UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
| RELIGIOUS TECHNOLOGY CENTER, a
California non-profit corporation, Plaintiff, vs.
GRADY WARD, an individual,
| )
) ) ) ) ) ) ) ) ) ) ) | No. C 96-20207 RMW FAI ANSWER AND COUNTERCLAIMS; DEMAND FOR JURY TRIAL |
Defendant, GRADY WARD, an individual, responds to the plaintiff's
verified complaint as follows:
1. A general denial, with the exception of JURISDICTION AND VENUE
described in paragraphs 2 and 3 of the complaint; RESIDENCY OF
GRADY WARD described in paragraph 5 of the complaint; paragraph
17 of the complaint, except that Grady Ward avers that all such
use was well within the "fair use" guidelines of the
Copyright Act; paragraph 23 of the complaint, except that Grady
Ward avers that plaintiff's objections were intended to intimidate
lawful criticism and commentary protected by the First Amendment
to the Constitution; with respect to paragraphs 6,7,8,9,10,11,12,13,
of the complaint, defendant is without sufficient knowledge or
information to form a belief as to the truth of any allegations
contained, and on that basis denies each and every allegation
contained therein.
FOR A FIRST SEPARATE AND AFFIRMATIVE DEFENSE TO ALL PURPORTED CLAIMS:
1. Plaintiff's Complaint fails to state a claim upon which relief
may be granted.
FOR A SECOND SEPARATE AND AFFIRMATIVE DEFENSE TO ALL PURPORTED CLAIMS:
2. Plaintiffs claims are barred by the doctrine of laches.
FOR A THIRD SEPARATE AND AFFIRMATIVE DEFENSE TO ALL PURPORTED CLAIMS:
3. Plaintiffs claims are barred on the equitable grounds of unclean
hands.
FOR A FOURTH SEPARATE AND AFFIRMATIVE DEFENSE TO ALL PURPORTED CLAIMS:
4. This answering defendant is informed and believes, and upon
such basis alleges defendant has not infringed copyright pursuant
17 U.S.C. 106.
FOR A FIFTH SEPARATE AND AFFIRMATIVE DEFENSE TO ALL PURPORTED CLAIMS:
5. This answering defendant is informed and believes, and upon
such basis alleges that plaintiffs' claims are wholly barred by
the doctrine of fair use.
FOR A SIXTH SEPARATE AND AFFIRMATIVE DEFENSE TO ALL PURPORTED CLAIMS:
6. This answering defendant is informed and believes, and upon
such basis alleges that plaintiff's is barred under the doctrine
of copyright misuse.
FOR A SEVENTH SEPARATE AND AFFIRMATIVE DEFENSE TO ALL PURPORTED CLAIMS
7. This answering defendant is informed and believes, and upon
such basis alleges that the documents claimed by plaintiffs to
be trade secrets are not trade secrets because (a) plaintiffs
have failed to undertake reasonable efforts to maintain the secrecy
of their alleged trade secrets; and (b) the works are generally
known.
WHEREFORE, with respect to the plaintiffs claims, answering defendant prays as follows:
1. That plaintiffs take nothing by reason of their complaint; that judgment be rendered in favor of defendant;
2. That defendant be awarded his costs of suit incurred in defense of this action;
3. For such other and further relief as the Court deems proper.
COUNTERCLAIMS
1. Counterclaimant Grady Ward is a person within the jurisdiction
of the United States and a resident of Arcata, County of Humboldt,
State of California.
2. Grady Ward is informed and believes, and on that basis alleges,
that counterclaim defendant Religious Technology Center, Inc.
("RTC") is a California corporation having its principal
place of business in Los Angeles, California.
3. The Court has pendent jurisdiction over all claims as they arise out of the same transactions and occurrences or arise as a violation of a right guaranteed under Federal law
4. The Grady Ward is a computer lexicographer who has published
six volumes of material -- Moby Words, Moby Hyphenator, Moby Part-of-Speech,
Moby Pronunciator, Moby Thesaurus, and Moby Language -- in editions
amounting to a total of more than five million words since 1989.
As virtually his sole source of income his family relies upon
the protection of U.S. Copyright law.
