Date: Mon, 26 Jan 1998 16:22:48 -0800
To: 100060.2672@Compuserve.Com
From: Donald Cox <coxd@slklaw.com>
Subject: Unauthorized Use of Scientology
SMALL LARKIN & KIDDE'
ATTORNEYS AT LAW
EIGHTEENTH FLOOR
10940 WILSHIRE BOULEVARD
LOS ANGELES, CALIFORNIA 90024-3945
TELEPHONE: (310) 209-4400
CABLE: SLK MARK _ TELEX: 49616151
E-MAIL: SLK@SLKLAW.COM
FACSIMILE: (310) 209-4450
January 26, 1998
Donald J. Cox, Jr.
Direct Dial: (310) 209-4424
E-Mail: COXD@SLKLAW.COM
Tilman Hausherr
Compuserve Account: 100060,2672
C/O CompuServe Inc.
5000 Arlington Centre Boulevard
Columbus, Ohio 43220
Re: Unauthorized Use of RTC Trademarks by
Compuserve Account No. 100060,2672
Dear Mr.Hausherr:
We represent Religious Technology Center, owner of the
trademarks of the Scientology religion, and Church of Scientology
International. We have been asked to contact you regarding
graphic image files displayed on your web site (printed copies
attached), and addressed through the URL:
http://ourworld.compuserve.com/homepages/tilman/images.htm
The term SCIENTOLOGY and the designs for SCIENTOLOGY
CROSS, DIANETICS Symbol, and SCIENTOLOGY Symbol are registered trademarks
and service marks of our clients. Our clients also
own the copyright in the image files depicting these marks which
may be viewed at the URL "http://www.scientology.org". The web
page that we retrieved from your web site contains image files
derived from copyrighted works obtained from our client's web
site. Your use of these materials violates the rights of our
clients, not only under state laws but also under federal
statutes pertaining to copyrights, trademarks and dilution.
Our clients hereby demand that you immediately remove
these images from all of your web sites, and that you immediately
cease creating web pages that infringe upon our client's
intellectual property rights.
Your prompt response and compliance are required if
legal proceedings are to be avoided. Unless we hear from you
regarding your compliance by January 29, 1998, we will assume
that further proceedings are necessary.
Sincerely,
Donald J. Cox, Jr.
DJC:cmw
Enclosures
cc: Kent D. Stockey
Hey dude,
I received your scurrilous letter. I don't know who you are and what you want, and maybe you're just one of the many spammers who annoy honest people on the internet, trying to sell their sleazy get-rich-quick schemes. You fail to explain what images you mean. You don't seem to be an attorney, not in Germany, and probably not in the US. If you're a janitor who hopes to be a real attorney some day and tries to impress his superiors by firing a few legal sounding letters - keep dreaming. I doubt you will ever be an attorney, because a real attorney would have heard of the cases "Campbell vs. Acuff-Rose Music" and "Leibovitz vs. Paramount". In both cases, courts have upheld the right of parody.
My suggestion: go to law school (this is where you study law). It is not too difficult - even some scientologists were able to succeed there.
The legal info is just for your information, since US law doesn't apply to me, as I am working under german law. To help you, just in case you got only a scientology education, "Germany" is a small country in Europe, and last time I looked, it was independent and has its own laws.
Tilman Xenu Hausherr
P.S.: Eat my body thetans.
Date: 28-Jan-98 16:40
Subject: HomePage Suspended
From: Our World Review OurWorldReview
To: Tilman Hausherr 100060,2672
------------------------------------------------------------------
Dear Member,
During the review process your Home Page was found to contain the
following:
SCIENTOLOGY, SCIENTOLOGY CROSS Symbol, DIANETICS Symbol and
SCIENTOLOGY Symbol.
It is our concern that the laws governing Copyright, Trademark and
the publishing of such material may be in question in regard to your Home
Page. Please send us assurances (OurWorldReview@compuserve.com) within 48
hours of receipt of this email, that you have permission to publish this
content, and you have sufficient rights to use it. Otherwise, please
consider removing any and all content which you do not have express
permission to publish. Failure to comply may result in the blocking of your
Home Page, which is permanent removal from Our World Domain.
For CompuServe's publishing guidelines, please visit the Our World
Publishing Rule page at:
http://ourworld.compuserve.com/ourworld/publish/pubrules.html.
As found in the Publishing Rules:
"No illegal copyright infringement or No fraudulent, illegal
business activities..." is allowed on or over the Service.
For further information you may GO RULES while online CompuServe.
As found in the Operating Rules, Sections 7.1.a & b, PROHIBITED CONDUCT.
"Member agrees not to upload, post or otherwise publish on or over
the Service, and not to seek on or over the Service, any software,
file, information, communication or other content... which violates or
infringes upon the rights of any other; (b) which, under the circumstances
and in CompuServe's good faith judgment, is, or is likely to be perceived
by an intended recipient or target as, defamatory, deceptive, misleading,
abusive, profane, offensive or inappropriate.
Please be considerate of these publishing guidelines, before uploading
your revised Home Page. Once you have re-uploaded your revised Home Page,
it will be available immediately.
Thank you in advance for you cooperation.
Regards,
Our World Review
My answer to OurWorldReview@compuserve.com:
>> During the review process your Home Page was found to contain the following:
SCIENTOLOGY, SCIENTOLOGY CROSS Symbol, DIANETICS Symbol and SCIENTOLOGY Symbol.
It is our concern that the laws governing Copyright, Trademark and the publishing of such material may be in question in regard to your Home Page. Please send us assurances (OurWorldReview@compuserve.com) within 48 hours of receipt of this email, that you have permission to publish this content, and you have sufficient rights to use it. Otherwise, please consider removing any and all content which you do not have express permission to publish. Failure to comply may result in the blocking of your Home Page, which is permanent removal from Our World Domain. <<
I do not need the permission, as parodies are protected by US law (which, as far as I know, apply to the state of Ohio too). I suggest you ask your legal counsel and have a look at "Campbell vs. Acuff-Rose" and "Leibovitz vs. Paramount". In both cases, courts did uphold the right of parody. Ask him this. This was widely reported in legal media.
(You do have a legal counsel, do you?)
The dispute between scientology and me is just that - a dispute between scientology and me. You're just the ISP. They have no case against you - in fact, the wannabe attorney who sent you the message was unable to mention which of the images infringes which trademark. Because there is nothing infringing there. You are simply helping scientology to stifle my freedom of speech, freedom to make fun of the criminal cult of scientology. This guy is probably not even an attorney at all, just someone using "legal size" paper.
I therefore ask you to reconsider your position. I am certainly willing to meet scientology in court.
Tilman
From: Our World Review, OurWorldReview TO: tilman, [100060,2672] DATE: 29.01.98 22:02 RE: HomePage Blocked Dear Member, Your CompuServe Our World Home Page has been blocked for noncompliance of the CompuServe User Agreement and Operating Rules, (GO RULES on CompuServe) as well as the Publishing Rules (http://ourworld.compuserve.com/ourworld/publish/pubrules.html). For further communication on this issue, all correspondence should be directed to ****, CompuServe's Our World Review Administrator. Our World Review
To: Blind.Copy.Receiver@compuserve.com Subject: HomePage Blocked From: **** Date: Fri, 30 Jan 1998 07:21:20 -0500 Tilman, I assure you that legal counsel has been consulted and they, as well as I, believe your site violates your CompuServe User Agreement and Operating Rules, especially in regards to the Scientology content. Our decision in regards to this matter stands. However, in the spirit of fairness, I have asked for independent review. Should that review change our opinion, I will notify you. ***** Our World