The Daily Free Press 26.1.1996 Copyright 1996 Back Bay Publishing BU trustee wins copyright lawsuit for Scientologists By Melissa Morris, Daily Free Press Staff Writer Boston University Board of Trustees Chairman Earle C. Cooley made history in the realm of Internet copyright law this week, winning a landmark case on behalf of the Church of Scientology that could begin to define the limits of First Amendment rights in cyberspace. Cooley has gained media attention for his dual role as a BU trustee and as an attorney who has represented the controversial Church of Scientology for 11 years. Last August, Cooley agreed to represent the Scientologists in a case involving freedom of speech on the Internet. The suit was filed by the Religious Technology Center against Arnaldo Lerma, 44, of Arlington, Va., who is a former member of the Church of Scientology. According to a statement released by the Church of Scientology, the RTC holds an exclusive copyright license for certain unpublished pieces of Church doctrine. Lerma, who posted several of the private documents on the Internet, was found guilty of "multiple acts" of copyright infringement, the Church press release stated. Lerma faces fines ranging from $500 to $100,000, according to Church spokeswoman Wendy Beccaccini. "We didn't bring this case to court to win money," Beccaccini said. "We brought charges to protect our copyright." On Aug. 12, a group of Scientologists and federal marshals conducted a three-hour raid on Lerma's home, confiscating his personal computer, hard drive, software and disks. Cooley, who oversaw the raid, has been subjected to closer media scrutiny since he agreed to represent the Church of Scientology, according to BU spokesman Kevin Carleton. Debate over the religious validity of the Church of Scientology has centered around its practice of allowing certain pieces of religious doctrine to be read only by veteran members. The Church defends this practice as key to the step-by-step process of accepting Scientology, said Kevin Hall, a spokesman for the Boston branch of the Church of Scientology. This controversy has been eclipsed only by the debate over the logistics of Internet copyright regulation‹ a vast gray area in the absence of significant legal precedent. "The freedom provided by the Internet is also open to abuse, and unless certain rules are applied on the Internet‹ as well as off it‹ we will not have global freedom of expression but rather cyberterrorism," the Church statement said. The Church pursued a lawsuit against Lerma to defend the policy and to protect its private teachings, said Debbie Blair, a spokeswoman for the Los Angeles, Calif. branch of the Church. "This case sets a terrific precedent for anyone who has copyright material," Hall said. "Previously, hackers could reach right in and do what they want. Now that's changed." A statement released by the Church of Scientology said Lerma pointed to the First Amendment in defense of his actions, claiming it was his constitutional right to publish the documents. But the church stood behind its rights to protect original, copyrighted material, Hall said. "An author by and large has the right to determine whether his words will be published or not, where they will be published, when, to whom and how much," Church literature reads. "Thus, intellectual property rights and free expression coexist." Cooley's involvement in the lawsuit bolstered the Church's stance on Internet copyright rights and set a precedent in the telecommunications industry, Blair said.