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Dutch A.G. Supports Scientology v. Spaink Verdict

bbc writes "ISP XS4All reports that the Dutch Attorney-General advises against reversal of the last verdict in the Scientology vs. Karin Spaink case (part of Scientology's War on the Internet). A series of court battles between writer Spaink and the Church of Scientology has changed the copyright landscape of the internet in the Netherlands. In an early case, linking to infringing documents was considered infringement itself. Later this was reversed, although by then several unrelated cases (notably Deutsche Bahn v. Indymedia) had been decided on the basis of this judgement. On appeals, the court held that free speech sometimes trumps copyright: even though Spaink may have infringed on the Church's copyright, she was allowed to do so to bring to light the doings of what she considers an evil sect. According to the XS4All document, not only did the Attorney-General uphold the decision that Free Speech can trump Copyright, but concluded also that there may not have been infringement. The Attorney-General feels a work can be considered published even if publication happened against the will of the author. In the Netherlands, the Supreme Court can only reverse previous decisions by lower courts. Before it renders a verdict, it asks the Attorney-General for advice."

21 of 355 comments (clear)

  1. Scientoligy... please by FidelCatsro · · Score: 5, Interesting

    i thought the goal of a church was to spread its faith , where does a copyright case fit into that , i could understand perhaps if they tried a libel or slander case against someone , but copyright ? does that not defeat the point of spreading the word of whatever it is they belive.

    I would not call scientoligy a church , I do know the history of the scam and its amazing how many people got dragged into this hoax , the work of a sub par sci-fi writter trying to make a bit of cash(perhaps it is a church then j/k)

    With the strength of the Dutch high court behind the decision i find it unlikly a reversal will hapen , which is a dammed good thing .
    "Although copyright resides under Article 1 of the First Protocol of EDHR and can therefore be regarded as a human right, this does not exempt copyright from being balanced against the right to freedom of information.""

    I have been thinking of moving to Holland for a few years and I feel I may just do it eventualy if the court keeps churning out decisions like this.
    Freedom of information is very importent to secure an even footing for people in this world , We do not need to create another poverty line .Most importantly Companys / organisations should not be able to sue people into submission to keep all their dirty little secrets quiet.

    Mod me down if you must , but scientolgy is a scam and from storys i have read
    it is also a dangerous organisation . I am thankfull that Germany disallows the Organisation charitable status here , i dont agree with some of germanys policys
    on these matters but sometimes it is for the best

    --
    The only things certain in war are Propaganda and Death. You can never be sure which is which though
    1. Re:Scientoligy... please by the+gnat · · Score: 2, Interesting

      where does a copyright case fit into that

      It's a pyramid scheme, not a religion. The entire basis for Scientology is finding converts who'll pay out the ass for the "training" and publications. If the publications are free for everyone, what incentive is there to join the "church"? You could just read them on your own online without paying. Additionally, if they're all online people can see for themselves how ridiculous the cult is in advance, depleting the pool of potential converts. The Scientologists would prefer readers to be properly brainwashed (um, "conditioned") before exposing them to the history of Xenu.

      I've read that the publication of the Bible in vernacular languages was initially a huge fuss, because up until then the Catholic Church had controlled dissemination of dogma. That meant that the Catholic Church was the sole gatekeeper to salvation. That control was necessary to maintain their stranglehold of Europe. Anyone know if this is accurate?

    2. Re:Scientoligy... please by UranusReallyHertz · · Score: 2, Interesting

      About the Catholic Church opposing vernacular translations of the Bible, I sure your right about that, that was one of Martin Luther's problems with the Church, the fact that normal folk never read the Bible because it was only in Latin, so people had to rely on preists for all the interpretation, giving them very much power. But you could say the Church's objection to anyone interpreting the Bible wasn't completely unreasonable, just look at how many effing deffierent Christian sects developed after the reformation. Prior to that the Church only had one major split, the Eastern Othodox.

      --
      Smoking is an expensive, slow, and unreliable method of suicide.
    3. Re:Scientoligy... please by johannesg · · Score: 4, Interesting
      I find it sad to the extreme that people will happily post things like "the US president is a clown" with nothing more to fear than being modded down, yet you are afraid to post criticism of scientology. That, more than anything, tells me they are a dangerous bunch of crooks that should be removed from the face of the earth ASAP.

      So, how does one take out a fake religion? Is it possible to sue? Get it declared an illegal organisation, somehow? Could we reasonably accuse them of terrorism? Your link proves I'm not the first to have this thought, but evidentally not much is happening...

    4. Re:Scientoligy... please by Anonymous Coward · · Score: 2, Interesting

      Funny that you should mention Scientology and the Gambino family in the same post.

  2. My 5cient0logy experiece by drgonzo59 · · Score: 5, Interesting
    Here is something fun. Did you know that you can tour the Sc1entol0gy Celebr1ty Center? Try and call them up and tell them you are interested in touring the building. They'll think you are interested in converting, and will agree then tell you about when to be there.



