by US Federal Judge Leonie Brinkema
Note: The Scientologists even tried get this final opinion sealed!
(boldfaced emphasis is MINE note XENU is consider by Scientology to be
"ADVANCED TECHNOLOGY" when you stop laughing, read on...
and RTC in RTC vs Lerma = "Religious Technology Corporation" = Scientology )
Execrpt from Judge Brinkema's Memorandum Opinion in RTC vs Lerma
"On April 14, 1993, Fishman filed in the open court file
what has come to be known as
the Fishman Affidavit, to which were attached 69 pages of what the
Religious Technology Center ("RTC") describes as various Advanced
Technology works, specifically levels OT-I through OT-VII
documents. Plaintiff claims that these documents are protected
from both unauthorized use and unauthorized disclosure under the
copyright laws of the United States and under trade secret laws,
In California, the RTC moved to seal the Fishman affidavit,
arguing that the attached AT documents were trade secrets. That
motion was denied and the Ninth Circuit upheld the district court's
decision not to seal the file. Church of Scientology Int'l v
Fishman, 35 F.3d 570 (9th Cir. 1994). The case was remanded for
further proceedings and the district court again declined to seal
the file, which remained unsealed until August 15, 1995.
Defendant Arnaldo Lerma, another former Scientologist,
obtained a copy of the Fishman affidavit and the attached AT
documents. Lerma admits that on July 31 and August 1, 1995, he
published the AT documents on the Internet through defendant
Digital Gateway Systems ("DGS"), an internet service provider. RTC,
which regularly scans the Internet, discovered the publication of
documents and on August 11, 1995, warned Lerma to return the AT
documents and not publish them any further. After Lerma refused to
cooperate, RTC obtained a Temporary Restraining Order prohibiting
Lerma from any further publication of the documents and a seizure
warrant which authorized the United States Marshal to seize Lerma's
personal computer, floppy disks and any copies of the copyrighted
works of L. Ron Hubbard, the author of the AT documents.
During the same time period, on or about August 5 or 6, 1995,
Lerma sent a hard copy of the Fishman Affidavit and AT attachments
to Richard Leiby, an investigative reporter for the Washington
Post. On August 12, 1995, counsel for RTC discovered this
disclosure and approached the Post, which was told that the Fishman
affidavit might be stolen. In response to the RTC's
representations, The Post returned the actual copy which Lerma had
given it. However, the Post had by then learned that a copy of the
same Fishman affidavit was available in the open court file in the
United States District Court for the Central District of
California. On August 14, 1995, The Post sent Kathryn Wexler, a
news aide stationed in California, to that court to obtain a copy for
Wexler, who then mailed it Washington. Although it is
undisputed that RTC staff members had been checking that file out
and holding it all day to prevent anyone from seeing it, the file
was not sealed and obviously was available, upon request, to any
member of the public who wished to see it."
(end of Excerpt of Judge Brinkema's 5 Dec 95 Opinion)
Comedy Central was promoting the "In the closet" episode that
featured the story of Xenu and the body thetans...
from the fishman affidavit... that scientology described as, while under penalty of PERJURY as
"ADVANCED TECHNOLOGY", in RTC vs Lerma...
That was what was displayed in the In The Closet
SCIENTOLOGY EPISODE on Comedy Central's South Park!
above - We'll SUE YOU!
(They already sued me, spending $1,740,000 by their own claims
to get a $2500 de-minimis copyright statutory fine..and some court costs, AFTER we won their Trade Secret Claims on Dec 5th 1995 in order to avoid the humiliation of a public trial)
In Judge Brinkema's FINAL Opinion:
" Scientologists believe that most human problems can be traced
to lingering spirits of an extraterrestrial people massacred by
their ruler, Xenu, over 75 million years ago. These spirits attach
themselves by "clusters" to individuals in the contemporary world,
causing spiritual harm and negatively influencing
the lives of their hosts ". USDJ Judge Leonie Brinkema More HERE
4 Oct 96 Memorandum Opinion, RTC vs Lerma,
Freezing the captured aliens
And thank you all for your interest in XENU!
and your future help exposing the CON of Scientology.
Lermanet.com Exposing the CON
Below: Links to some news articles about the ten year battle to bring this story into the public eye:
A nice version of the events of August 1995 made the front cover
of American University's JURIST Magazine and the December 1995 Edition
of WIRED, covered Dennis Erlich, Johan Helsingus, Tom Klemesrud, - a
good round up the years events following the publication of the OT
levels on the net links below
At one point over 200 websites had it up..
Scientology forced them off the the web
The document ended up on a mainland china server at a university
in Shanghai.. they had to remove it because there were so many requests
for the materials that they were cut off from the world..by the
December 25, 1994 The
Washington Post Scientology Fiction: The Church's War Against Its
Critics----and Truth by Richard Leiby, ENFORCING "TRUTH" How the
Scientologists try to impose their version of the truth on members,
defectors---and on journalists.
Skeptics Society - 1995
- Scientology vs the Internet, Free Speech & Copyright Infringement
on the Information Super-Highway by Jim Lippard and Jeff Jacobsen
July 21, 1995 - Toronto Star Record libel award upheld against Scientology
August 19, 1995 - Washington Post Church in Cyberspace; Its Sacred Writ Is on the Net. Its Lawyers Are on the Case.
August 20, 1995 - New York Times Scientology's Expensive Wisdom Now Comes Free - "no epidemic has been reported"
August 26, 1995 - CNN US News Church of Scientology protects secrets on the Internet
October 10, 1995 - NY Newsday - The Net, Copyright or Free Press?
By Thomas Maier
ARNALDO LERMA believes the Internet newsgroups are like the Liberty
Trees of the American Revolution - a place where citizens can post
anything of interest. Suffice to say, the Church of Scientology doesn't
quite agree. Earlier this year, Lerma sent sacred religious scriptures
from the church out over the Net. Lerma quickly heard back from those
who, like himself, are worried about what they say are Scientology's
cult-like methods. "I got 160 pieces of e-mail saying they admired my
courage and two pieces of mail from angry Scientologists," recalls
Lerma, a 44-year-old audio-video technician in Arlington, Va. But the
strongest response came from the Church of Scientology itself. Claiming
that all of the material is copyrighted, and thus protected from being
reproduced in other formats, the church filed a lawsuit in August
against Lerma, convincing a federal judge to authorize a search of his
November 1995 - American Jurist Dangerous Science: The Church of Scientology's Holy War against Critics
December 1995 - Wired Magazine Issue 3.12 - cover story - alt.scientology.war
When computers are seized because they contain allegedly stolen
intellectual property, and police pierce the security of anonymous
remailers,the days of the Net as a cozy, cocktail party are over.
Welcome to a flame war with real bullets.