Return-Path: Received: from CS.CMU.EDU by B.GP.CS.CMU.EDU id aa28250; 25 Mar 96 16:36:44 EST Received: from netcom12.netcom.com by CS.CMU.EDU id aa11402; 25 Mar 96 16:36:06 EST Received: by netcom12.netcom.com (8.6.13/Netcom) id NAA00743; Mon, 25 Mar 1996 13:36:02 -0800 Date: Mon, 25 Mar 1996 13:36:00 -0800 (PST) From: Helena Kobrin Subject: Temporary Restraining Order on Grady Ward and Scamizdat To: dst+@cs.cmu.edu cc: wactlar@wactler.fac.cs.cmu.edu Message-ID: MIME-Version: 1.0 Content-Type: TEXT/PLAIN; charset=US-ASCII Dear Mr. Touretzky, I have seen your posting soliciting copies of the NOTs pack to be sent to you. You are apparently under the mistaken impression that it is possible to obtain a "legal" copy of these materials. This is false. The only way that these materials have *ever* left the custody of the few advanced Scientology churches which are licensed to have them is through outright *theft* for which the thief was arrested, convicted, and served time in jail in Denmark. In suits brought subsequent to that theft, courts ordered all copies of those materials to be turned in to the courts. If anyone still has a copy of those materials, it is the fruit of that theft and in violation of those court orders. There is no *legal* copy of these materials in existence. You are hereby put on notice that because these materials are protected not only under copyright, but also trade secret law, your *solicitation* of these materials is in violation of the law, as would be your disclosure of them to others by whatever means. By your solicitation, you are also inducing violation of the law by others. I am including at the end of this message the notice that I posted to several newsgroups on March 22, 1996, containing the TRO that was issued by the United States District Court for the Northern District of California on March 21, 1996 against Grady Ward and those acting in concert with him. I repeat here that you are on notice of this TRO. If you engage in actions prohibited by this TRO, you do so at your peril. While we would rather not have to litigate, we will take all necessary legal actions to protect these intellectual properties. Sincerely, Helena Kobrin NOTICE TO READERS: On March 6, 1996, Grady Ward posted a message to the Internet soliciting a NOTs pack. In a later posting, Ward indicated his intention for SCAMIZDAT to post the contents of that pack to this and the other newsgroups this message has been cross-posted to. SCAMIZDAT has made similar threats. The materials known as New Era Dianetics for Operating Thetans, or "NOTs" are confidential, unpublished works, protected by both copyright and trade secret law. The purpose of this posting is to inform you that on March 21, 1996 at 5:12 p.m., Judge Ronald M. Whyte of the United States District Court for the Northern District of California issued the following Temporary Restraining Order against Ward and SCAMIZDAT prohibiting them and anyone in active concert or participation with them from, among other things, acquiring, reproducing, displaying these materials. The full text of this Temporary Restraining Order is below. Pursuant to Rule 65(d) of the Federal Rules of Civil Procedure the form and scope of Injunction or Restraining Order are: Every order granting an injunction and every restraining order shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and is binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys; and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise. By this electronic communication, you are being formally placed on notice of the above order and its terms. As Ward and SCAMIZDAT have solicited copies of the NOTs materials, your attention is specifically called to the fact that the order specifically prohibits, among other things, the acquisition of the NOTs