Scientology Versus Klemesrud
In 1992 Klemesrud created a multi-line BBS as a school project for the Los Angeles Valley College. The domain name was "Support.com" and was the Internet service that former Scientologist Dennis Erlich used, as well as many Scientology members.
On December 24, 1994 Dennis Erlich had been posting fair use excerpts of what Scientology calls "confidential materials" (see Xenu Revelation) to the Los Angeles Valley College BBS. Erlich also used the BBS node to access and post the materials through the Internet service provider Netcom (USA) to the newsgroup alt.religion.scientology. Erlich and Klemesrud were met with harassing e-mails, letters, phone calls and physical confrontations. On December 25, the newsgroup alt.religion.scientology began to receive forged cancellations of posts (attributed to an entity known as the "Cancelpoodle" or "Cancelbunny"), including posts that Dennis Erlich was making in comment on Scientology materials. It was later determined that Scientology was behind this effort.
Klemesrud began receiving e-mails from Scientologist lawyer Helena Kobrin, on behalf of the Religious Technology Center that both the BBS service Support.com and Dennis Erlich's postings through the ISP, Netcom were copyright infringements and should be removed. Klemesrud replied that he should be presented with evidence that they were in fact copyright infringements. Kobrin also wrote several times to Netcom, demanding they cut off Internet access to Tom Klemesrud's BBS, Support.com. Netcom refused. On February 8, 1995 Scientology filed a lawsuit, "Religious Technology Center v. Netcom," and requested a restraining order against Dennis Erlich, Klemesrud's BBS domain, (Support.com) and Netcom. On February 13, Erlich's house was raided by Scientology attorney, Tom Small and seven others. A hearing on February 21 lifted the restraining order against Support.com and Netcom. However, on February 27, Scientology requested an injunction against Netcom and Support.com.
On June 21, 1995, Judge Whyte issued a ruling that refused to dismiss Klemesrud, and Netcom because of a triable issue of fact. On November 21, 1995, Judge Whyte ruled "Plaintiffs have not shown a likelihood of success on the merits of their copyright claims nor irreparable harm absent an injunction against defendants Netcom and Klemesrud."
On August 21, 1996, the suit was settled without Klemesrud having to admit any liability. However a settlement in the amount of $47,500 was paid by his insurance company. In the summer of 2000 Klemesrud sold the Support.com domain name to "Support.com, Inc." The Digital Millennium Copyright Act (DMCA) effectively gave legislative backing to the principles laid down in RTC v. Netcom by codifying its ruling that passive automatic acts shall not become grounds for a finding of online copyright infringement.
Read more about this topic: Tom Theo Klemesrud