    Come with friends, don't go alone! Those people are nutty. I was there last year in the spring with three of my friends. It was a wierd and interesting experience. We got there and there were all these, what seemed like zombies walking around. All with perpetual smiles on their faces, dressed in business suites with ties and women in nice dresses. Very clean and very spooky. We made up fake names, addresses, phones, and such and made up some problems we have (Sc1ent0log1sts like to tell you how messed up you are so they can "help you". Make sure to have stuff for them to bite on - "addicted to Slashdot" - that would work).


    You do get to tour the building but you have to watch their tape, that ends in the "convert to 5cientology or die and suffer" type of message, quite amusing!


    Then you can get young cute zombie girls to try to convince you to sign up for courses just so you can find out about 5cientol0gy. I had fun with mine, she was 17 and came from Michigan. Scient0logy, she claims, helped her cure some chronic sinus problem. Instead of talking about me and my problems she ended up running back and forth to her supervisor / boss for answers. I asked for scientific data and she gave me an evil look mixed with a sigh, "not one of those again..." then she brought me books written by Ron. I could hardly hold myself from laughing.



    The saddest thing to see was when we toured the basement and they have all these saunas there. In the sauna, supposedly, you get your toxins out by staying in the steam until you pass out and drink overpriced herb tea. And there I saw this old Asian woman, who couldn't speak English too well. She was sitting down by the sauna center looking around like she was scared and lost. Hovering around her was another one of those cute zobmie clones, trying to persuade her to sign up for another "amazing" sauna experience. The old lady was nervously smilling and politely nodding her head. Of course she was going to sign up for another $1000 sauna clensing session, there is was no way she could resist those vultures. I felt sick to my stomach, she will probably end up giving them all her retirement money. Ron sure came up with the perfect scheme to make money.



    Then we saw Ron's office, where (of course!) his spirit is still present, and then the library, where they almost forced us to buy the great works by Ron.



    In the library, I saw those pseudo-lie detectors they use, basically a skin resistance meter. At RadioShack they are $30, at the "Celebrity Center" they are $4000! I was told they measure "mental mass". I thought of asking what the units are and how they are derived from other known physical quantities, but I thought I shouldn't piss them off too bad, I saw how nutty they really were by then and started to be a little scared. Then we left.



    Anyway, it was a fun experience. Though I would share it. Anyone else had any interesing encounters with those people?

  3. What is it with you Scientologists? by Anonymous Coward · · Score: 3, Interesting
    I don't want to start a holy war here, but what is the deal with you Scientologists? I've been sitting here at my freelance gig in front of a Scientologist (a young man about 6 feet tall) for about 20 minutes now while he's attempting to convert me from Judaism to Scientology. 20 minutes. At home, with my Christian wife, who by all standards should be a lot less convincing than this Scientologist, the same conversion would take about 2 minutes. If that.

    In addition, during this conversion, my bank account is still intact. And I still have a healthy social life. Even my inherent predilection towards mysticism is strained.

    I won't bore you with the laundry list of other problems that I've encountered while being worked on by various Scientologists, but suffice it to say there have been many, not the least of which is the fact I've never seen a Scientologist who has argued more forcefully than his Christian counterpart, despite the Scientologists' fancy E-Meters. My Atheist son offers a more compelling argument than these Scientologists at times. From a spiritual standpoint, I don't get how people can claim that Scientology is a "superior" religion.

    Scientologists, flame me if you'd like, but I'd rather hear some intelligent reasons why anyone would choose to practice Scientology over other faster, cheaper, more stable cults.

  4. Hubbard wasn't just greedy by Undefined+Parameter · · Score: 2, Interesting

    ... the man was insane.

    I started reading a series he wrote before I knew who he was. Around the third book, things suddenly took a turn for the absolutely surreal. The plot was discarded entirely for some very messed up bondage fantasy and conspiracy theory (as I recall).

    Needless to say, I put the book down, returned it to the library, and only later heard about who Hubbard was. (I was about thirteen at the time.)

    I think I'm going to be staying away from Scientology and its followers for as long as possible.

    ~UP

    --
    Eat the Path.
  5. You joke, but... by Raul654 · · Score: 4, Interesting

    ...before I put Xenu as Wikipedia's daily featured article, I made damn sure to get Jimbo's permission (in the year+ I have been choosing the main page featured articles, the only other time I asked his permission before running a featured article was before putting up Tiananmen Square protests of 1989. Good thing I asked too, because 2 days later, we were blocked in China (for a second time))

    --


    To make laws that man cannot, and will not obey, serves to bring all law into contempt.
    --E.C. Stanton
  6. I used to be a Scientologist by leereyno · · Score: 5, Interesting

    Scientology has a lot in common with other cults. Every cult I've ever come accross teaches its members the following:

    1) The outside world is evil or corrupt, only other culties can be trusted

    2) The cult has all the answers to life's problems.

    3) Cult members are special in some way, better than other people.

    4) Cult members MUST adhere to the dictates of the cult leadership.

