From: "S.Rozina" To: Subject: Unauthorized Use of Copyrighted Materials Date: Thu, 15 Jun 2000 13:15:31 +0400 From: Bar Association of Moscow City Lex International Attorneys at Law To: subscriber of "chat.ru" Free Zone Bible Association e-mail: "fzba@chat.ru" Subject: Unauthorized Use of Copyrighted Materials June 13, 2000 Dear Sirs We are represent Religious Technology Center ("RTC"), the owner of the confidential Advanced Technology of the Scientology religion and the holder of exclusive rights under the copyrights applicable to the Advanced Technology materials. The Advanced Technology materials are confidential, unpublished, copyrighted works. RTC's works include, among others, the individual works comprising levels as "NOT's", "OT II", "OT III". These works are registered with the United States Copyright Office under registration numbers: TXu 257 326 and TXu 257 527; TXu 303 388; and TXu 290 496. We also represent the following publishing houses: Bridge Publications Inc. ("BPI") and New Era Publications International ("NEPI"), the owners of the copyrights of published works in the Scientology religion, including books, audiotapes and their transcripts. These works include, but not limited to, the following tape transcripts and materials: Hubbard College Lectures; some GPM Tapes of 1963; Solution to Entrapment; 9th ACC tapes; Level 0 Course pack and tapes; Level I tapes; Level II tapes; Level III Academy tapes; Level IV Course pack and tapes; OT II Platens; Exteriorization and the Phenomena of Space tapes; Philadelphia Doctorate Course tapes; Level III Course pack; Research and Discovery Volumes; Class IV Case Supervisor Course; SHSBC Course pack; Minister's Course; Purification Course pack; London Clearing Congress tapes; London Group Course tapes (1953); 5th ACC tapes; Time Track of Theta tapes' Conquest of Chaos tapes' The Anatomy of Cause (16th ACC) tapes' 20th ACC tapes' Melbourne Congress tapes; Organization Series tapes; Perception of Truth tapes; SHSBBBC tapes; State of Man Congress tapes; Clearing Congress tapes; The Route to Infinity tapes; Freedom Congress tapes; Ability Congress tapes; The Group Processing ACC tapes; Briefing Course Checksheets; Expanded Dianetics; 3rd ACC tapes; Class VIII Confidential Course; 1982 Solo Course pack and Ron's Journal # 67, and numerous other works which you has placed on your web side without authorization of our clients. The URLs where these works are located are attached. These web postings are an infringement of the copyrights in these works under the law of the United States as well as under Russian law in force. The copyrights are protected on the territory of Russia by the Law of the Russian Federation "On Copyright and Neighboring Rights" dated July 9, 1993 # 5351/1-1 (hereinafter referred to as the "Russian Copyright Law"). Both the Russian Federation and the United States are members of the Bern Convention on Protection of Literature and Art Works of 1886 and pursuant to Article 5 of the Russian Copyright Law the rights of the Unites States copyright owners are under protection in Russia. It means that under Article 16 of the Russian Copyright Law the above named copyright owners represented by us enjoy the exclusive right to exploit their works in any form and by any means, including but not limited to, by mean of Internet. According to Article 16 (par.2) of the Russian Copyright Law the copyright owner's exclusive right to exploit the work shall be construed to mean the right to perform or authorized the following acts, namely: reproduction of the work, id est: making of one or more copies of the work or part of a work in any form, including the form of sound or visual recording, or making of one or more three-dimensional copies of a two-dimensional work, or one or more two-dimensional copies of a three-dimensional work; the storage of a work in computer memory shall also constitute reproduction; distribution of copies of the work by any means, including sale, rental and other means whatsoever which are known or will be known in future; communication of the work to the public (including showing, performance or broadcasting) by cable, wire, optical fiber or comparable means; translation, adaptation, arrangement or other transformation of the work, et cetera. Moreover, taking into account that under to the Law of the Russian Federation On Protection of Computer Programs and Databases dated September 23, 1992 # 523-I, a notion "database" means the presentation and organization in a fixed form of a set of data, systematized in such way that the data may be retrieved and processed with assistance of a computer (Article 1 of the said Law and Article 4 of the Russian Copyright Law as well), a web site may be considered as a database from legal point of view, provided that copyright extends to all databases constituting the results of the creative effort of their author. By virtue of the said Law (Article 5, par.2) copyright protection in a database is recognized on the condition that copyright is observed in respect to each of the work included in such database. Pursuant Article 7 (par.3) of the Russian Copyright Law the databases are considered as collections and other composite works which, by reason of the selection or arrangement of their contents, constitute the result of creative effort. The compiler shall enjoy its copyright subject to respect for the rights of the copyright owners of each work included in the composite work (Article 11, par. 1 of the Russian Copyright Law). It means that obtaining the permit of the copyright owners to place their works on your web site is conditio sine qua non under the Russian law in force. Therefore, ex statuto, placing the copyrightable works on the web site without authorization of the copyright owners shall be deemed as a violation of copyright. These web postings by you violate the copyright owner's exclusive rights in these works and may be punished under both the civil and criminal laws. These postings amount to more than 30 tape transcripts and other works, placed verbatim and in their entirety on your web site. It means that ex justa causa the copyright owners may prohibit you the use your web site contrary to law and their exclusive rights and require from your provider to remove these works from your web site. Please be advised that if in spite of this notice you continue to violate the exclusive rights of the above named copyright owners we will be forced to take the above-mentioned measures. Also, ex statuto, we keep for ourselves to sue you for copyright infringement. Please be noted that in accordance Article 49 of the Russian Copyright Law the owner of exclusive rights may demand of the infringer of his rights to cease the infringements and to pay, in place of damages or the surrender of revenue, of an indemnity in an amount up to 50.000 times the minimum salary set by the legislation of the Russian Federation, at the discretion of the court. Sincerely yours, Dr. Svetlana I. Rozina Senior Partner member of Board of Bar Association of Moscow City the principal author of the Russian Federation Law "On Copyright and Neighboring Rights" an author of the Russian Federation Law "On Legal Protection of Computer Programs and Databases"