IN THE UNITED STATES DISTRICT COURT FOR THE
                     EASTERN DISTRICT OF VIRGINIA
                        Alexandria Division


     RELIGIOUS TECHNOLOGY CENTER    )
                                    )
             Plaintiff              )
     v.                             )  Civil Action no. 95-1107-A
                                    )
     ARNALDO PAGLIARINA LERMA       )
                                    )
             Defendant              )

        
             FINAL JUDGMENT AND ORDER OF PERMANENT INJUNCTION

          The Court having granted plaintiff Religious Technology Center's

     ("RTC") Motion for Summary Judgement for Copyright Infringement

     against defendant Arnaldo Lerma and having entered its Memorandum

     Opinion on October 4, 1996, and for the reasons stated therein,

     hereby enters a final judgment in favor of the plaintiff and against

     the defendant in the amount of$2,500.00.

          For the reasons stated in open court on January 3, 1997, no 

     award of attorney's fees and litigation expenses is made; however, 

     plaintiff has the right to seek those other costs permitted under

     Fed. R. Civ. P. 54(d)(1).

          RTC is also entitled to a permanent injunction against Lerma

     arising out of his acts of copyright infringement, accordingly it

     is hereby

          ORDERED, ADJUDGED, and DECREED that defendant Arnaldo Lerma,

     his agents, servants, employees, attorneys and all persons in

     active concert or participating with him, or any of them, who
 
     receive actual notice of this order by personal service or


 




     otherwise ARE PERMANENTLY RESTRAINED AND ENJOINED from:
 
          1.  Directly or indirectly, in whole or in part, publishing,

     reproducing, distributing, performing, displaying or creating

     derivative works based upon the Advanced Technology Works of

     Religious Technology Works or Religious Technology Center ("RTC"),

     as listed in Attachment A hereto, or any of them, in any media now

     known or hereafter developed in any time, place or fashion, and in

     particular from engaging in any such acts in, or, or in connection

     with any computer, database, information service, electronic

     bulletin board service, network, storage facility or archives, or

     other electronic bulletin board service, network or facility,

     including, without limitation, the transmitting or loading of any

     such materials onto, or downloading any copies of them from any 

     such device, service, network or facility.  Moreover, all such

     copies which defendant, his agents, servants, employees, and

     attorneys and those in active concert or participation with them

     have copied or caused to be copied onto any such device, service,

     network, or facility must be removed from such device, service,

     network or facility; and

          2.  Causing or inducing any other person to engage in any of 

     the foregoing prohibited acts.

          Copies of any of the Advanced Technology materials which were

     found on the computer media seized from defendant Lerma, pursuant

     to the Write of Seizure issued by this Court, identified in

     Attachment 3, are unauthorized copies of the copyrighted,

     unpublished literary works of L. Ron Hubbard.  Those copies, and

     any other copies of Advanced Technology works, as listed in


                                 2




     Attachment A, which Mr. Lerma may have in his possession, custody

     or control, shall be surrendered forthwith to counsel for plaintiff     

     for impoundment, and in no event later than 48 hours from the date

     of this Order.  The foregoing shall not preclude defendant's

     counsel from retaining copies of the Advanced Technology materials

     and the hard drive which was seized subject to this Court's Order

     of Seizure -- on a "for eyes of counsel only" basis pursuant to

     paragraph 10 of the September 7, 1995, Protective Order -- until this

     civil action, and any appeals thereof, are concluded. 

          Nothing in this injunction precludes defendant Arnaldo Lerma,

     his agents, servants, employees, attorneys and any persons in

     active concert or participation with him from exercising their

     First Amendment rights to freedom of speech, press and religion,

     nor does it bar them from their right under the copyright laws of

     the United States to make fair use of any RTC copyrighted material.

          The provisions of this Order of Permanent Injunction do not

     apply to, nor are they intended in any respect to affect, the 

     litigation in RTC v. F.A.C.T. NET, Inc., Lawrence Wollersheim and

     Robert Penny, Civil Action No. 95-K-2143 (D. Colo. 1995).

          The Clerk is directed to forward copies of this Order to 

     counsel of record. 

          Entered this 28th day of April, 1997.
     
