Free Speech Blue Ribbon

 

LETTERS Of INTIMIDATION
From
HELENA KOBRIN


Part Two:


Date: Thu, 12 Jun 1997 00:58:29 -0400
From: elrond@cgo.wave.ca (Gregg Hagglund)
Newsgroups: alt.religion.scientology
Subject: RTC/CO$ PRESSURES My ISP was RE: Unauthorized Use of Copyrighted Materials
Message-ID:
Organization: ESI Council
NNTP-Posting-Host: cgowave-7-50.cgocable.net
Lines: 636

Well the usual unlegal attempt has been made by
Ms. Kobrin, or an agent of the Co$ utilizing her account
to test the mettle of my ISP: COGECO.

I have been asked to cancel my post, which I have agreed to do
*provided* proper legal and applicable notice is given.
And a non PGP e-mail is not proper legal notice.

My reply to the request of Mr. J Robertson of COGECO to cancel
my posting as relayed to me by Mr. D Johnson is appended below.
Sorry it is so long.
Please feel free to snip all unnecessary parts of this
epic if you chose to comment.

Anyone who has had an ISP or *is* an ISP who has demanded
more from Ms. Kobrin et al than an unauthenticated email rant
before canceling posts or a website might give me a hand.

Gregg

>X-Sender: techno@mail.cgo.wave.ca
>Mime-Version: 1.0
>Date: Wed, 11 Jun 1997 16:39:18 -0400
>To: elrond@cgocable.net
>From: Dan Johnson - Cablenet Wave Support
>Subject: FW: Unauthorized Use of Copyrighted Materials -Forwarded

> Gregg,

>It looks as though Scientology is starting on you :) Can you please cancel
>the post and perhaps e-mail Jeff Robertson at
>jrobertson@internet.cgocable.net as he has requested you remove the posting.
>Maybe a good idea to let him know your situation in regards to this.

>-Dan

>-----Original Message-----
>From: Helena Kobrin [SMTP:hkk@netcom.com]
>Sent: June 10, 1997 6:49 PM
>To: admin@CGOCABLE.net
>Cc: pcole@CGOCABLE.net
>Subject: Unauthorized Use of Copyrighted Materials

>Dear Messrs. Fox and Cole:

> I represent 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materials are confidential, unpublished, copyrighted works.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 a level known as "NOTs."

> A posting to alt.religion.scientology, and nl.scientology was made through Cablenet by
>Gregg Hagglund containing my client, Religious Technology Center's copyrighted materials,
>known as "NOTs Series No. 7". He has posted this work with the following message ID:

> elrond-0906971705360001@cgowave-7-50.cgocable.net

> These works have been posted to these newsgroups without the authorization of my
>client. The works are registered with the US Copyright Office under registration numbers TXu
>257326 and 257527.

> These postings violate United States and Canadian copyright law. Because this document
>is on your site or has been made through your site, it is copyright infringement for which you
>can be held liable. We therefore request that it be removed immediately.

> We are currently involved in litigation over the same and similar materials in several
>lawsuits. Preliminary injunctions based on copyright infringement and trade secret
>misappropriation are in place in three of those suits in the United States District Court in San
>Jose, California. And a United States District Court in the state of Virginia has granted
>judgment in favor of my client, related to copyright infringement of some of these works.

> In one of the San Jose cases, in which Netcom was a defendant, the court ruled that an
>access provider which is informed that infringement is occurring through its system and does
>nothing to stop it can be liable for contributory infringement.

> We are not seeking to become involved in litigation, but we will take all necessary
>measures to protect my client's intellectual property rights. We presume that you would agree
>that we can resolve this amicably.

> Please confirm that this posting has been removed. I wanted to e-mail you directly
>because of the urgency of canceling this posting through your system so that it is removed both
>from your system and other computers to which it has been sent.

> Sincerely,

> Helena K. Kobrin


Here is what I sent to my ISP:

Dear Mr.Robertson,

Let me assure you as I posted to Phil Cole:

"You will be pleased to know that I have not, nor ever shall,
originate a quote of something , in its entirety, which is copyright to
another that I know of. Unless it is in the fair use context, or I have
permission or made the requiste legal attempts to gain permission.
In this instance, I was responding to someone else's post which I did
not alter, but simply added my comment to his/hers. "
[ Below please find a copy of a posting I made to Phil Cole yesterday.]

I would like to add a few additional comments.

This will take a few moments of your time, but the issues at hand as
you will soon come to realize are not trivial in the least. And ultimately
have little to do with the purported unproven and unsubstantiated claim
of 'Unauthorized Use of Copyrighted Materials'.

Ms. Kobrin, *if* indeed this is Ms. Kobrin has included in her
communique misleading information in an effort to sound impressive and
to intimidate. This is the standard operating practice of her client the
Church of Scientology. One glaring error is the claim that RTC has an
injunction on anyone involving trade secret violations, these have been
withdrawn by the RTC.
[Contact: Attorney Graham E. Berry ]
There do exist injunctions upon specific individuals in specific jurisdictions
for specific copyright claims made by RTC, however none of
these injunctions relates to me or you or any other Canadian citizen or ISP.

