Message-Id: <2.2.32.19970506115246.0087710c@mailhost.world.net>
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Date: Tue, 06 May 1997 21:52:46 +1000
To: hkk@netcom.com
From: Mark Dorset <markd@world.net>
Subject: Your Email.
Cc: proff@suburbia.net, fun@suburbia.net

Ms. Kobrin,

For the (hopefully) last time;

Please stop harassing AUSNet Services (owner of world.net) about your
problems in regard to David Gerard. AUSNet/WORLD.NET are not players in your
problems with David Gerard. I will explain yet again like I did to a
gentleman from the Church of Scientology in Sydney over a month ago now;

SUBURBIA.NET is an internet service provider who provides David Gerard with
an internet account and web site. If you are looking to send legal
literature by fax/email/or otherwise they should be directed to David Gerard
(fun@suburbia.net) or SUBURBIA.NET (of whom Julian Assange is the system
operator).

AUSNet/WORLD.NET have no relation to David Gerard whatsoever. Our contract
is with SUBURBIA.NET and merely as an internet uplink to SUBURBIA.NET. If
this is still unclear to you, and you believe that AUSNet is still someone
that should be hassled since SUBURBIA.NET gets internet connectivity from
AUSNet, here's a few more companies for you to start harassing, since they
in turn provide Internet connectivity to AUSNet;

Telstra Pty Ltd (Australia's major telecommunications company)
British Telecom
MCI
Sprint

I'm not sure who the above companies peer with or connect to for their
internet connectivity. The point is, that you need to draw the line of
responsibility somewhere, and AUSNet is beyond that point. Your issues,
whether they be correct or incorrect lie with DAVID GERARD and SUBURBIA.NET
(Julian Assange).

Now, some further explanations which you are not really entitled to, but
which I will provide for your benefit. I used to run SUBURBIA.NET in
Melbourne two years ago, until I moved interstate and handed authority and
ownership of the system to Julian Assange. I now run SUBURBIA.COM.AU, a
system with a similar name and philosophy in Sydney. Nevertheless, it is a
separate system, and David Gerard **does not** have an account with
SUBURBIA.COM.AU. I also work for AUSNet Services (once in a support role but
now in another role). My employment with AUSNet in no way implicates AUSNet
as having any interests in SUBURBIA.NET or SUBURBIA.COM.AU, other than in a
business relationship where they provide bandwidth to the two systems at a
monthly rate (just like they do with their other clients).

Sending faxes to AUSNet is irrelevant and a waste of your time and money.

Once again, please stop harassing the wrong people.


Mark Dorset.


At 05:12 PM 5/6/97 +1000, you wrote:
>>Date: Mon, 5 May 1997 15:55:24 -0700 (PDT)
>>From: Helena Kobrin <hkk@netcom.com>
>>To: proff@suburbia.net
>>cc: support@world.net
>>
>>
>>Dear Mr. Assange:
>>
>>     I 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 a level known as "NOTs."
>>
>>     I have been informed that an individual named David Gerard
>>has placed certain NOTs works on his home page on your web site
>>at:
>>
>>     http://www.suburbia.net/~fun/scn/fun/ebonic_sample.html
>>
>>
>>     These works have been placed onto this web site without the
>>authorization of my client.  The works are registered with the US
>>Copyright Office under registration numbers TXu 257326 and
>>257527.
>>
>>     These postings violate United States and Australian
>>copyright law. Because these documents are on your site or have
>>been made through your site, they are copyright infringements for
>>which you can be held liable.  We therefore request that they be
>>removed immediately.
>>
>>     We are currently involved in litigation over the same and
>>similar materials in several lawsuits.  Preliminary injunctions
>>based on copyright infringement and trade secret misappropriation
>>are in place in three of those suits in the United States
>>District Court in San Jose, California.  And a United States
>>District Court in the state of Virginia has granted judgment in
>>favor of my client, related to copyright infringement of some of
>>these works.  Indeed, my client was recently awarded monetary
>>damages for copyright infringement of these works.
>>
>>     In one of the San Jose cases, in which Netcom was a
>>defendant, the court ruled that an access provider which is
>>informed that infringement is occurring through its system and
>>does nothing to stop it can be liable for contributory
>>infringement.
>>
>>     We are not seeking to become involved in litigation, but we
>>will take all necessary measures to protect my client's
>>intellectual property rights.  We presume that you would agree
>>that we can resolve this amicably.
>>
>>     Please confirm that you have removed the copyrighted
>>material as requested above. I must urge you that speed in
>>dealing with this situation is critical in light of the fact that
>>unpublished materials are involved.
>>
>>
>>                                   Sincerely,
>>                                   Helena K. Kobrin
>>
>>
>>
>>
>>
>>
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