     
                                   Leonie M. Brinkema
                                   United States District Judge
     

Read also the injunction against Grady Ward (Click here)

RELIGIOUS TECHNOLOGY CENTER, a
California non-profit corporation; and
Bridge Publications, Inc., a California
non-profit corporation, Plaintiffs.

                         v.

NETCOM ON-LINE COMMUNICATION
SERVICES, INC., a Delaware corpora-
tion, Dennis Erlich, an individual; and
Tom Klemesrud, an individual, dba
Clearwood Data Services, Defendants

          No. C-95-20091 RMW.

       United States District Court,
                N.D. California

                  Sept. 22, 1995

      Organizations affiliated with Church of
Scientology brought action against individual
who allegedly posted Church's copyrighted
works on Internet, alleging copyright in-
fringement and trade secret misappropria-
tion. Plaintiffs filed motion for preliminary
injunction and to hold defendant in contempt,
and defendant filed motion to vacate previ-
ously issued writ of seizure.

                            ...

                     VII. ORDER

      For the reasons set forth above, the court
orders as follows:

1.      Defendant Dennis Erlich and his agents,
      servants, and employees, all persons acting
      or purporting to act under his authority,
      direction or control, and all persons acting
      in concert or in participation with any of
      them who receive notice of this Order,
      shall be and are restrained and enjoined
      pending further court order:

      a. From all unauthorized reproduction,
       transmission, and publication of any of
       the works of L. Ron Hubbard that are
       protected under the Copyright Act of
       1976, as codified in its amended form at
       17 U.S.C. 101 et seq. Such works are
       found, for the purposes of this order
       only, to be those works identified in
       Exhibits A and B to the complaint, ex-
       cept for item 4 of Exhibit A. A copy of
       said exhibits are attached hereto with
       item 4 of Exhibit A redacted.

       i. Unauthorized reproduction, trans-
        mission, or publication includes place-
        ment of a copyrighted work into a
        computer's hard drive or other stor-
        age device; "browsing" the text of a
        copyrighted work resident on another
        computer through on-screen examina-
        tion; scanning a copyrighted work
        into a digital file; "uploading" a digital
        file containing a copyrighted work
        from the computer to a bulletin board
        system or other server; "download-
        ing" a digital file containing a copy-
        righted work from a bulletin board
        system or other server to the comput-
        er and "quoting" a copyrighted work
        that is cited in an on-line message in
        sending, responding to or forwarding
        that message.

       ii. Nothing in this section of the order
        shall be construed to prohibit fair use
        of such works, as set forth in 17
        U.S.C. 107 and interpreted by ap-
        plicable case law. Fair use of the
        copyrighted material for the purposes
        of this order includes use of the
        copyrighted work for the purpose of
        criticism, news reporting, teaching,
        scholarship, and research but does
        not include: (1) use of the material
        for a commercial purpose where the
        user stands to profit from exploita-
        tion of the copyrighted material with-
        out paying the customary price or
        giving the usual consideration or use
        that would have a significant effect
        on the potential market value of the
        copyrighted work; (2) use which ful-
        fills the demand for the original
        work; or (3) use of the heart of the
        work -- no more of a work may be
        taken than is necessary to make any
        accompanying comment understanda-
        ble. With respect to unpublished
        materials, the amount of copied mate-
        rial must comprise only a very small
        percentage of the copyrighted works
        both from a quantitative and a quali-
        tative standpoind.

       iii. The prior postings by defendant
        Erlich that form the basis of this or-
        der do not qualify as fair use primarily
        because of the quantity of the material
        posted and the very limited transfor-
        mative use made of those materials.
        Identical or similar postings are there-
        fore enjoined.

      b. From destroying, altering, concealing
       or removing from the district in which
       defendant Erlich resides, any reproduc-
       tion, copy, facsimile, excerpt or deriva-
       tive of any work of L. Ron Hubbard that
       is described in Exhibit A or B including
       all such works returned pursuant to this
       order. Defendant Erlich or his counsel
       shall safely retain possession of any such
       items.

      c. A condition of this preliminary injunc-
       tion is that a $25,000 bond shall be post-
       ed (or continued in place) pursuant to
       Federal Rule of Civil Procedure 65(c).

                            ...