------------------------------------------------------------------- F.A.C.T.Net, Inc. (Fight Against Coercive Tactics Network, Incorporated) a non-profit computer bulletin board and electronic library 601 16th St. #C-217 Golden, Colorado 80401 USA BBS 303 530-1942 FAX 303 530-2950 Office 303 473-0111 This document is part of an electronic lending library. F.A.C.T.Net does not sell documents, it only lends them according to the terms of your library cardholder agreement with F.A.C.T.Net, Inc. ------------------------------------------------------------------- CARD CATALOG ENTRY ------------------------------------------------------------------- LEWIS, D'AMATO, BRISBOIS & BISGAARD October 27, 1994 CONFIDENTIAL TO ALL INTERESTED PERSONS: In November, 1991, the Church of Scientology Internatlonal filed a defamation lawsuit against former Scientology member Steven Fishman and his psychologist, Dr. Uwe Geertz. This law firm represents Dr. Geertz. in February, 1994, Scientology dismlssed this lawsuit on the eve of trial. It was the first time the Scientology organizatlon had retreated from a lawsuit it had filed. During the course of the lawsuit numerous affidavits were filed regarding certain of Scientology's activities. One of these affidavits attached Scientology's upper level materials (OT I - OT VIII). Other affidavits included references to the upper level materials. The affidavits also contained voluminous evidence that Scientology now seeks to have removed from the public record along with all references to the upper level materials (OT I - OT VIII). Scientology is arguing that the upper level materials are trade secrets and should not remain available to the public. Steven Fishman and Dr. Geertz are opposing this attempt to remove the upper level materials from the public court file at the federal courthouse in Los Angeles, California. They believe the upper level materials are not either religious scriptures or trade secrets, and that they must remain accessible to the public and press. Under California law, a trade secret is defined as "information ... that (1) derives independent economic value, actual or potential, from not being generally known to the puhllc or to other persons who can obtain economic value from its full disclosure or use; and (2) ... is the subject of efforts that are reasonable under the circumstances to maintain its secrecy."Cal. Civ. Code # 3426.1(d). Among other things, Scientology must prove it obtained actual economic advantage over competitors through its use of the upper level materials. Your help is urgently needed on the following issues: 1. That the upper level materials are not confidential religious scriptures; and 2. That the upper level materials (OT I through OT VIII) are not subject to high level security protection; and 3. That many people have access to the upper level materials; and 4. That many people possess portions of the upper level materials; and 5. That all or part of the upper level materials have been published in the media; and 6. That a not-for-profit, tax-exempt, religious corporation should not be permitted to control access to its published "teachings~ under the guise that they are trade secrets, and 7. That a not-for-profit, tax-exempt, religious corporation should not be permitted to use its tax exempt funds and the courts to prevent and/or restrict public access to its teachings in the form of the upper level materials; and 8. That Scientology is neither a religion nor a church; and 9. That Scientology is merely a global business engaged in the licensing of certain trademarks and copyrights; and 10. That the ultimate recepients of this tax free copyright and trademark royalty income are the private Hubbard trusts which pay a percentage of thelr income/caital to the trustees who are also managing agents, officers and directors of various Scientology entities; and 11. That the upper level materials are a "bait and switch" progression; and 12. That certain portions of the upper level materials could be potentially dangerous and could, in certain circumstances, cause PTS type III phenomena; and 13. That it is in the public interest that all portions of the upper level materials remain accessible to the general public; and 14. That Scientology has not obtained actual economic advantage over its competitors through the use of the upper level materials; and 15. That Scientology has no competitors. We are especially interesteted in information and evidence relating to the availability, dissemination and/or publication of the N.O.T.'s materials (OT V - OT VII) and OT VIII. This could be one of the most important issues that Scientology has placed before the courts. Dr. Geertz will be arguing that the public interest would best be served by ensuring that the upper level materials remain publicly accessible and not be sealed as Scientology seeks. There are only a few weeks in which to make all possible arguments supported by all available evidence and previous court decisions. IF YOU HAVP5 ANY EVIDENCE, IDEAS, ARGUMENTS OR SUGGESTIONS REGARDING ANY OF THE FIFTEEN ISSUES ABOVE, PLEASE CONTACT ME AS SOON AS POSSIBLE. The purpose of this confidential communication is merely to gather evidence, and to solicit arguments, for use in pending litlgation. No allegations or statements of fact, regarding Scientology or any individuals associated therewith, are contained herein and none are intended. Furthermore, no negative or derogatory connotations regarding Scientology should be construed from any of the issues posed above, or any other statement herein, and none are intended. Media publication of this request for assistance, or any portion thereof, is expressly prohibited. (signed) Graham Berry LEWIS, D'AMATO, BRISBOIS, BISGAARD ================================================================= DOS FILENAME OF TEXT FILE: BFISH.TXT DOS FILENAME OF IMAGE FILES: BFISH.TIF ADMINISTRATIVE CODE: SECURITY CODE: DISTRIBUTION CODE: DESCRIPTION FOR BBS FILE LISTING: Request for information for use in pending litigation. SORT TO: CONTRIBUTOR: FACTNet LOCATION OF ORIGINAL: FACTNet NOTES: This is a confidential communication to FACTNet by the law firm representing Dr. Geertz. It was FACTNet's decision to broaden the query by asking these questions of other individuals with whom we are connected via electronic communications. If you have any information which would assist this inquiry, please mail it to FACTNet at the address above or phone Lawrence Wollersheim at the FACTNet phone number above or use e-mail on the FACTNet BBS. This document is the result of optical character recognition of a fax. Errors result from this process and some may still remain after a very quick proofreading and correction. For additional verification see the contributor of the document. UPDATED ON: 10/27/94 UPDATED BY: bp =================================================================