Newsgroups: alt.religion.scientology
From: tom.klemesrud@support.com
Subject: Klemesrud Press Release
Date: Thu, 22 Aug 96 11:56:16 -0700



                                     FOR IMMEDIATE RELEASE

     8/22/96 -- The holders of copyrights to material authored by L. Ron
Hubbard, founder of the controversial Church of Scientology, have agreed
to dismiss the operator of a Los Angeles-based computer bulletin board
service as a defendant from a lawsuit alleging copyright infringement
over the internet.
  
     Early last year, Religious Technology Center (RTC) and Bridge
Publications sued Tom Klemesrud, the operator of the service, along with
his subscriber, Dennis Erlich, and Netcom On-Line Communication
Services, Klemesrud's internet service provider.   Netcom settled out
earlier this month.  The lawsuit, which continues to proceed against
Erlich, an ex-Scientologist, alleges that Erlich infringed copyrights by
posting material written by Hubbard to a Usenet newsgroup known as
"alt.religion.scientology."   The internet newsgroup has become widely
known for its impassioned postings by both proponents and critics of
Scientology.

     In a novel claim that would have tested the limits of liability in
cyberspace, the plaintiffs had contended that Klemesrud and Netcom
should be held legally responsible for the alleged acts of Erlich
because he used their computer services to make his postings to the
internet.  

     Federal District Judge Ronald M. Whyte ruled in November 1995
that Klemesrud could not be found liable for direct infringement,
and could only be found liable for contributory copyright infringe-
ment if there was knowledge of a BBS user's infringement.

    "This is the most important thing we have achieved in this
litigation.  It has positive ramifications for all of the Internet,"
Klemesrud said.

     The plaintiffs claimed significant economic damage resulting from
the postings.  They alleged that those who might otherwise have
purchased Scientology materials and services were able to obtain them
for free once Erlich posted them to the internet.  

     The claims against Klemesrud were settled for $50,000, an amount
that is to be paid by Klemesrud's insurance carrier.  Important to
Klemesrud, himself a critic of the Church of Scientology, is the fact
that the terms of the settlement include no admission of liability on
his part.  

     "Settling this case was a business decision by my insurance
company," Klemesrud said.  "I would have liked to stay in there and
participate in total exoneration, but I understand it would have been a
lot more expensive to take this case all the way through trial rather
than to pay this token amount now, and be happy with the positive
results we've achieved."
                                          ##

For further information call Tom Klemesrud at (818) 985-1750.



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_/  Tom Klemesrud, Sysop      _/   _/  L.A. Valley College BBS   _/
_/  tom.klemesrud@support.com _/   _/  FidoNet 1:102/837   KoX   _/
_/  root@support.com          _/   _/  North Hollywood, CA USA   _/
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