From: AMPaquette@aol.com
Date: Mon, 1 Nov 1999 13:22:01 EST
Subject: Unauthorized Use of Copyrighted Materials
To: tastraum@online.no
CC: AMPaquette@aol.com
Dear Mr. Straume:
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unpublished,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 "NOTs". These works are
registered with the United
States Copyright Office under registration numbers: TXu 257 326
and 257 527.
You have placed these works on your home page on Scandinavia
Online's
web site without the authorization of our client. These works
can be found
under following URLs:
http://home.sol.no/~tastraum/
http://home.sol.no/~tastraum/FLAG%20NOT/Index.html
http://home.sol.no/~tastraum/FLAG%20NOT/ned1.html
http://home.sol.no/~tastraum/FLAG%20NOT/ned2.html
http://home.sol.no/~tastraum/FLAG%20NOT/ned3.html
http://home.sol.no/~tastraum/FLAG%20NOT/ned4.html
http://home.sol.no/~tastraum/FLAG%20NOT/ned5.html
http://home.sol.no/~tastraum/FLAG%20NOT/ned6.html
http://home.sol.no/~tastraum/FLAG%20NOT/ned7.html
Your actions in this regard violate Norwegian and United States
copyright
law. Accordingly, we demand that they be removed immediately.
Numerous permanent injunctions have been entered regarding
these same
works. For instance, in May 1998, a jury in the United States
District Court
in San Jose, California assessed damages in the amount of $75,000
against a Mr.
Henson for engaging in similar infringing activities on the Internet.
Mr. Henson
was also permanently enjoined by the court against 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 the same 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 SEK 1,274,500
in litigation
costs. 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
penalty of Hfl 5,000 for each day on which they do not comply.
Please confirm that these works have been removed.
Sincerely,
Ava Paquette
Moxon & Kobrin
3055 Wilshire Boulevard, Suite 900
Los Angeles, California 90010
Tel: (213) 487-4468
Fax: (213) 487-5385