materials. Thomas R. Hogan, SBN 042048 THE LAW OFFICES OF THOMAS R. HOGAN 60 South Market Street, Suite 1125 San Jose, CA 95113-2332 (408) 292-7600 Roger M. Milgrim William M. Hart PAUL, HASTINGS, JANOFSKY & WALKER 399 Park Avenue Thirty-first floor New York, New York 10022-4697 (212) 318-6000 Helena K. Kobrin, SBN 152546 7629 Fulton Avenue North Hollywood, CA 91605 (213) 960-1933 Attorneys for Plaintiff RELIGIOUS TECHNOLOGY CENTER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA RELIGIOUS TECHNOLOGY CENTER, a California non-profit corporation, Plaintiff, v. GRADY WARD, an individual, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION To Defendant GRADY WARD, his officers, agents, servants, employees, and attorneys, and to those persons in active concert or participation with him, including, but not limited to SCAMIZDAT: Upon reading the Complaint on file in this action, the Ex Parte Application for a Temporary Restraining Order and for Order to Show Cause Re Preliminary Injunction, the Memorandum of Points and Authorities, and the Declarations of Helena K. Kobrin and Warren McShane and Exhibits in support thereof, it appears to the satisfaction of this Court that there is good cause, and this is a proper case, for granting a temporary restraining order. Pursuant to Rule 65(d) of the Federal Rules of Civil Procedure, the Court finds as follows: 1. Plaintiff has established that it is probable that plaintiff will prevail at trial on the merits of their claims for relief against defendant; and 2. There is a likelihood that plaintiff will be irreparably injured if this temporary restraining order is not granted; or 3. Plaintiff has raised serious questions; and 4. The balance of hardship tips sharply in plaintiff's favor in that the hardship to defendant if this temporary restraining order is granted is outweighed by the hardship to plaintiff if it is not granted. YOU ARE HEREBY ORDERED TO SHOW CAUSE at 9:00 a.m. on March 29, 1996, or as soon thereafter as counsel may be heard in the courtroom of the Honorable Ronald M. Whyte, located at 280 South First Street, San Jose, California 95113, why you, your agents, servants, employees, partners, privies and attorneys, and all persons acting or purporting to act under your authority, direction or control, and all persons in active concert or participation with you, or acting on your behalf, including, but not limited to SCAMIZDAT, having advance notice of this Order should not be enjoined during the pendency of this action from: 1. directly or indirectly, in whole or in part, publishing, reproducing, distributing, performing, or creating derivative works based upon the works listed in Exhibit C to the Complaint, also attached hereto ("Exhibit C Works"), or any of them, in any media now known or hereafter developed in any time, place or fashion, and in particular, from engaging in any such acts in, on, or in connection with any computer, database, information service, electronic bulletin board service, network, storage facility, or archives, or other electronic or computer device, service, network or facility, including, without limitation, the transmitting or loading of any such materials onto, or downloading any copies thereof from any such device, service, network or facility and that all such copies which defendant, his agents, servants, employees, partners, privies, and attorneys and those in active concert or participation with them have caused to be copied or copied onto any such device, service, network, or facility be removed. 