Second is the claim of valid copyright. This was apparently overturned by
a decision of a US Court, by virtue of a ruling called the KOLT ruling,
which deemed these materials to still remain the property of an organisation
called the CSC. This has become the central issue of the several litigations
the RTC frivolously and foolishly initiated in the United States despite having
lost the same court battles and claims in Europe. [Check with ISP xs4all.]

I would point out, additionally, that this email is *not* proper and legal
notice of any kind, nor legal in any manner or recognised by *any* court
anywhere as applicable proper legal notification under any circumstances,
urgent or not.

If you would check with your own legal advisors you will find that
COGECO can not be held liable, should there even be any liability
for my posting, until such time as proper legal notice is given in accordance
with the laws of Ontario and Canada to me or COGECO and I, or COGECO,
should then fail to cancel the post in question.

Additionally, any request to myself to remove such a posting, by anyone,
in absence of any proof that such a posting contains any material copyright
to anyone, is an infringement of my Freedom of Speech as guaranteed by
the Charter of Rights and Freedoms.

I, and numerous others before me all over the world, have received
many such improper and unlegal communiques from 'Ms. Kobrin' in the past.
So have other ISPs.

Many of these notices have been deliberate forgeries.

Check around.

Ms. Kobrin does not seem to respond to requests for proper
Certified Applicable Legal Notification.

However she does indulge in questionable actions such as previously
sending an illegal RMGROUP command for alt.religion.scientology in
an attempt to stifle Free Speech all over the Globe.

See http://www2.thecia.net/users/rnewman/scientology/usenet/rmgroup.html

Should she provide me or COGECO with the Documentation I have
requested through proper and legal means I would be willing to cancel,
at your request, any post that I originated which violated 'Fair Use'.

However, that is not the case here.

There is no valid reason under law for me or COGECO to withdraw
any posting or honor any request to cancel any posting until such time
as proper legal notice, in a legal manner, containing sufficient proof of
an authentic claim of copyright, is given.

Nor, I might add, is there any legal reason for COGECO to request
the same of me until such time as the above conditions are satsified.

This notice IMHEO is either a hoax, or certainly unlegal and flawed.

Check with your legal advisors. You will find at:
http://www.xs4all.nl/~jeta
[This site was voluntarily withdrawn As of September, 1997.
However, all CoS documents remain available thru' other Internet means
including Operation Clambake as offered below.] -an internationally known and publicly accessible repository of all
the materials Ms. Kobrin claims as being copyright to RTC whom
she claims in her unlegal notice to represent.

Specifically at http://www.xs4all.nl/~jeta/SCN/ss51_not.html#7 [Not available.]

You will see there a copyright notice appended to the bottom of the particular document:

 Snr C/S Int Assistant

 

 

            Accepted by the

            BOARD OF DIRECTORS

            of the

            CHURCH OF

            SCIENTOLOGY

            OF CALIFORNIA

 

 

 LRH:dm:kjm

 Copyright (c) 1978

 by L. Ron Hubbard

 ALL RIGHTS RESERVED

 

You will notice that the organisation known as RTC does not appear
anywhere on this document.

CSC does.

You may also note that RTC tried *unsuccessfully* in court to have
this and similar sites at xs4all remove these documents.

You will also notice that this document appears to be the source of
the document contained in the posting to which I *merely responded*.
You will also notice that this document, of which I originated nothing
from, comprises a tiny segment of those documents upon this site.

Sir, IMHEO you are being defrauded, mislead and manipulated into
being the instrument of illegally abridging my Freedom of Speech through
censorship by the representative of an organisation whose operating
doctrine includes the precept that "you can control people by lying to them,"
and " tell an acceptable truth".

I will, of course cancel my posting, should it still be upon your server,
*the moment I receive an applicable true legal notice*. Or should you show me,
physically, an applicable true legal notice served upon you.

I would further point out that as you are well aware, the Church of
Scientology acting here as the RTC, has at their disposal the technical
ability to issue a cancel of their own of my posting. This would not be
an illegal act in the United States, provided that they did infact hold a
legal copyright to this or similar articles posted by others. That they have
not done so should clearly indicate to you that they themselves do not wish
to be held accountable for an indefensible criminal act of third party
cancelling of the posts of Usenet users on the pretext of copyright
ownership which may *not* be valid.

[See Cancel Faq-in part-

"3. g. Unauthorized copyrighted material.
Related to the forgery issue (above), there are many cases on
Usenet where the copyrighted material of one person is posted by
another. There is a consensus emerging that such posts are cancellable
by the holder of the copyright, though many other legal issues may be
involved in the future. As with many other topics, this issue is still
being discussed; for more information, see news.admin.net-abuse.policy."]

