The letter below, from Scientologist/attorney Ava M. Paquette to Valerie Emmanuel's ISP (Interland), nicely demonstrates how the cult's lying and legal intimidation tactics work to get information removed from the Web. They routinely claim as copyright violations things which are clearly legal under "fair use". And they frequently get away with it. Interland responded to the letter by pulling Valerie's web site, but she switched ISPs and was back in action a few days later. Her site remains available at www.scientology-kills.org. ________________________________________________________________ Message-ID: <2d.13c20ba8.291c3f93@aol.com> From: AMPaquette@aol.com To: Bradlee Frazer Cc: AMPaquette@aol.com Subject: Notice of Infringement under the DMCA Date: Thu, 8 Nov 2001 13:05:39 -0700 X-Mailer: Internet Mail Service (5.5.2650.21) Dear Mr. Frazer: Yesterday I spoke with Mr. Steve Walcott of Interliant who informed me that Interliant had sold its web hosting services to Interland. He gave me your name and numbers as the DMCA Agent for Interland and said that he had forwarded my DMCA notice to you. I am also sending it to you via telefax and e-mail. Our office represents Religious Technology Center ("RTC"), the owner of the confidential Advanced Technology of the Scientology religion and the holder of exclusive rights under the copyrights applicable to the Advanced Technology materials. The Advanced Technology materials are confidential, unpublished, copyrighted works. RTC's works include, among others, the individual works comprising a level known as "OT III". These works are registered with the United States Copyright Office under registration number TXu 290 496. We also represent the Church of Scientology International ("CSI"), the owner of the copyrights to certain graphic image files utilized on CSI's Internet web site, at "www.scientology.org" and the owner of the copyrighted software program, "Scientology Online". I. Copyright Infringements. Please be advised that one of your subscribers, Valerie Emmanuel, has placed a substantial portion of one of RTC's OT III works and one of CSI's graphic image files and the work "Scientology Online" on your web site without the authorization of our clients in violation of United States copyright law. These copyrighted works can be found under the following URLs: http://scientology-kills.org/Alien_Tales/alien_tales.htm http://scientology-kills.org/baggy.jpg http://scientology-kills.org/ot3-data-1.gif http://scientology-kills.org/scienopage.htm Numerous permanent injunctions and awards of statutory damages and attorneys' fees have been entered regarding similar infringements. For instance, in May 1998, a jury in the United States District Court in San Jose, California awarded statutory damages in the amount of $75,000 against a Mr. Henson for engaging in similar infringing activities on the Internet as to one single copyrighted work. Statutory attorneys' fees were also awarded against Mr. Henson and, in addition, he is also permanently enjoined from committing any further infringements. A United States District Court in the state of Virginia granted judgment for damages, costs, and a permanent injunction related to similar copyright infringement. Permanent injunctions have also been entered in three additional U.S. cases. Similar results have been reached in Europe. On September 14, 1998, a Swedish court enjoined a defendant who engaged in similar infringements, in addition to finding that his actions in placing our client's copyrighted works on the Internet violated the owner's rights under Swedish copyright law. He was also fined for his illegal actions and ordered to pay litigation costs. The decision by the Swedish court was upheld on appeal in a decision issued on March 9, 2001. On June 9, 1999, a Dutch court found an individual and numerous Internet service providers had engaged in copyright nfringement by posting, or hosting, our clients' copyrighted works on their web sites. The court ruled that the service providers must remove such postings as soon as they are notified of them, subject to a monetary penalty for each day on which they do not comply II. Links to Infringing Materials In Violation of 17 U.S.C. 512(d) Ms. Emmanuel likewise links to a web site that Interliant had previously removed for copyright and trademark infringements, www.xenu.net, Mr. Heldal-Lund's web site. He attempted to place it on another United States web site where it was again removed for violations of copyright and trademark law. Mr. Lund now hosts his web page, containing all of the infringements, on a web site overseas. In this instance, I refer you to 17 U.S.C.  512(d) of the DMCA which provides that an internet service provider is protected from liability, "by reason of the provider referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, including a directory, index, reference, pointer, or hypertext link, if the service provider . . . (3) upon notification of claimed infringement . . . responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, except for purposes of this paragraph . . . the information [for notification] shall be identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link." 17 U.S.C. 512(d). See also, Universal City Studios, Inc. v. Reimerdes, 111 F.Supp.2d 294 (S.D.N.Y. 2000), where the court held that posting hyperlinks to other web sites that were in violation of the DMCA, itself violated the DMCA. Accordingly, your customer, Ms. Emmanuel's link to Mr. Lund's web site which contains numerous of our clients' copyrighted works and federally registered trademarks also violates United States copyright law. I have sent you a chart, setting forth each of Mr. Lund's infringements, via telefax. The link is Way