5. Since the customers for his products include all computer programmers
who intend to add natural language capability to their software
products (the limited ability to understand and generate natural
English), he has spent much time on the computer network known
as the Internet and has contributed both software and participated
in hundreds if not thousands of lively discussions involving computer
semiotics and language acquisition, persuasion and propaganda,
issues involving privacy, cryptography, and government intrusion
into private affairs of language and communication and the implications
of emerging technologies upon traditional notions of fundamental
human rights. He is a technical contributor to the Internet privacy
product known as PGPfone and is a vendor to the National Security
Agency. He has held a Secret Clearance while contracting to MITRE
and the Naval Underwater Systems Laboratory.
6. Grady Ward chose to resign his position as Senior Member of
the Technical Staff at Apple Computer, Inc. in 1989 to produce
and promote the above series of Moby works and to be able to fully
participate in the raising of his first son, Adrian, who was born
in May of 1989 and second son Isaiah, born in September of 1990.
Seeing first hand the democratizing potential of the Internet
which is not under a central, hierarchical control, Grady Ward
has been an outspoken defender of free speech since the late 1980's.
He is a member of the Electronic Frontier Foundation (EFF), an
electronic civil liberties and analysis group based in San Francisco,
California. The EFF has an active role in promoting, defending,
and challenging ideas of freedom and intellectual property as
they rapidly evolve on the Internet.
7. Before January 11, 1995 the Grady Ward had not participated
in any discussions concerning the practices of the belief system
known as "Dianetics," or "Scientology," or
the science-fiction writer founder of Scientology known as "L.
Ron Hubbard."
8. Grady Ward has never been a member of any Scientology enterprise
nor has he ever signed a confidentiality agreement with any Scientology
enterprise.
9. Grady Ward has been informed and on that basis believes that
on January 11, 1995, Attorney for the Plaintiff, Helena K. Kobrin,
executed a special computer command called a RMGROUP (for "remove
group") to automatically destroy the Internet discussion
group designated alt.religion.scientology. (Exhibit A.) The news
of this unique attempt by a counsel of record to unilaterally
and arbitrarily obliterate all discussion of a topic was relayed
to the EFF Internet group comp.org.eff.talk, which Grady Ward
was an active participant. Out of curiosity, Grady Ward subscribed
to alt.religion.scientology to see why its content so provoked
this response from a religious corporation. It seemed to him to
be a vastly inappropriate response to issues of criticism and
commentary.
10. Grady Ward has been informed and on that basis believes that
plaintiff RTC's attorney Helena K. Kobrin has admitted issuing
the RMGROUP for the purpose of destroying the Internet discussion
group called at.religion.scientology.
11. After subscribing for several days to the alt.religion.scientology,
the individual known as Dennis Erlich (Case No. C-95-20091 RMW)
was served a Writ of Seizure by this court and was physically
violated in what seemed to Grady Ward to be an egregious violation
of his First and Fourth Amendment rights and a violent and immediate
threat to free, lawful, criticism and commentary on the Internet.
12. Grady Ward has actively participated in the Internet group
alt.religion.scientology since that time until March, 1996.
13. After RTC's attorney Helena K. Kobrin's attempted destruction
of the Internet group, a series of messages forged as to their
origin began to appear in the Internet group called "control".
These special "cancel" messages were intended to destroy
computer data containing information about the teachings of L.
Ron Hubbard that RTC and the Church of Scientology derive a significant
portion of their income. A sample of these unlawful cancel messages
are contained in Exhibit 1.
14. One of Grady Ward's messages that contained a reference to
material claimed in Plaintiff's Complaint Exhibit A was unlawfully
canceled by one of these forged messages.
15. On April 14, 1995, Jeffrey G. Quiros of the San Francisco
Church of Scientology Office of Special Affairs (the intelligence
arm of an organization acting in concert or participation, or
as an agent of the plaintiff) arrived unannounced with another
Scientologist and did trespass at my home in Arcata, California.
A criminal trespass complaint was filed with the Arcata Police
Department.