I will also point out that you yourself have the ability to cancel my post,

[See Cancel faq -in part-

"2. Second person cancels are performed by those people officially in
charge of a user, ie the person's news administrator. These, too, are
officially authorized in all circumstances, as are cancellations by a
third-party explicitly authorized by the poster's news admin."]

and to terminate my service if you should so desire, in violation of the
Free Speech provisions of the Charter of Rights and Freedoms.

However, for what legally recognised cause or necessity?

It may be enlightening to you to visit my Website at:

http://www.cgocable.net/~elrond

There you will gain an insight into why Ms. Kobrin or an agent
of the Church of Scientology using her account at netcom,
feels compelled to attack me through attempting to bully and manipulate
you into doing what they cannot and darenot: infringe my rights
guaranteed by the Charter.

You will see at http://www.cgocable.net/~elrond/1-1GlbM.html
why they darenot try such infringement themselves.

The Ontario Court of Appeals when it upheld the criminal conviction
of the Church of Scientology, deemed that any criminal act commited
*by* an agent of the Church of Scientology, *for* the benefit of the
Church of Scientology, is considered a criminal act *of* the entire
Church of Scientology.

This 'message' is simply another act of intimidation in a world wide
series of such unsubstantiated claims, until such time as Ms. Kobrin is
able to supply proper applicable legal notice of any nature.

Andreas Heldal-Lund of Operation Clambake:

http://home.sol.no/~spirous/CoS/

- and his ISP have been *requesting* proper legal notice,
rather than repeated similar unlegal notices, from a 'Ms. Kobrin'
for over six months and have not received same. Check with his ISP.

Until such time, I would expect that COGECO will conduct itself
in a professional manner and demand, as I have, of Ms. Kobrin et al,
more than the specious claims she has made to you and myself,
delivered in an unlegal manner, before you take any action
whatsoever in this matter.

I would respectfully request that you consult with your legal advisors,
as I have mine, and then consult with myself, directly, before succumbing
to and acting upon, these unlegal and unprofessional intimidation tactics,
committed I believe, as an attempt at extralegal censorship,
which may quite possibly be a hoax or even a fraud.

This may seem like a tremendous headache over a simple post,
which I or your staff or the Church of Scientology and RTC
could cancel in a heartbeat.

This is just a probe of you and COGECO.

What moral fibre COGECO is made of will become an issue as well.

They will next attack my website on your server which contains nothing legally or morally challengable.

It is my WWW voice and is the true object of this harrassment.

But that is not the point.

Determining how easily you and COGECO can be intimidated
into imposing upon my or any other subscribers Freedom of Speech,
at the behest of the Church of Scientology,
is the entire object of this exercise.

Sincerely,

William G. Hagglund

See attached below:

> As I predicted Phil, the CoS has begun its intimidation act.
> Now they may have sent this to you or something similar,
>I don't know, but I feel obligated to keep my ISP informed.

> I expect you will pay me the same courtesy.

> The post Ms. Kobrin is referring to below contained less that 5%
>of the known total Nots series, which may, may, be held copyright
>by the RTC.

> A Judge named Kolt ruled some time ago that a company called
>the CSC held all the copyrights that now RTC claims. CSC transfer of
>these to the RTC is being challenged because it was done after the CSC
> was found liable in a lawsuit. The CoS gutted CSC to avoid payment,
>including transferring certain copyrights to RTC.

>And what a circus that has become!

> Anyway, I doubt this "Nots 7" stuff is really theirs as I have seen it
>or something similar on an internationally famous Website for months
>and the RTC haven't
>even sent that Webpage Author one true legal notice, despite him asking
>and pleading for one, so he can be clear on what is and isn't what.

> However, RTC is in court right now being unexpectedly required to
>prove that they *do* hold legal copyrights on a number of documents of
>which the one referred to below *might* be part of.

> I am assuming that RTC does claim the copyright to *some* document
>titled Nots 7, however since said document is a supposed secret and RTC
> has never acknowledged publicly its contents how the heck is anyone to
> know what is or isn't owned by anyone?

> You will be pleased to know that I have not, nor ever shall, originate a
>quote of something , in its entirety, which is copyright to another that
>I know of. Unless it is in the fair use context, or I have permission or
>made the requiste legal attempts to gain permission. In this instance,
>I was responding to someone else's post which I did not alter,
>but simply added my comment to his/hers.

>I find it hard to believe any real Lawyer would possibly think that
> anyone with half a brain would accept as valid any purported legal
>document or claim sent via the common and easily manipulated
>medium of e-mail.

>However, being a practicing Scientologist, the infamous Ms. Kobrin
>has been known to audit tomatoes and command ashtrays to fly,
>it is not an impossibility that this is a real posting.



Previous Next
Top of Page
Main Site Index
This Section Index

words/photos© by Gregg Hagglund (elrond@cgo.wave.ca)
Last modified: Monday October 20, 1997.

Maple Leaf