To Find Out More and can be found under the URL: http://www.scientology-kills.org/dead.htm Pursuant to 17 U.S.C. 512(d) we request that Interland disable access to Mr. Lund's web site on Ms. Emmanuel web page. III. Unauthorized Use Of Federally Registered Trademarks RTC is also the owner of the trademarks and service marks of the Scientology religion. Your subscriber has also placed the following federally registered trademark belonging to RTC on her web page, without RTC's authorization: The "SCIENTOLOGY SYMBOL", which is registered with the United States Patent and Trademark Office under registration numbers 1,646,324; 1,727,436; 1,280,999 and 1,296,040. This federally registered trademark can be found under the following URL: http://scientology-kills.org/greekcourt.gif http://scientology-kills.org/5353/5353.htm Your subscriber has also placed the following federally registered trademarks belonging to RTC as metatags on all of her web pages: "Scientology" which is registered with the United States Patent and Trademark Office under registration numbers: 1540928, 1342353,1329474, 1318717, 1036997, 0898018, 1755441; "Dianetics" which is registered with the United States Patent and Trademark Office under registration numbers 1347651, 1366410, 1432039; "L. Ron Hubbard" which is registered with the United States Patent and Trademark Office under registration number 2832751; and "Religious Technology Center" which is registered with the United States Patent and Trademark Office under registration number Your subscriber's unauthorized use of RTC's trademarks creates a likelihood of confusion as to source or sponsorship of this web site, in violation of United States state and federal law, including the Lanham Act, 15 U.S.C. section 1015 et seq., and various state and foreign laws. These federally registered trademarks, are unique, distinctive and famous. Your subscriber's use of these marks dilutes and tarnishes the distinctiveness of the marks by improper negative associations inconsistent with the positive and spiritual accomplishments and humanitarian efforts of the Scientology religion in violation of the federal trademark antidilution statute, 15 U.S.C.  1125(c)and California's antidilution statute. See, Archdiocese of St. Louis v. Internet Entertainment Group, Inc., 34 F. Supp.2d 1145 (E.D. Mo. 1999); Mattel, Inc. v. Internet Dimensions, Inc., 55 U.S.P.Q.2d 1620S.D.N.Y.2000); Deere & Co. v. MTD Products, Inc., 41 F.3d 39, 43 (2nd Cir. 1994). Moreover, CSI and RTC are non-profit religious organizations. CSI and ts sub-licensees use the federally registered trademarks referenced above in connection with providing religious and humanitarian services, seminars, books, classes, and lectures, among others. Many of these are promoted through various web sites, including "scientology.org", "dianetics.org",etc. In contrast, the web page that Ms. Emmanuel now maintains on Interland's web site is an anti-Scientology web page. As discussed here, while Ms. Emmanuel is entitled to express her views, she cannot use our client's federally registered trademarks to do so. In this connection, recent case law has held that "[t]he nature of the Internet indicates that establishing a typical home page on the Internet, for access to all users, would satisfy the Lanham's Act's "in commerce" requirement." Christian Science Board of Directors of the First Church of Christ, Scientists v. Robinson, 123 F.Supp.2d 965 (W.D.N.C. 2000). Use of another'strademarks are a "commercial use" where it is "designed" to harm another's organization commercially by disparaging it. Christian Science Board, supra. Commerce for purposes of the Act emcompasses non-profit services. Id. Additionally, using another's registered trademark as a "metatag" as a means of covertly diverting Internet searchers and individuals away from the trademark owner's web site, violates the law. Brookfield Communication, Inc. v. West Coast Entertainment Corporation, 174 F.3d 1036 (9th Cir. 1999). IV. Violations of Interland's Terms of Service, No. 3.d.xiii Lastly, you know that our country is at war at this time, arising outof acts byrenegade fanatics who have altered and misused the Muslim religion as their justification to do violence. Ms. Emmanuel's web page under the name "scientology-kills" is not only libelous and defamatory, which violates No.3.d.xiii of Interland's Terms of Service, it is the very thing in this current wartime climate that needlessly adds to the disharmony of the times, and, as we see on the news, can even create violence against innocent persons (including children) solely because of their religious beliefs. Indeed, Ms.Emmanuel's home page at www.scientology-kills, has the trademark "Scientology" with the word "Kills" dripping in red over it, clearly a message intended to incite violence and hate against others because of their religious beliefs. V. Summary This is not the first time, Ms. Emmanuel has placed our client's copyrighted works on her web page. She has received notices on two prior occasions through a different ISP, yet continues her infringing activity. Accordingly, based upon all of the foregoing, we request that Ms. Emmanuel's web page be terminated for her misuse of Interland's services in this manner. I have a good faith belief, and in fact know for certain, that the posting of the copyrighted works by your subscriber on her web page was not authorized by my clients, any agent of my clients, or the law. I declare under penalty of perjury that this information is accurate and that I am authorized to act on behalf of RTC and CSI in this matter. Sincerely, Ava Paquette Moxon & Kobrin 3055 Wilshire Boulevard Suite 900 Los Angeles, California 90010 Tel: (213) 487-4468 Fax: (213) 487-5385