2. directly or indirectly, engaging in the further unauthorized disclosure, or display, of the Exhibit C Works, or portions thereof (excluding for purposes of this Order only NOTs Series issues 1, 24, 34, 35, 36 and 42 which are also the subject of other pending litigation), and specifically from disclosing, displaying, transmitting or otherwise loading any of the Advanced Technology materials, or portions thereof, in any media now known or hereafter developed in any time, place or fashion, or onto any computer, database, information service, electronic bulletin board service, network, storage facility, or archives, or other electronic or computer device, service, network or facility and that all such copies which defendant, his agents, servants, employees, partners, privies, and attorneys and those in active concert or participation with them have caused to be copied or copied onto any such device, service, network, or facility be removed; 3. directly or indirectly, engaging in the further unauthorized solicitation and/or acquisition, the Exhibit C Works, or portions thereof (excluding for purposes of this Order only NOTs Series issues 1, 24, 34, 35, 36 and 42 which are also subject to other pending litigation), and specifically from soliciting, acquiring, seeking to acquire, or otherwise downloading any of the Advanced Technology materials, or portions thereof (excluding for purposes of this Order only NOTs Series issues 1, 24, 34, 35, 36 and 42 which are also subject to other pending litigation), from any media now known or hereafter developed in any time, place or fashion, or from any computer, database, information service, electronic bulletin board service, network, storage facility, or archives, or other electronic or computer device, service, network or facility and that all such copies which defendant, his agents, servants, employees, partners, privies, and attorneys and those in active concert or participation with them have caused to be copied or copied from any such device, service, network, or facility be removed; 4. directly or indirectly destroying, altering or concealing, or in any way disposing of, any reproduction, copy, facsimile, excerpt, or derivative of any work of L. Ron Hubbard that is in defendant's possession, custody or control, in whole or in part, including, but not limited to, those materials located in any so-called "off-site" storage areas, electronic or otherwise, or otherwise despoiling or causing the despoliation, or alteration of any evidence, in whole or in part, in any form, place or media relating to defendant's conduct complained of in this action; and 5. causing or inducing any other person to engage in any of the foregoing prohibited acts; and, 6. filing with the Court, except under seal, any documents that contain any of the Advanced Technology. PENDING HEARING on the above Order to Show Cause, you, your agents, servants, employees, partners, privies and attorneys, and all persons acting or purporting to act under your authority, direction or control, and all persons in active concert or participation with you, or acting on your behalf, including, but not limited to SCAMIZDAT, having advance notice of this order ARE HEREBY RESTRAINED AND ENJOINED from: 1. directly or indirectly, in whole or in part, publishing, reproducing, distributing, performing, or creating derivative works based upon, the Exhibit C Works, or any of them, in any media now known or hereafter developed in any time, place or fashion, and in particular, from engaging in any such acts in, on, or in connection with any computer, database, information service, electronic bulletin board service, network, storage facility, or archives, or other electronic or computer device, service, network or facility, including, without limitation, the transmitting or loading of any such materials onto, or downloading any copies of them from any such device, service, network or facility and that all such copies which defendant, his agents, servants, employees, partners, privies, and attorneys and those in active concert or participation with them have caused to be copied or copied onto any such device, service, network, or facility be removed. Nothing in this paragraph 1 shall be construed to prohibit fair use of such works, as set forth in 17 U.S.C.  107. 