Subject:
Date: Thu, 27 Jan 2000 15:02:28 +1100
Return-Receipt-To: Sally Nicolson <SNicolson@davies.com.au>

MIME-Version: 1.0 X-Mailer: Internet Mail Service (5.5.2448.0) Content-Type: text/plain;charset="iso-8859-1"

Status: RO Content-Length: 6012 Lines: 120 Dear Sir Re: Unauthorised publication of confidential material We act on behalf of the Religious Technology Center ("RTC").

RTC instituted legal proceedings against Mr H. Keith Henson in the United States District Court for the Northern District of California, bearing No. C-96-20271 RMW, alleging copyright infringement by Mr Henson by his publication of RTC's unpublished, confidential copyright work known as NOTs 34. In the course of those proceedings, on 11 May 1998 the Court ordered that portions of the transcript which contained discussion of the contents of NOTs 34 should be sealed. In particular, the Court ordered that the following passages from the transcript should be sealed: page 479, lines 22-25; page 488, line 13 to page 489, line 1; page 489, line 16; page 490, lines 9-14; page 491, lines 18-20; page 492, lines 1-4; page 492, lines 7-12; page 493, lines 24-25; page 494, lines 3-6;

page 494, lines 14-15; page 494, line 19 to page 495, line 1;

page 495, line 13 to page 496, line 3; page 496, line 11 to page 497, line 11; page 497, lines 18-23; page 498, lines 6-10;

page 498, line 20 to page 499, line 1; page 502, line 18 to page 503, line 1; page 503, lines 5-8; page 503, lines 11-12;

page 503, lines 14-15; page 504, lines 1-3; and page 504, lines 12-15. The Court further ordered that any person who wished to have the passages of transcript unsealed should apply to the Court to do so. A copy of the relevant Court Order will be made available for your inspection upon request.

On 12 May 1998 Mr Henson uploaded a diskette containing the text of the transcript which the Court had ordered to be so sealed on to his personal File Transfer Protocol ("FTP") site on the Internet. On 22 June 1999 the United States District Court for the Northern District of California found that Mr Henson's actions in so doing constituted a civil contempt of Court, notwithstanding the fact that Mr Henson subsequently deleted the unexpurgated version of the transcript from his FTP site. A copy of the relevant Court Order will be made available for your inspection upon request.

The order of the United States District Court for the Northern District of California which sealed the passages from the transcript identified above is an Order which applies to the actual text of the document, not just to Mr Henson personally.

Accordingly, the RTC contends that the publication of the passages from the transcript identified above by any other person also constitutes a civil contempt.

In this context we note that the contents of your home page, entitled "Frank Copeland's Home Page" at http://thingy.apana.org.au/~fjc/ include an unexpurgated version of the transcript of the proceedings before the United States District Court for the Northern District of California.

It is accordingly contended that your action in posting this unexpurgated text on to your home page also constitutes a civil contempt.

Although our client does not seek to become involved in litigation, it will nonetheless take any actions necessary to protect its intellectual property rights. Our client therefore demands that you agree to, and comply with, the following terms:

1. That you, your servants and agents immediately cease and forever desist from reproducing, publishing, distributing or in any other way dealing with (including but not limited to dealings on the Internet, in newspapers and in magazines) any computer files, documents or things which amount to a reproduction or a substantial reproduction of the passages of transcript referred to above ("the Offending Copies").

2. That you will immediately delete, or arrange to be deleted, all computer files in your possession, custody or control or in the possession, custody or control of your servants or agents containing information which amounts to a reproduction or a substantial reproduction of the Offending Copies.

3. That you will immediately withdraw from circulation and deliver up to our client, C/- Davies Collison Cave Solicitors, all documents or things in your possession, custody or control or in the possession, custody or control of your servants or agents which amount to a reproduction or a substantial reproduction of the Offending Copies.

4. That within ten (10) days of the date of this letter you will confirm by statutory declaration to be provided to our client, C/- Davies Collison Cave Solicitors at 1 Little Collins Street, Melbourne, Victoria that the demands made above have been complied with.

These undertakings may be given by you returning a copy of this letter with the endorsement below duly completed and signed.

This offer of settlement remains open until 5:00pm on 11 February 2000.

Yours faithfully DAVIES COLLISON CAVE SOLICITORS cc: apana I, Frank Copeland, hereby provide the undertaking sought in numbered paragraph 1 of this letter and agree that I will comply with the requirements specified in numbered paragraphs 2, 3 and 4 of this letter within the periods specified.

DATED the _________ day of ___________ 2000




......................................................

Frank Copeland - ------------------------------------------------------------------------ DAVIES COLLISON CAVE DAVIES COLLISON CAVE SOLICITORS Melbourne Sydney Brisbane http://www.davies.com.au - ------------------------------------------------------------------------ The information contained in this email is both confidential and the subject of legal professional privilege. It is intended for the use only of the addressee named. If the receiver of this message is not the intended recipient, the receiver is hereby notified that any dissemination, distribution, publication or copying of this email is strictly prohibited. If this email is received in error, please accept our apologies, delete all copies from your system, and notify us at mail@davies.com.au - ------------------------------------------------------------------------

>On 14 Jul 2000 09:01:16 GMT, fjc@thingy.apana.org.au (Frank Copeland)
>wrote:
>>http://thingy.apana.org.au/~fjc/scn/mirrors/www.users.wineasy.se_80/noname/transcripts/Trialday4.html
>It is still there.
It's not going anywhere, at least not until dear Ava points out precisely which of those 7623 lines belong to $cientology, and why they should not be considered "fair use" under the laws she claims as authority. Oh, and a real letter on paper would be favourite too, but on past performance that's a bit much to ask for.

Frank

Go Back