(Text from Kooks of the Month website, "www.wetware.com/mlegare/kotm/") Kook of the Month (KotM) August 1995 Helena Kobrin (hkk@netcom.com) Lawyer associated with the Church of Scientology, made the breathtaking threat to sue ALL OF USENET in order to prevent the dissemination of "trade secret" religious text of the CoS. Evidence: Lawyer Sues Internet - Film at 11! Here's the letter that won Helena Kobrin the KotM Award for [August] 1995 Newsgroups: alt.religion.scientology Subject: (fwd) NOTICE FROM RTC TO ALL INTERNET USERS Path: news.gate.net!news.sprintlink.net!newsfeed.internetmci.com!uune t!in1.uu.net!howland.reston.ans.net!ix.netcom.com!netcom.com!hk k Newsgroups: alt.religion.scientology Date: Wed, 9 Aug 1995 12:19:04 -0700 (PDT) From: Helena Kobrin Subject: NOTICE FROM RTC TO ALL INTERNET USERS Message-ID: MIME-Version: 1.0 Content-Type: TEXT/PLAIN; charset=US-ASCII Distribution: world Lines: 58 Dear Net Users: I represent Religious Technology Center ("RTC"), the owner of the confidential Advanced Technology of the religion of Scientology, and the holder of the exclusive rights under the copyrights applicable to the Advanced Technology materials. Among these copyrighted and confidential materials are the Advanced Technology materials of a level known as "OT Levels." I have been informed that many of you are wantonly and widely distributing approximately 80 pages of OT Levels numbered I - VII without the authorization of my client, who, of course, would not have given such authorization had it been requested. Your action violates my client's legal rights in that it is the unauthorized making of an electronic copy of the copyrighted material and the wholly unauthorized disclosure of trade secrets materials. These actions constitute violations of applicable copyright laws and trade secret misappropriation entitling our client to damages and an injunction. This is true regardless of whether you ever signed an agreement with respect to the confidentiality of the OT materials. You are on notice that they are regarded as trade secrets, and case law from several jurisdictions holds that an individual who is on notice is liable for trade secret misappropriation. The only way these materials could ever have left the church is through outright theft or misappropriation. It is essential that you take immediate and effective action to remove the unauthorized copies from your Web pages, servers, net news groups and any other places or means of distribution, and that you refrain from any repetition of this or similar acts in the future. You are also to delete these and any other OT materials from your hard drive and any floppy disks and to destroy any hard copies you have made. In addition, your downloading of the copyright and trade secret materials also violates laws prohibiting copyright infringement and trade secret misappropriation. Your use and disclosure of these materials is *not* fair use. United States courts routinely find that the unpublished nature of a work is a factor which weighs against a finding of fair use. No court has ever found that use of stolen unpublished works is fair. There is also no fair use defense to trade secret misappropriation. The OT materials have been found to be trade secrets by the United States District Court for the Southern District of California in Bridge Publications, Inc. v. Vien, 827 F. Supp. 629, 633 (S.D. Cal. 1993). No court has ever ruled to the contrary. I will expect immediate responses from all of you with a statement of your willingness to comply with these demands. If known abusers of my clients confidential materials do not comply immediately, we will have no other recourse but to initiate legal action against all of you to compel compliance. Sincerely, Helena K. Kobrin