the name of the

(i) author, in the case of a work,

(ii) performer, in the case of a performer's performance,

(iii) maker, in the case of a sound recording, or

(iv) broadcaster, in the case of a communication signal.

The items in question meet all that criteria and MORE. There are no incorrect facts, and all copyrights are acknowledged. This person is not selling anything, nor is she attempting to profit from it. Ms. Paquette pointed out that the images contained in the site could be used on other sites and this location could effectively act as a repository for said images, and thus we converted it to PDF. As usual, you imply I am attempting to evade the law. That is the LAST time you will imply THAT, as it is slander. As I said. if you could point out WHERE the PDF in question, falls out of the scope of fair dealings, the entire site will be taken down.

Erroneous legal threats from your firm will not be tolerated. Nor will your misleading my communications provider. Your client's penchant for frivolous lawsuits and legal threats are well known. As such I am forwarding a printed copy of this threat and all relevant documents to the Law Society of Upper Canada. You will be held accountable for any damage, inconvenience, and financial loss resulting from any action you may take. And you will likely be disbarred if you do not look at the facts closer.

If you wish similar case law on this issue perhaps you might read Allen v.

Toronto Star Newspapers Limited [Indexed as: Allen v. Toronto Star Newspapers Ltd.] 36 O.R. (3d) 201 [1997] O.J. No. 4363 Court File No. 740/95 Ontario Court (General Division), Divisional Court O'Driscoll, Flinn and Sedgwick JJ. November 3, 1997 - .and read the WHOLE thing, and don't just skim it.

Tim, I SHOULDN'T be better at this than you, yet it appears that I am.

As such, I am acting Pro Se in this matter. So you have to deal with me directly. I am NOT playing this game with you people! Either take it to court, or GO AWAY! If you want to take it to court, tell me when you are filing, and I'll meet you there, and you can serve me in front of the Officer of Oaths which will speed up the process nicely.

As with every OTHER "fact" mentioned in your threat, you have the address wrong.

Call me at your convenience to discuss.

416-9$$-$$$$

You know who to ask for

Go Back