2. directly or indirectly, engaging in the further unauthorized disclosure, or display, of the Exhibit C Works, or portions thereof (excluding for purposes of this Order only NOTs Series issues 1, 24, 34, 35, 36 and 42 which are also the subject of other pending litigation), and specifically from disclosing, displaying, transmitting or otherwise loading any of the Advanced Technology materials, or portions thereof (excluding for purposes of this Order only NOTs Series issues 1, 24, 34, 35, 36 and 42 which are also the subject of other pending litigation), in any media now known or hereafter developed in any time, place or fashion, or onto any computer, database, information service, electronic bulletin board service, network, storage facility, or archives, or other electronic or computer device, service, network or facility and that all such copies which defendant, his agents, servants, employees, partners, privies, and attorneys and those in active concert or participation with them have caused to be copied or copied onto any such device, service, network, or facility be removed. (The fair use defense is not applicable to this paragraph, as it is based upon plaintiff's contention that the documents are protectable as trade secrets.) 3. directly or indirectly, engaging in the further unauthorized solicitation and/or acquisition, of the Exhibit C Works, or portions thereof (excluding for purposes of this Order only NOTs Series issues 1, 24, 34, 35, 36 and 42, which are also the subject of other pending litigation), and specifically from soliciting, acquiring, seeking to acquire, or otherwise downloading any of the Advanced Technology materials, or portions thereof (excluding for purposes of this Order only NOTs Series issues 1, 24, 34, 35, 36 and 42 which are also the subject of other pending litigation), from any media now known or hereafter developed in any time, place or fashion, or from any computer, database, information service, electronic bulletin board service, network, storage facility, or archives, or other electronic or computer device, service, network or facility and that all such copies which defendant, his agents, servants, employees, partners, privies, and attorneys and those in active concert or participation with them have caused to be copied or copied from any such device, service, network, or facility be removed; 4. directly or indirectly destroying, altering or concealing, or in any way disposing of, any reproduction, copy, facsimile, excerpt, or derivative of any work of L. Ron Hubbard that is in defendant's possession, custody or control, in whole or in part, including, but not limited to, those materials located in any so-called "off-site" storage areas, electronic or otherwise, or otherwise despoiling or causing the despoliation, or alteration of any evidence, in whole or in part, in any form, place or media relating to defendant's conduct complained of in this action; and 5. causing or inducing any other person to engage in any of the foregoing prohibited acts; and, 6. filing with the Court, except under seal, any documents that contain any of the Advanced Technology. The above Temporary Restraining Order is effective on Plaintiff's filing an undertaking in the sum of $10,000. This Order to Show Cause and supporting papers must be served on Defendant no later than Friday, March 22, 1996, and proof of service shall be filed no later than March 27, 1996. Any response or opposition to this Order to Show Cause must be filed and personally served on Plaintiff's counsel no later than March 27, 1996, and