Tied Up in NOTs
The Church[sic] of Scientology scored a major legal
victory last week in San Jose's federal district court
when a jury ordered Palo Alto computer consultant Keith
Henson to pay $75,000 to the Scientology-aligned Religious
Technology Center. The fine was punishment for Henson's
posting to the Internet of internal Scientology document
NOTs 34, which Henson claimed was essentially a manual for
illegally practicing medicine without a license, using
E-meters, auditing and other Scientology-oriented
techniques. "The jury held that copyright laws are
sacrosanct, even when they're being used to conceal
criminal conduct," said Los Angeles attorney Graham Berry,
who represented Henson and has often crossed swords with
Scientology. "That's a disturbing decision, and one that
lawyers for the mafia might want to take note of." . . .
While unrepentant for his actions, Henson himself was
predictably disappointed, though his marginal financial
situation makes any significant recovery of damages
unlikely. Still, that didn't stop Scientology
representatives from expressing their elation with the
verdict. "This award is a great victory for all copyright
owners," said RTC president Warren McShane. "The copyright
law has once again been upheld in the face of an assault
by an outright copyright terrorist who thought he was
above the law." . . . But RTC and Scientology's jubilation
at their victory was likely short-lived. For immediately
after the verdict was announced, the court released the
complete transcript of the trial. In a major oversight by
the court, the transcript included a sealed portion of the
trial in which the document, its contents and alleged
criminal components were discussed in great detail. The
court immediately recalled the transcript, but too late:
the very information that RTC had fought was immediately
posted to multiple Web sites. "And once something's on the
Net, there's no way to recall it or get it back," chuckles
Henson, who views the publicity the trial received as some
solace for his defeat. "That's worth an imaginary $75,000
to me."
From the May 21-27, 1998 issue of Metro.
Copyright (©) Metro Publishing Inc. Maintained by
Boulevards New Media.