LAW OFFICES OF PAUL, HASTINGS, JANOFSKY, & WALKER LLP A LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
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ROBERT P. HASTINGS (1910-1996) COUNSEL LEE G. PAUL LEONARD S. JANOFSKY CHARLES M. WALKER
695 TOWN CENTER DRIVE 555 SOUTH FLOWER STREET |
399 PARK AVENUE NEW YORK, NEW YORK 10022 TELEPHONE (212) 318-6000 FACSIMILE (212) 319-4090 INTERNET www.phjw.com
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343 SANSOME ST., STE. 1220 SAN FRANCISCO, CALIFORNIA 94104-1303 TELEPHONE (415) 445-7777 1299 OCEAN AVENUE 1055 WASHINGTON BOULEVARD ARK MORI BUILDING, 30TH FLOOR 1299 PENNSYLVANIA AVENUE, N.W. |
WRITER'S DIRECT ACCESS
(212) 318-6016 |
OUR FILE NO.
24437.01100 |
VIA FEDERAL EXPRESS David S. Touretzky, Ph.D Computer Science Department Center for the Neural Basis of Cognition Carnegie Mellon University 5000 Forbes Avenue Pittsburgh, PA 15213 Re: The NOTs Scholars Home Page Dear Mr. Touretzky: I write to you on behalf of Religious Technology Center ("RTC"). This firm is representing RTC in its actions against Dennis Erlich, Keith Henson, Arnaldo Lerma and Grady Ward, cases pending in U.S. federal courts before either Judges Whyte (N.D. Cal.) or Brinkema (Lerma, E.D. Va.). I believe you are familiar with these cases. RTC is the licensee of the copyrights and owner of other intellectual property of L. Ron Hubbard, the founder of the Scientology religion, in the confidential, unpublished Scientology scriptures known as the "Advanced Technology." RTC's copyright claims have led Judges Brinkema and Whyte to rule that each of the above-listed defendant's Internet postings violated RTC's copyrights. Such conduct has been enjoined. Judge Whyte also denied Netcom's request to have RTC's copyright claims against it, as an Internet access "provider," dismissed. Subsequently, RTC and Netcom settled their dispute; Netcom has considerably tightened its rules to avoid lending provider auspices to infringers and misappropriators. Although Judge Brinkema denied RTC's motion for a preliminary injunction on trade secret grounds, reasoning that Internet posting of certain, defined issues had ended their trade secret status, that ruling did not involve any of the NOTs issues which you are now threatening to acquire or post. Moreover, Judge Whyte (in Erlich) has, as of now, declined to rule that the trade secrets in various NOTs issues were impaired as a result of Internet postings and has undertaken further hearings on this very point. Even more recently, Judge Whyte declined to modify the trade secret injunctions against Ward and Henson, based on the latters' claim that the Internet posting of these issues vitiated their trade secret status. Judge Whyte indicated that he would soon be ruling on the impact of Internet postings on the trade secret status of these works. That ruling has not yet been issued. We write to you because of your recent opening of a Web-site at Carnegie Mellon soliciting RTC's NOTs materials and expressing the seeming intention to post them. Your past history, as the first person to post the so-called Fishman declaration to a Web-site (like conduct has been unequivocally determined to be a copyright violation, as to which the poster and a provider on notice would have liability), gave impetus to others to make echo postings that, at the very least, infringe RTC's copyrights. RTC is confident that you are aware that RTC objects to any infringement of its copyright in this material and that the genesis of unpublished materials outside any Church of Scientology is notorious thefts in Denmark and England, to which an article on your Web page refers. RTC does not desire to engage in litigation with you. Nor does it wish to impinge on your legitimate First Amendment rights. It does, however, insist that you respect its intellectual property rights. Toward that end, on its behalf we request that you now: 1. Cease soliciting copies of the NOTs materials and retract your solicitations (as to which there are two judicial actions, both of which enjoined individuals from soliciting or acquiring NOTs materials). 2. Turn over to this firm for safekeeping any and all copies of NOTs or portions of it that you have or control. 3. Make no disclosure, in whole or in part, of the NOTs materials in any media. 4. Remove the summaries of the NOTs works from your Web page and turn over to this firm for safekeeping all copies of those summaries that you have or control. 5. Cease posting, or accepting for posting on your Web page, any further materials that reproduce, in whole or in part, any of the contents of the NOTs materials. This letter is not intended as a complete statement of facts or RTC's claims of rights. It is intended to assure that in exercising your legitimate First Amendment rights you do not further infringe upon RTC's intellectual property. Very truly yours, [signed] Roger M. Milgrim RMM/ia cc: General Counsel, Carnegie Mellon University