Scientology
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F.A.C.T.NET, INC., a Colorado nonprofit corporation; LAWRENCE
WOLLERSHEIM, an individual; and ROBERT PENNY, an individual,
Defendants.
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FINAL JUDGMENT AND PERMANENT INJUNCTION
I.It is hereby ORDERED, ADJUDGED AND DECREED that defendant FACTNet,
Lawrence Wollersheim, an individual and Robert Penny, an individual,
their agents, servants, employees, attorneys and all persons in active
concert or participation with them, or any of them, who receive actual
notice of this Permanent Injunction are hereby and forever permanently
enjoined and restrained from:
A.Directly or indirectly copying, publishing, reproducing,
distributing, disseminating, performing, displaying or creating any
works, including any derivative works of the Works as defined in
paragraph C below, or any of them, in whole or in part, by any means
in any media now known or hereafter developed in any time, place or
fashion, and in particular from engaging in any such acts in, on or in
connection with any computer, database, information service,
electronic bulletin board service, network, storage facility,
newsgroup, website, ftp site or archives, or other electronic bulletin
board service, network or facility, including without limitation the
transmitting or loading of any such materials onto, or downloading any
copies of them from any such device, service, network or facility, and
all such copies which defendants, their agents, servants, employees
and attorneys and those in active concert or participation with them
have caused to be copied or copied onto any such device, service,
network or facility shall be removed as soon as reasonably possible,
provided however, that nothing herein prohibits otherwise lawful "fair
use" of the Works.
B.Causing, contributing to or inducing any other person to engage in
any of the foregoing prohibited acts.
C.As used herein, the "Works" shall include but not be limited to the
following works, whether or not registered or published.
(1) All Advanced Technology Works, including those set forth in
Schedule 1, which is annexed hereto and incorporated herein by this
reference.
(2) All Works by L. Ron Hubbard, irrespective of the medium (i.e.,
whether in the form of writing, recorded lecture, audio-visual
reproduction or other medium);
(3) Any derivative Works, as "derivative work" is defined in 17 U.S.C.
? 101, based upon the writings of L. Ron Hubbard, whether now or later
in existence;
(4) All Works published, created or owned by any Scientology
organization now or hereafter in existence, including but not limited
to Bridge Publications, Inc., New Era Publications International,
Church of Scientology International or L. Ron Hubbard Library, or
their successors or assigns, irrespective of the medium; and
(5) Any derivative of any of the foregoing, whether or not authorized,
whether now or later in existence; and
II. The Court being advised in the premises hereby enters Final
Judgment:
A.In favor of plaintiff, Bridge Publications, Inc., and against
defendant FACTNet in the amount of One Million Dollars
($1,000,000.00), representing statutory damages under Section
504(c)(2), of the Copyright Act, 15 U.S.C. ?504(c)(2).
B.Defendant FACTNet's, Wollersheim's and Penny's counterclaims
asserted herein are hereby dismissed with prejudice.
C.Each party shall bear its own costs.
Dated:______________________, 1999
From: bob@minton.org (Bob Minton)
Date: Sun, 28 Mar 1999 01:37:28 GMT
Message-ID: <370286e7.10515103@news.tiac.net>
Hash: SHA1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 95-K-2143
BRIDGE PUBLICATIONS, a California non-profit[sic] corporation,
Plaintiffs,
V.
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Upon all of the proceedings in this action and pursuant to a
Settlement Agreement dated March 19, 1999, and upon Defendant
FACTNet's acknowledgement that Plaintiff's allegations are well
founded, and good cause appearing therefor:
__________________________________
John L Kane, Jr.
Senior United States District Judge
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