From news.interserv.net!news.sprintlink.net!in1.uu.net!world!indra.com!news.coop.net!boulder!tali.UCHSC.edu!chris Thu Sep 14 09:46:05 1995
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From: chris@eris.uchsc.edu (Chris Yoder)
Newsgroups: alt.religion.scientology,co.general,co.politics,boulder.general,cu.general
Subject: Denver Post Article Detailing Co$ Major Loss in Factnet Case
Date: 13 Sep 1995 19:57:29 GMT
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	OK, Folks.  Here it is, the article you've all been waiting for.  
The Denver Post Article that details how Judge Kane Blew the Co$ ass out 
of the water.  This is the good stuff.  People will be dancing in the 
streets. I type it in by hand, so typos are probably mine, which is 
better than OCR mistakes, I guess.
- -------------------------------8<-----------------------------------

The Denver Post September 13, 1995
Section B-1 Above the Fold.

Headline: Scientologists lose in court.
Sub Headline: Materials must be returned.

By Peter G. Chronis
Denver Post Staff Writer.

	The Church of Scientology lost its federal court battle yesterday 
against a former member whose materials were seized in a raid last month.
	US District Judge John Kane ordered the immediate return of 
computer equipment and other items that federal marshals seized Aug. 22  
from Lawrence Wollersheim, a former Scientologist who has become a critic 
of the religion. Wollersheim claimed that the names of alleged victims of 
the church were on the computer disks.
	Wollersheim, of Boulder, ran a computerized "library" on 
religious cults. The Church of Scientology had accused Wollersheim and 
Bob Penney of Niwot, also a former Scientologist, of illegally posting 
copyrighted, confidential church teachings on the Internet to discredit 
the church, founded by the late science-fiction writer L. Ron Hubbard.
	Among Kane's findings.
	-The plaintiffs didn't show a likelihood that they would succeed 
on their claims of copyright and trade-secret violations. Rather, Kane 
said, it appeared the defendants were covered by the "fair use" provision 
of the copyright law, which allows use of copyrighted materials for 
"criticism, comment, or research."
	-The Scientologists hadn't presented evidence that the materials 
are a trade secret under Colorado law.
	There was no showing of "irreparable injury." The defendants 
weren't using the materials commercially, and the church wouldn't suffer 
a competitive disadvantage. "The threat of injury to the plaintiffs does 
not outwegh the harm to the defendants," Kane said. But there was showing 
of potential harm and injury by prohibiting the function-

Please see COURT on 3B

Page 3B
Headline: Ex-Scientologis vows to make church 'suffer'
COURT from 1B

ing of FACT Net, Wollersheims's business.
	Kane's ruling in "only the beginning," said Willersheim. "We will 
stand up to them. What they did was outrageous. They raided a library and 
archive on false premises. Now they're going to have to suffer the 
consequences."  He bowed to file countersuits.
	After the rulling, Scientology attorney Earle Cooley asked that 
the decision be delayed, pending an appeal to the 10th US Circuit Court 
of Appeals. Kane refused, saying it would "cause the harm" to Wollersheim 
he was trying to avoid.
	"We will seek relief from the 10th Circuit, I'll tell you that," 
Cooley said as he left the courtroom. "It's totally wrong. It's not a 
reflection of the law. In fact, it overlooks controlling law." Colley 
also said Wollersheim had nver collected money from any of his lawsuists 
against the church.
	No more copies
	Kane's order also barred Wollersheim from making more copies of 
the supposedly secret Scientology materials. Wollersheim had argued that 
if the computer gear and other items weren't returned, the FACTNet 
service would cease to exist.
	The church had aked Kane to bare the return of the seized items 
pending outcome of a trial.
	Kane prefaced his decison by noting that the preliminary 
injunction requested by the church is "an extraordinary remedy which by 
its emergency nature does not afford the cour the opportunnity for ... 
the deliberative process of a full-fledged trial."
	Judge Cautious
	That's one reason that the decision of wether or not to issue and 
injunction requires "the utmost caution and prudence," Kane continued. 
Issuing an injunction is "a power best used sparingly," similar to the 
contempt citation.
	A preliminary injunction is intended to "preserve the status quo 
ante," or last existing state, he said.
	"The public interest is served best by the free exchange of 
ideas," Kane said. "To issue the injunction sought will not serve the 
public interest. The plaintiffs have not shown a likelihood of success. 
The plaintiffs' motion for a preliminary injunction is denied."
	Kane ordered the Scientologists to "return and restore" to the 
defendants "all seized materials." He ordered the defendants to maintain 
"the status qou" on all copyrighted materials in their possession, 
restricting them to "fair use and only fair use."

- -----------------------------------------------8<------------------------


*****************************************************************************
* Chris Yoder, SP3, Clam Enturbulator.* To find out what that means read ars*
*****************************************************************************
*  To find out about what the Scientologists are trying to do to the net    *
*  WWW to the URL: http://www.cybercom.net/~rnewman/scientology/home.html   *
*****************************************************************************

 [ For Public Key: finger chris@eris.uchsc.edu ]

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