proof of service shall be filed no later than March 27, 1996. DATED: 3/21/96 Ronald M. Whyte UNITED STATES DISTRICT JUDGE Issued on 3/21/96 at 5:12 p.m. Ronald M. Whyte EXHIBIT C NOTs Series Registration Number HCOB 15 SEPTEMBER 1978 ISSUE I TXu 257 326 NED FOR OTS SERIES 1 HCOB 15 SEPTEMBER 1978 ISSUE II TXu 257 326 NED FOR OTS SERIES 2 HCOB 15 SEPTEMBER 1978 ISSUE III TXu 257 326 NED FOR OTS SERIES 3 HCOB 26 SEPTEMBER 1978 ISSUE I TXu 257 326 NED FOR OTS SERIES 4 HCOB 26 SEPTEMBER 1978 ISSUE I TXu 257 326 ATTACHMENT #1 HCOB 26 SEPTEMBER 1978 ISSUE I TXu 257 326 ATTACHMENT #2 HCOB 22 SEPTEMBER 1978 ISSUE II TXu 257 326 NED FOR OTS SERIES 5 HCOB 17 SEPTEMBER 1978 ISSUE V TXu 257 326 NED FOR OTS SERIES 6 HCOB 17 SEPTEMBER 1978 ISSUE I TXu 257 326 NED FOR OTS SERIES 7 HCOB 30 SEPTEMBER 1978 ISSUE I TXu 257 326 NED FOR OTS SERIES 8 HCOB 15 SEPTEMBER 1978R ISSUE IV TXu 257 326 NED FOR OTS SERIES 9R REVISED 13 FEBRUARY 1981 HCOB 16 SEPTEMBER 1978 ISSUE IV TXu 257 326 NED FOR OTS SERIES 10 HCOB 30 SEPTEMBER 1978 ISSUE II TXu 257 326 NED FOR OTS SERIES 11 HCOB 16 SEPTEMBER 1978 ISSUE II TXu 257 326 NED FOR OTS SERIES 12 HCOB 30 SEPTEMBER 1978 ISSUE III TXu 257 326 NED FOR OTS SERIES 13 HCOB 17 SEPTEMBER 1978 ISSUE III TXu 257 326 NED FOR OTS SERIES 14 HCOB 21 SEPTEMBER 1978 TXu 257 326 NED FOR OTS SERIES 15 HCOB 17 SEPTEMBER 1978 ISSUE II TXu 257 326 NED FOR OTS SERIES 16 HCOB 28 SEPTEMBER 1978 ISSUE I TXu 257 326 NED FOR OTS SERIES 17 HCOB 20 SEPTEMBER 1978 ISSUE IV TXu 257 326 NED FOR OTS SERIES 18 HCOB 23 SEPTEMBER 1978 ISSUE II TXu 257 326 NED FOR OTS SERIES 19 HCOB 28 SEPTEMBER 1978 TXu 257 326 NED FOR OTS SERIES 20 HCOB 26 SEPTEMBER 1978 ISSUE III TXu 257 326 NED FOR OTS SERIES 21 HCOB 26 SEPTEMBER 1978 ISSUE IV TXu 257 326 NED FOR OTS SERIES 22 HCOB 28 SEPTEMBER 1978 ISSUE II TXu 257 326 NED FOR OTS SERIES 23 HCOB 28 SEPTEMBER 1978 ISSUE I Txu 257 326 NED FOR OTS SERIES 24 HCOB 28 SEPTEMBER 1978 ISSUE II TXu 257 326 NED FOR OTS SERIES 25 HCOB 28 SEPTEMBER 1978R ISSUE I TXu 257 326 REVISED 2 MARCH 1979 NED FOR OTS SERIES 26R HCOB 1 NOVEMBER 1978 ISSUE II TXu 257 326 NED FOR OTS SERIES 27 HCOB 4 OCTOBER 1978 TXu 257 326 NED FOR OTS SERIES 28 HCOB 4 OCTOBER 1978 ATTACHMENT TXu 257 326 HCOB 5 OCTOBER 1978 TXu 257 326 NED FOR OTS SERIES 29 HCOB 26 SEPTEMBER 1978 ISSUE II TXu 257 326 NED FOR OTS SERIES 30 HCOB 16 SEPTEMBER 1978 ISSUE III TXu 257 326 NED FOR OTS SERIES 31 HCOB 29 OCTOBER 1978 ISSUE II TXu 257 326 NED FOR OTS SERIES 32 HCOB 11 NOVEMBER 1978 TXu 257 326 NED FOR OTS SERIES 33 HCOB 14 NOVEMBER 1978 TXu 257 326 NED FOR OTS SERIES 34 HCOB 29 OCTOBER 1978 ISSUE III TXu 257 326 NED FOR OTS SERIES 35 HCOB 22 SEPTEMBER 1978 ISSUE I TXu 257 326 NED FOR OTS SERIES 36 HCOB 27 OCTOBER 1978 TXu 257 326 NED FOR OTS SERIES 37 HCOB 7 NOVEMBER 1978 TXu 257 326 NED FOR OTS SERIES 38 HCOB 29 OCTOBER 1978 ISSUE I TXu 257 326 NED FOR OTS SERIES 39 HCOB 15 NOVEMBER 1978 TXu 257 326 NED FOR OTS SERIES 40 HCOB 11 DECEMBER 1978 ISSUE I TXu 257 326 NED FOR OTS SERIES 41 HCOB 11 DECEMBER 1978 ISSUE II TXu 257 326 NED FOR OTS SERIES 42 HCOB 31 JANUARY 1979 TXu 257 326 NED FOR OTS SERIES 43 HCOB 9 FEBRUARY 1979 ISSUE II TXu 257 326 NED FOR OTS SERIES 44 HCOB 10 FEBRUARY 1979 TXu 257 326 NED FOR OTS SERIES 45 HCOB 22 FEBRUARY 1979 TXu 257 326 NED FOR OTS SERIES 46 HCOB 27 OCTOBER 1978 TXu 257 326 NED FOR OTS SERIES 47 HCOB 20 DECEMBER 1978 TXu 257 326 NED FOR OTS SERIES 48 HCOB 12 JANUARY 1979 TXu 257 326 NED FOR OTS SERIES 49 HCOB 30 JANUARY 1979 TXu 257 326 NED FOR OTS SERIES 50 HCOB 31 JANUARY 1980 TXu 257 326 NED FOR OTS SERIES 51 HCOB 24 MAY 1980 TXu 257 326 NED FOR OTS SERIES 52 HCOB 26 MAY 1980 TXu 257 326 NED FOR OTS SERIES 53 HCOB 14 FEB 1981 TXu 257 326 NED FOR OTS SERIES 54 HCOB 22 DEC 1979 TXu 257 326 REISSUED 20 SEPT 1980 QUAL CORRECTIVE ACTIONS ON OTS SERIES 29