WILLIAM BRINKS Melvin F Jager HOFER GILSON (phone deleted) & LIONE August 4, 1995 A Professional Corporation Intellectual Property Attorneys NBC Tower - Suite 3600 455 N Cityfront Plaza Drive Chicago, Illinois 60611-5599 Fax 312 321 4299 Telephone 312 321 4200 Arnoldo Lerma (address deleted) Dear Mr Lerma: I represent Religious Technology center ("RTC"), the owner of the confidential advanced Technology of the religion of Scientology, and the holder of the exclusive rights under the copyrights and trade secrets rights applicable to the Advanced Technology materials. Among these copyrighted and trade secret materials are the Advanced Technology materials of various levels known as "Operating Thetan" or "OT" Sections and designated with a number. I have been infomed tbat you have posted 8O pages of these confidential copyrighted, unpublished works, from, the advanced Tecbnology materials known as OT I-VII onto the Internet without the authorization of my client, which, of course, would not have given such authorization had it been requested. Your action violates my client's legal rights in that it is the unauthorized making of electronic copies of the copyrighted material and the unauthorized disclosure of trade secrets material. The actions constitute violations of applicable copyright and trade secret laws entitling my client to damages and an injunction. You have signed agreements recognizing the confidentiality of the OT raaterials, You are also on notice that they are regarded as trade secrets. We have diligently acted to protect this information from unauthorized distribution. The only way these materials could ever have left the church is through outright theft or misappropriation. As a former parishioner, you are well aware of this fact. It is essental that you take immediate and effective action to remove all unauthorized copies from the Internet, and refrain from any repetition of this or simliar acts in the future. This includes advising your network service provider to delete postings containing the information. You are also to delete these and any other OT materials from your hard drive and any floppy disks and to destroy any hard copies you have made. Your downloading of the copyright and trade secret material violates laws prohibiting copyright infringement and trade secret misappropriation. Your use and disclosure of these materials is not fair use. United States courts routinely find that the unpublished nature of a work is a factor which weights against a finding of fair use. No court has ever found that use of stolen unpublished works is fair. There is also no fair use defense to trade secret misappropraition. The OT materials have been found to be trade secrets by the United States District Court of the Souther District of California in Bridge Publications, Inc , vs Vien, 827 F. Supp, 629, 633 (S.D. Cal 1993). No court has ever ruled to the contrary. I expect an immediate response from you with a statement of your willingness to comply with these demands. If you do not comply immediately, we will have no other course but to initiate legal action to compel compliance. Very truly yours Melvin F. Jager Comment by John Noring According to Diane Richardson, Mr. Melvin F. Jager is the "guru" of trade secret law. The employment of him by the Church of Scientology shows that the Church is very concerned by the posting of the public court document which contains all the OT levels as exhibits. I'm sure Mr. Jager is quite expensive. And I would not be surprised if CoS will use him in the Dennis Erlich case, as things don't look good for CoS there, either. It'll be interesting to see what happens in the near future as the Church is teetering on possibly losing trade secret and even copyright claims to the OT materials, notwithstanding Mr. Jager's quotation to the contrary. In my cursory look at Mr. Jager's letter, I believe he said something that is clearly inaccurate and which may form the crux of his entire argument: "The only way these materials could ever have left the church is through outright theft or misappropriation. As a former parishioner, you are well aware of this fact." The submission to the court by Dennis Erlich's attorney, MoFo, gives compelling factual evidence to the contrary. Mr. Jager stands to have egg on his face for making such an inaccurate assertion as he does. Jon Noring -- OmniMedia | The Electronic Bookstore. Come in and browse! Two 9671 S. 1600 West St. | locations: ftp.netcom.com /pub/Om/OmniMedia/books South Jordan, UT 84095 | and ftp.awa.com /pub/softlock/pc/products/OmniMedia 801-253-4037 | E-book publishing service follows NWU recommendations.