Latest Co$

David Lesher wrote:
>
> sthomson[_at_]netcom.com (shelley thomson) sez:
>
> Judge Leonie Brinkema produced a written decision in the Lerma
> case on October 4. Lerma was fined $500 apiece for each of five
> copyright violations. In consideration of his status as pro se,
> he was not required to pay attorneys' fees. Judge Leonie Brinkema
> produced a written decision in the Lerma case on October 4.
> Lerma was fined $500 apiece for each of five copyright violations.
> ....
>
> I'll add they Cult sought and got, from Judge James C. Cacheris,
> a order to seal the judgement, (I assume because it uses the
> word "Xenu"..) binding Lerma, but not others.
>
> (Too late, as the decision is at
> http://www.xs4all.nl/~kspaink/cos/memo.txt)
>
> How usual is it for a DIFFERENT judge to intervene in this manner?
> It seems to me this is a slap at Brinkema...
>
> --
> A host is a host from coast to coast.................wb8foz[_at_]nrk.com
> & no one will talk to a host that's close........[v].(301) 56-LINUX
> Unless the host (that isn't close).........................pob 1433
> is busy, hung or dead....................................20915-1433

I have forwarded this from the Cyberia-Law list to CNI-COPYRIGHT as the issues involved are primarily copyright in nature.

There is a reference below to what is apparently the latest decision in the Church of Scientology's attempt to stiffle distribution of its "sacred" works (and the interrelated commentary) over the Internet - in particular theirposting on Usenet.

The decision has an extensive fair use discussion. The result was unsurprising - wholesale copying, including almost verbatim dumps of works into Newsgroups, is not Fair Use. One unavailing argument by the defendant was that the relative amount of commentary involved should include the commentary engendered by the publication of the almost verbatim works.

Finally, a reminder that the amount of statutory damages can be affected by the way that a work is registered. In this case, the Scientologists registered the 33 works at issue in five registrations. The judge then found five instances of infringement for the award of statutory damages.

Bruce Hayden
Austin, Texas

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The preceding was not a legal opinion, and is not my employer's.
Original portions Copyright 1996 Bruce E. Hayden, All Rights Reserved
My work may be copied in whole or part, with proper attribution,
as long as the copying is not for commercial gain.
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Bruce E. Hayden                                  bhayden[_at_]acm.org
Austin, Texas                                    bhayden[_at_]copatlaw.com