Volume 0, Issue 10 vom 6/24/95

Alt.religion.scientology Week in Review
Volume 0, Issue 10
6/24/95
by Rod Keller [rkeller@netaxs.com]
copyright 1995

1. San Jose Hearing
2. Chris Miller Update
3. Department of Obfuscation
4. Incomm Forms
5. Radio, Radio
6. Spain

Alt.religion.scientology Week in Review summarizes the most significant
postings from the Usenet group Alt.religion.scientology for the preceding
week for the benefit of those who can't follow the group as closely as
they'd like. Out of thousands of postings, I attempt to include news of
significant events, new affidavits, court rulings, new contributors,
whatever. I hope you find it useful. Like many readers of a.r.s, I have a
kill file. So please take into consideration that I may not have seen some
of the most significant postings. 

The articles in A.r.s Week in Review are brief summaries of the articles. 
Many include an excerpt, and all include message IDs for the articles I
cover. This may or may not be useful to you, depending on how long your
site stores articles in the newsgroup before expiring them. 

A.r.s Week in Review is available free, by e-mail and is archived at 

http://amazing.cinenet.net/scientology.html
and at    

http://www.isp.net/~jdiver/scieno.html

#####

San Jose Hearing

Dennis Erlich, Tom Klemesrud, Netcom and the cos had a preliminary hearing
this week to present a series of motions to Judge Whyte. 

The motions included:

"Motion for Preliminary Injunction against me [Dennis] and reinstatement
of TRO (PI?) against Tom and Netcom. 

Motion for sanctions against Carla Oakley of MoFo for including LA Times,
St.  Pete Times, Forbes Mag, et. al., articles describing the OT3
Wall-o-fire, in one of her unsealed filings. 

Several motions for finding me in contempt for postings, etc., since the
raid. 

Motion to vacate Writ of Seizure and return all materials confiscated to
me.  Would include personal items such as bank statement, demo tape of my
songs and 2 rolls of film taken of every nook and cranny of my house
during the raid.  (the pictures used in the KSW issue)

Motion to lift Temporary Restraining order and restore my Constitutionally
guaranteed rights to comment and criticize the church  for which I
was ordained a minister, using the materials I was trained on. 

Raise the bond that the scienos had to submit to carry of the raid from
$25000 to $100000." 

Raskolnikov posted an extensive blow-by-blow summary of the arguments. 
First, highlights from the cos. 

"Cooley basically ran himself out of time with his dramatic arguing and
somewhat exaggerated characterizations. They spent so much time insisting
that netcom and Klemesrud had knowingly assisted in copyright infringement
(and in violating trade secrets, depending on their shifting argument)
That they had a mere 1 1/2 minutes left to argue for holding Dennis Erlich
in contempt of court (on three counts). 

Tom Small [plaintiff attorney] argued against Fair Use as a defense for
netcom, Klemesrud, and Erlich. He changed the argument from one of
copyright issues to one of trade secrets, and then tried to mix the two. 
He said that the materials posted by Mr. Erlich were both copyrighted and
unpublished trade secrets of the church. There is such thing as fair use
of trade secrets, he argued, and that any infringement of trade secrets is
unacceptable. Mr. Small also claimed that Dennis published 'bootlegged' or
unauthorized copies of this material, rather than simply excerpting from a
legitimate copy of said material. There is no such thing as fair use of a
bootlegged copy of copyrighted works, according to Mr.  Small. 

He [cos attorney Cooley] characterized the arguments of Rice and Leipold
as 'devil made me do it' arguments, where someone was helpless to stop a
subscriber who was clearly abusing their system. He also mentioned Grady
Ward by name, and accused the anonymous and pseudonymous posters to ARS of
trying to impose anarchy on the net by repeatedly reposting copyrighted
'trade secrets' of the church and thereby make a mockery of the church's
rights." 

And highlights of arguments from Dennis' defense team.

"The Church's unpublished documents are not trade secrets. Unlike a real
trade secret, the church does not have any idea how many people have
access to their trade secrets. 

Many of these 'trade secrets' have been published and publicly
disseminated on the 'net. [not by dennis that is. Also, does putting this
stuff together for OT levels constitute 'publishing' the material? Has the
church unwittingly published their trade secrets?]
                   
