This is printed on page 21 in Playboy December 2004:

[START] Contrary to Brin's claim, Xenu.net did not "sort of fold" after the Church of Scientology served Google with a specious trademark-infringement complaint. I declined to file a response because to do so would subject me to the jurisdiction of U.S. courts. As a European citizen operating a European site, I saw no reason to do so.

Andreas Heldal-Lund Tananger, Norway [END]

This is the full letter sent to Playboy:

[START] In reference to the "Google Guys" interview in your September 2004 issue:

As the creator of the "Operation Clambake" web site xenu.net, which resides in Europe and is indexed in Google, I vehemently reject the Church of Scientology's claims that the site violates their copyrights. My site exposes the fraud behind Scientology, and to document this I must quote from materials produced by the creator of this so-called religion. But I do so fully within the bounds of fair use as provided for by copyright law. Scientology may disagree, but they have yet to prove me wrong in any court. The site has been operating for 8 years now.

Contrary to your article, xenu.net did not "fold" when Scientology served Google with a complaint under the US Digital Millennium Copyright Act (DMCA). It's true that I declined to file a DMCA counternotification, but that is because to do so I would have had to agree to subject myself to the jurisdiction of the US courts. As a European citizen operating a European web site, there was no reason for me to do that.

Poorly framed copyright protection laws put dissent and free speech on the Internet at risk. By exploiting the DMCA, Scientology has managed to suppress information even when it does not have the law on its side. The US courts and Congress should make clear that linking to web pages as Google does is a virtue of the Internet, not a crime.

While Google stumbled in the beginning, they are to be commended for flatly rejecting Scientology's specious trademark infringement claims against xenu.net, and finding a clever way to adhere to the requirements of the DMCA on the copyright issues without actually preventing people from finding the information they were looking for.

It has now been over two years since the cult sent its copyright complaint to Google, and part of www.xenu.net is still removed from the Google index, but there has been no copyright suit filed against me. My web site has not changed. It is evident that Scientology's DMCA complaint was without merit.

By abusing copyright law, Scientology tries to keep vital information about its teachings from the public. People are attracted to this "church" based on limited knowledge and feel-good publicity from clueless movie stars. But in each country where Scientology is allowed to operate, there are reports of lost fortunes, broken families, and suicides. I think the public has the right to know the truth. Having reviewed the secret materials of Scientology, I have concluded that it is my moral duty -- within the law -- to bring this information to society's attention.

I admire what Google has achieved, and am of the opinion that they do not owe me anything. But while Brin and Page enjoy Google's sweet success, they must also be prepared to fight some risky battles to preserve their unique position on the Internet. The principles of free speech and free access to information are worth defending against all forms of tyranny, including Scientology.

Andreas Heldal-Lund www.xenu.net Norway [END]

I received invaluable help from many of you to shorten and better word this letter, thank you! You know who you are. :)

Best wishes, Andreas Heldal-Lund # home.online.no/~heldal # www.xenu.net Ph: +47 8800 6666 # Addr: Postboks 131, N-4098 Tananger, Norway --------------------------------------------------------------- Each of us does what we can do. Our obligation is to do it as well as we can, with as much grace, dignity, integrity and honor our egos can tolerate. -------------------------------------[Robert Vaughn Young]-----

Go Back