16. . Grady Ward has been informed and on that basis believes
that on May 8, 1995, my publisher, Maria Nakem of the Austin Code
Works, Austin, Texas received a telephone call from a person identifying
himself as Gene Ingram, a private investigator and long-time investigator
acting as plaintiff's agent, servant, employee, partner, or a
person acting or purporting to act under their authority, direction
or control, or a person in active concert or participation with
them plaintiff RTC. He inquired into my finances and unlawfully
defamed me by claiming that I had been involuntarily separated
by Apple Computer, Inc.
17. Grady Ward has been informed and on that basis believes that
on May 10, 1995 a man later positively identified at Eugene Martin
Ingram, the same long-time investigator for the plaintiff did
misrepresent his identity to my elderly mother, Rubye K. Ward,
of Tacoma, Washington and thereby unlawfully obtained photographs
of me, my wife and children. After my mother's complaint to the
Tacoma police authorities, the photographs were returned in the
U.S. Mail postmarked Portland, Oregon. A criminal complaint of
theft by impersonation was file with the Tacoma Police department
case number 95-1530374. Exhibit 2.
18. . Grady Ward has been informed and on that basis believes
that on August 22, 1995 a man pretending to be Grady Ward did
by such false pretense obtain the long distance toll records stored
by Pacific Bell and AT&T for both my telephones. Exhibit 3.
19. RTC's attorney Helena K. Kobrin has repeatedly and without
justification threatened and attempted to intimidate my participation
in the Internet discussion by unwarranted threats of prosecution
for copyright infringement, trade secret violation, and violation
of the Lanham act. Exhibit 4.
20. On March 9, 1996 Grady Ward was unlawfully defamed when participating
in a lawful protest against the Church of Scientology, San Francisco.
Exhibit 5.
FIRST CAUSE OF ACTION
Trespass
21. Grady Ward incorporates by reference the allegations in paragraphs
9 to 20 above as though fully set forth herein.
A representative of the Church of Scientology or one acting as
an agent, servant, employee, partner, or a persons acting or purporting
to act under the plaintiff's authority, direction or control,
or a person in active concert or participation with the plaintiff,
Jeffrey George Quiros intentionally committed the tort of trespass
at my home in Arcata, California.
Mr. Quiros and another scientologist did not leave the property
when repeatedly demanded by the defendant's wife, Felicity Wasser.
His response was that he was from the Church of Scientology and
wanted to talk to defendant, Grady Ward. He had driven five or
six hours to arrive at the property in Arcata, California from
San Francisco, without advance notice, and arrive midday when
it might be calculated the defendant would be employed and be
away from home.
SECOND CAUSE OF ACTION
Intentional infliction of emotional distress
22. Grady Ward incorporates by reference the allegations in paragraphs 9 to 21 above as though fully set forth herein.
Through the pattern of acts as set forth above the plaintiff and
those organizations and individual agents acting in concert and
participation with it have fulfilled the "scriptural instructions"
of scientology founder L. Ron Hubbard that were fulfilled to intentionally
cause mental distress on me and my family are as follows:
"Enemy: Fair Game - May be deprived of property or injured
by any means by any Scientologist without any discipline of the
Scientologist. May be tricked, sued, or lied to or destroyed."
"Don't ever defend. Always attack. Find or manufacture
enough threat against them to sue for peace. Originate a black
PR campaign to destroy the person's repute and to discredit them
so thoroughly they will be ostracized."
"The purpose of the suit is to harass and discourage rather
than to win.
The law can be used very easily to harass, and enough harassment
on somebody who is simply on the thin edge anyway, well knowing
that he is not authorized, will generally be sufficient to cause
his professional decrease. If possible, of course, ruin him utterly."
"This is correct procedure: 1. Spot who is attacking us; 2. Start investigating them promptly for FELONIES or worse using our own professionals, not outside agencies; 3. Double curve our reply by saying we welcome an investigation of them; 4. Start feeding lurid, blood, sex crime, actual evidence on the attackers to the press. Don't ever submit to an investigation of us.
Make it rough, rough on attackers all the way."
"The following is a list of the successful . . .actions used by intelligence".
- Using . . . 2nd dynamic [sex] on someone high in the government to seduce them over to our side . . .
- Infiltrating an enemy group with an end to getting documents . . .