Also, these some of these 'trade secrets' are a matter of public record,
such as the Fishman declaration

McElhinny started to quote from a published St. Petersburg times article
that said the very same things Dennis did, when suddenly Cooley lept up
and objected. It was hard to tell what Cooley's argument was, as he
floated between accusing McElhinny of trying a publicity stunt to smear
scientologists to objecting that they were trade secrets. When asked by
the Judge if this article contained trade secrets, Cooley hemmed and hawed
but eventually said that that was not his objection, rather that it was a
stunt so that other nasty newspaper articles could be published to offend
the religious sensibilities of scientologists. 

When he was all done, Judge Whyte responded that he did not understand
what Cooley was all upset about. Cooley got rather quiet after that, and
let McElhinny continue. 

After quoting the St. Petersburg times article, he then went on and quoted
the same information in a Time magazine expose of the cult from 1991. The
argument was, if these articles are not a violation of trade secrets
and/or copyright, then how can the court hold Dennis in contempt for
saying the same thing they did?" 

Message-ID: <9506201120.0FXDJ01@support.com>
            <1995Jun24.025121.46911@miavx1>
            <1995Jun24.050022.46913@miavx1>

#####

Chris Miller Update

Chris Miller this week defended his/her postings on soc.women, which
raised questions over the ethics of Dennis Erlich's legal representation.
A.r.s posters have questioned Chris about the existence of an alleged
daughter who works for Morrison & Foerster. 

"Trying to cause trouble for my daughter are you? Well that figures. Do
you ever work Newman?" 

And this non-response:

"My post stands for itself. If you don't like it, that's your problem."

Message-ID: <3s763u$m39@covina.lightside.com>
            <3sd77p$3rp@covina.lightside.com>

#####

Department of Obfuscation

The following LRH excerpt was posted from The Phoenix Lectures this week.

"Now here is the most fundamental fundamental that there can be
fundamental below the level of consideration. I haven't written very much
about considerations. There really isn't very much to say about the
subject of consideration. If anyone is confused on the subject it is
because consideration is consideration so that if you consider something
which is considerable, why--you have considered it." 

Message-ID: <3s2qop$hic@newton.texel.com>

#####

Incomm Forms

The Squirrelle posted excerpts from some internal cos forms he finds
himself in possession of. 

"Staff Requesting to Leave...  

This ones a series of steps, the first four to see why he wants to leave,
including a little application of the tech where required - interviews for
PTSness and a few handlings along the way. Oh, and an HCO Confessional. 
No use accepting he just wants to leave. 

Quoting section 2b 'Have the staff member read HCO PL 7 Dec 76 Leaving and
Leaves so he knows fully that he is not to communicate to others
concerning his desire to leave.' we can all see that LRH didn't want
others to get the same idea too quickly!" 

Message-ID: <174321Z22061995@anon.penet.fi>

#####

Radio, Radio

Dave Hultberg posted a summary of the radio frequencies assigned to the
cos. I think the 20 frequencies assigned in Gilman Hot Springs lends
credence to the accounts we've read of the heavily armed nature of this
base/prison camp.  here's the frequencies for that area: 

461.6500 463.7750 463.7750 464.4250 464.5250 464.5250 464.7750 464.7750
464.8250 464.8250 464.9250 464.9250 466.6500 466.6500 467.7750 467.8750
467.9000 469.4250 469.7750 469.7750

Message-ID: <3s4755$pin@news.fmso.navy.mil>

#####

Spain

An update on the charges against cos executives in Spain was posted this
week. 

"In November of 1988, Heber Jentszch, president of the Church of
Scientology International was detained along with 69 other Scientology
officials. He was then arrested and imprisoned for approximately 30 days
and later released on bail of close to one million dollars. He is now
required to return to face the charges made by the state attorney in this
case when it comes to trial. 
 
The scientologists face over 100 complaints ranging from fraud and
coercion to illicit organization. The State Attorney will charge them with
approximately 90 different illegal acts. 
 
Another named party in the case is the now head of the Office of Special
Affairs or OSA, Mr. Kurt Weiland. Weiland, the object of a search and
detention order by the Spanish police in 1983, was connected at that time
to an alleged kidnapping as well as acts against dissident Scientologists
in that country. It is also doubted that Weiland will present himself at
the time of the trial as he has been named as a principal missionaire
involved in some of the alleged illicit acts which caused the case to be
opened. 
 
A date for the trial has not yet been established.

Message-ID: <3s276k$rc7@newsbf02.news.aol.com>