From: "Bob Goldeck" <bobg@ccwebhost.com> |
To: Alif.Terranson@savvis.net, Catherine.Choi@savvis.net
CC: postalval@yahoo.com
Subject: Savvis Security Incident #10442
Date: Sat, 23 Mar 2002 07:38:16 -0500
I started my investigation into these allegations based on a moral and
ethical belief that Valerie Emanuel is innocent and the burden of proof
rests with RTC, CSI and its representatives. I also believe that I am
not obligated to research the allegations in respect to obtaining images,
documents, etc to prove or disprove the allegations.
I have nonetheless looked into these allegations and have found the following:
The allegation states that under the URL http://scientology-kills.org/Alien_Tales/alien_tales.htm . A copywrite infringement occurs.
In examining this page, the first line of text being "The following portion of OT 3 is quoted in full in Margery Wakefield's book The Road to Xenu, chapter 13, and I believe all of it has been quoted in other books and articles as well."
It is clear that this page is quoted from a book called The Road to Xenu by Margery Wakefield. Since Margery Wakefield does not appear to be represented in the allegations, nor the book The Road to Xenu, I cannot see how this infringes on the rights of RTC or CSI.
The allegation states that under the URL http://www.scientology-kills.org/, additional quoted materials can be found. I have checked this URL and cannot find any quoted material aside from the words 'packaged' and 'they'.
The author clearly states that the text contained on this page is her interpretation. Though I am not a lawyer, I would understand this to be covered under The Constitution of the United States as the freedom of speech.
Additionally, an allegation has been lodged stating the use on one of CSI's graphic image files and the work "Scientology Online" can be found at the URL http://scientology-kills.org/scienopage.htm
There are in fact two images on this page. One image with the words "Welcome to my Website", and another with the words "I was a scientologist, Support religious tolerance". Without any proof that an image is copywrited, without a representation of that image and with only "the work Scientology Online"
to use as a basis I find that there is nothing on this page that comes close to the description brought forth in the allegations. This allegation appears to be completely unfounded.
In respect to the alleged photographs of L Ron Hubbard located at the URL http://www.scientology-kills.org/index/index.htm. I cannot verify or deny if these in fact are pictures of L Ron Hubbard as I do not have first hand knowledge of what L Ron Hubbard looks like, nor was any comparison offered.
I will note that the picture at the URL http://www.scientology-kills.org/index/S_fuhr1.jpg, which may be a face of L Ron Hubbard super-imposed onto the body of Hitler, is so small and indistinguishable that it does appear to me to be a picture of Hitler and not L Ron Hubbard.
All of the images appear to be faces super-imposed onto other images.
Again, I state that I am not a lawyer and I sought no legal counsel in respect to this matter, but it would appear, at least to my laymen eyes, that these images are significantly altered from any copywrited photographs. I state this merely assuming that RTC or CSI has not copywritten L Ron Hubbards face on the body of Hitler, Santa or the many other images seen on this page. I do not believe any of these images will be confused with any registered trademark images. Again, I do not have in my possession any images of registered trademarks to compare to, and use my best judgment in deciding this.
I make the same assumption with the images of Mr. Miscavige, which are obviously well altered from any original there may have been.
The allegations further state the 'Scientology Symbol' is a federally registered trademark. Again, assuming that the image at the URL http://scientology-kills.org/greekcourt.gif, started as a registered trademark symbol, it has been significantly altered from the original so as not to be confused with the original. The allegations state that the image appears also at the URL http://scientology-kills.org/5353/5353.htm, but I do not see it at this location, so find this allegation to be unfounded.
Additionally, to state that Ms. Emanuels web site is used 'to incite violence and hate against others because of their religious belief' appears to be a last ditch effort on the part of RTC and CSI to compel me to suppress Ms. Emmanuels freedom of speech. I cannot see anywhere that violence is even suggested.
Based on the above found conclusions I cannot legally, morally or ethically deny access to scientology-kills.org. To do so would be a violation of Ms.
Emanuels freedom of speech. It is my opinion that all allegations in this matter appear to be completely unfounded.
Respectfully,
Robert Goldeck
Owner
Connective Communications
Hey, Ava? Find something new to complain about next time.
And spell my name right.