- Covert third partying with forged or phony signatures.
- Anonymous third partying. Particularly the Internal Revenue Service . . .
- Direct theft of documents.
- Impersonating a reporter over the phone to get information .
. ."
"The following are possibilities for collecting data:
1. Infiltration; 2. Bribery; 3. Buying information;
4. Robbery; 5. Blackmail"
This scriptural template, which is in effect a criminal conspiracy
handbook, and pattern of unlawful acts by the plaintiff or those
acting as plaintiff's agents, servants, employees, partners, privies
or attorneys, or persons acting or purporting to act under their
authority, direction or control, or persons in active concert
or participation with them were calculated and have in fact caused
significant emotional distress on the part of the defendant and
his family.
THIRD CAUSE OF ACTION
Conspiracy against civil rights, 18 U.S.C. 241
23. Grady Ward incorporates by reference the allegations in paragraphs
9 to 22 above as though fully set forth herein.
"§ 241. Conspiracy against rights
If two or more persons conspire to injure, oppress, threaten, or intimidate any inhabitant of any State, Territory, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured -
They shall be fined not more than $10,000 or imprisoned not more
than ten years, or both; and if death results, they shall be subject
to imprisonment for any term of years or for life."
Eugene Martin Ingram, Helena K. Kobrin, Jeffrey G. Quiros, and
unknown members acting as plaintiff's agents, servants, employees,
partners, privies or attorneys, or persons acting or purporting
to act under their authority, direction or control, or persons
in active concert or participation have attempted to intimidate
defendant through trespass, theft, unlawful computer forgeries,
defamation, and barratry solely because of defendant's lawful
criticism protected by the First Amendment to the U. S. Constitution
of the belief system of scientology.
Intimidation was achieved because of the threatening barratry
and defamation by Helena K. Kobrin, the unlawful theft, and slander
of the defendant by Eugene Martin Ingram, the trespass of Jeffrey
G. Quiros, the unlawful defamation of the defendant by the Church
of Scientology, the unlawful forged cancel of the defendant's
lawful criticism of scientology as protected by the First Amendment
to the U. S. Constitution using the instrument of the Internet
computer network.
Moreover, this behavior of plaintiff is both intentional, systematic
and in fact a core tenet of the scientology belief system.
For example, from a recent opinion from the court of the Honorable
Leonie M. Brinkema:
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 PAGLIARINI LERMA,
DIGITAL GATEWAY SYSTEMS,
THE WASHINGTON POST,
MARC FISHER, and
RICHARD LEIBY,
Defendants.
MEMORANDUM OPINION IN SUPPORT OF ORDER OF
SEPTEMBER 15, 1995 AND AMENDED ORDER OF NOVEMBER 29, 1995
Excerpt from that opinion:
"When the RTC first approached the Court with its ex parte
request for the seizure warrant and Temporary Restraining Order, the
dispute was presented as a straight-forward one under copyright and
trade secret law. However, the Court is now convinced that the primary
motivation of RTC in suing Lerma, DGS and The Post is to stifle
criticism of Scientology in general and to harass its critics. As the
increasingly vitriolic rhetoric of its briefs and oral argument no
demonstrate, the RTC appears far more concerned about criticism of
Scientology than vindication of its secrets."
PRAYER FOR RELIEF FOR THE FIRST AND SECOND CAUSES OF ACTION:
1. Damages according to proof at trial;
2. Exemplary and punitive damages of $50,000,000.00 or according to proof at trial;
3. Reasonable attorneys' fees and costs;
4. Such other relief as is determined to be just and proper.
FOR THE THIRD CAUSE OF ACTION:
1. For an order directing plaintiff, and all of their agents, servants, employees, partners, privies and attorneys, and all persons acting or purporting to act under their authority, direction or control, and all persons in active concert or participation with them from further engaging in unlawful harassment of participants of the computer network known as the Internet;
2. Reasonable attorneys' fees and costs;
3. Such other relief as is determined to be just and proper.
DEMAND FOR JURY TRIAL
Defendant hereby demands a trial by jury for all claims and counterclaims
in this action.
Dated: April 10, 1995
By________________________
Grady Ward, in Pro Se