Dear Mr. Patterson:
Our office represents Religious Technology Center ("RTC"), the owner of the confidential Advanced Technology of the Scientology religion and the holder of exclusive rights under the copyrights applicable to the Advanced Technology materials. The Advanced Technology materials are confidential, unpublished, copyrighted works. RTC's works include, among others, the individual works comprising levels known as "OT II" and "OT III" as well as a tape-recorded lecture entitled "Assists". These works are registered with the United States Copyright Office under registration numbers TXu 303 388; TXu 290 496; TXu 593 514 and TXu 593 515.
We also represent New Era Publications, Inc. ("NEPI") the exclusive licensee of the copyrights to the published works of the Scientology religion, including a work entitled "Tone Scale."
You have placed RTC's and NEPI's copyrighted works as referenced above, on your web site without the authorization of our client in violation of United Kingdom and United States copyright law. These copyrighted works can be found under the following URLs:
Numerous permanent injunctions and awards of statutory damages and attorneys' fees have been entered regarding similar infringements. For instance, in May 1998, a jury in the United States District Court in San Jose, California awarded statutory damages in the amount of $75,000 against a Mr. Henson for engaging in similar infringing activities on the Internet as to one single copyrighted work. Statutory attorneys' fees were also awarded against Mr. Henson and, in addition, he is also permanently enjoined from committing any further infringements. A United States District Court in the state of Virginia granted judgment for damages, costs, and a permanent injunction related to similar copyright infringement. Permanent injunctions have also been entered in three additional U.S. cases.
Similar results have been reached in Europe. On September 14, 1998, a Swedish court enjoined a defendant who engaged in similar infringements, in addition to finding that his actions in placing our client's copyrighted works on the Internet violated the owner's rights under Swedish copyright law. He was also fined for his illegal actions and ordered to pay litigation costs. The decision by the Swedish court was upheld on appeal in a decision issued on March 9, 2001. On June 9, 1999, a Dutch court found an individual and numerous Internet service providers had engaged in copyright infringement by posting, or hosting, our clients' copyrighted works on their web sites. The court ruled that the service providers must remove such postings as soon as they are notified of them, subject to a monetary penalty for each day on which they do not comply.
Accordingly, we deemand that these copyrighted works be removed.
Moxon & Kobrin
3055 Wilshire Boulevard
Los Angeles, California 90010
This was a valid complaint, since it refers to unpublished works. My ISP responded to receiving a copy of the above by assuming I was guilty and blocking my entire website without consulting me (which Ms Paquette hadn't asked for!). I removed one text, linked to a copy of the OT summary outside the UK, and in the third case linked to a copy of the Tone Scale on the CoS website.