    5) Anyone who leaves the cult is evil and must be destroyed

    There are probably other common themes, but you get the idea.

    It doesn't matter if you're talking about the Scientologists, Moonies, Jehovah's Witnesses, the Heaven's Gate cult, or any of the others, all of them to a greater or lesser degree possess these qualities.

    What makes Scientology so pernicious is that it is a purely exploitive group. No one is ever helped by Scientology. It is a psychic and financial vampire that bleeds everyone it gets a hold of dry, both of their mental well-being and any assets they might have. Other cults, especially ones that have grown to the point of quasi-legitimacy and respectability, are actually a positive influence in the lives of their members as often as not. Not so with scientology. The only happy ending where scientology is involved is one where scientology is no longer in the picture.

    Anything negative or criminal thing you can think of Scientology is either doing already, or would do in a heartbeat if it suited its purposes. It is the closest thing to pure evil I've ever come in contact with, and I should know since I was involved in it for almost ten years. They do a good job of promoting themselves and hiding the truth.

    They've enslaved (and yes I mean that literally) thousands and bankrupted tens of thousands more. They help no one. I only hope I live long enough to see the cult in ruins, the truth about it known to all, and its victims free of its evil.

    If you want to learn more check out the following site, it contains everything you ever wanted to know about Scientology that the clams were afraid you'd ask:

    http://www-2.cs.cmu.edu/~dst/Library/

    Lee

    --
    Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
    1. Re:I used to be a Scientologist by RickHunter · · Score: 2, Interesting

      Interestingly, it's worth noting that, while mainstream religions (IE, those that have been around for a few thousand years) typically still have a couple of those characteristics, others have generally been purged. Few have all of 1,3,4, and 5; when they have them at all, they're typically very watered-down versions. 2 is a common trait of most religions, but even that's starting to get watered down in many. And even historically, few had all of these to the same degree as modern cults...

  7. Re:Copyright by kspaink · · Score: 2, Interesting

    1. The right for third parties to quote is inseparable from copyright; but while Scientology claims copyright to OT2 and OT3, it objects (severely, I might add) to people quoting from it, based on the claim that these materials have never been 'legally published'.

    2. The material in question was not 'posted illegally'. It was part of a court file and the public could see it and/or ask for copies of it. The Dutch AG (and previous courts in this case) considers that fact sufficient to establish legal publication, hence quoting from it is allowed.

    --
    I write, therefore I am:
    http://www.spaink.net/
  8. Re:How do you steam clams??? by Seraphim_72 · · Score: 2, Interesting


    Mr Carson, I do truly miss you. Bless you Sir.

    --
    Slashdot, where armchair scientists get shouted down and armchair theologians get modded up.
  9. Re:I don't get it by bbc · · Score: 2, Interesting

    This is the Supreme Court case. The battles from your earlier memories took place in lower courts. The advice from the Attorney General is the one-but last episode. (Although, knowing CoS, they will probably keep fighting Karin Spaink even after this particular case is over.)

    Anyway, apart from what's at the core of this legal fight, what's also interesting here is how copyright law in the internet age gets redefined by judicial verdicts.

  10. Scientology has a hate page on Karen by AndroidCat · · Score: 4, Interesting
    Right here They use a few layers of deniability for this. religiousfreedomwatch.org aka parishioners.org is registered by the "Scientology Parishioners Committee". (Not that they even use that name on the site.)

    Scientology edges the line of lies and libel because they'd really love to have a critic try to fight them in court where they've been quite happy to spend millions to crush single critics. They'd abuse the hell out depositions during discovery (as usual), and then drag the case out for years of expense. If they lost, they could just collapse their sock-puppet, and pop up another one. (This in the 3rd generation of such sites.)

    Take a look and think about what kind of cthurch puts up a site like that.

    --
    One line blog. I hear that they're called Twitters now.
  11. Re:Copyright by AndroidCat · · Score: 2, Interesting

    There's also a lot of reasons to suspect that Hubbard's last deathbed will was dodgy as hell and that they don't really even own the copyrights.

    --
    One line blog. I hear that they're called Twitters now.
  12. Mother Teresa DID exploit her orphans! by Anonymous Coward · · Score: 1, Interesting
    Why don't you try to convince me that Mother Theresa was exploiting her orphans.

    OK, here goes. You appear to have been taken in by her immense publicity machine. The facts are quite different, as journalist Christopher Hitchens documented rather effectively.

    http://www.mirror.co.uk/news/allnews/page.cfm?obje ctid=12495017&method=full&siteid=50143

    http://slate.msn.com/id/2090083/

    http://www.population-security.org/swom-96-09.htm

    ...and so on.

    1. Re:Mother Teresa DID exploit her orphans! by boots@work · · Score: 2, Interesting

      Yes, nobody disagrees that she did a lot of work to advance the Catholic church, and on those grounds deserved recognition. She was probably the best PR for them in the whole century.

      The problem is the widespread but erroneous assumption that she was actually doing "good" in any way other than promoting catholicism. Many people who are not Catholics have this idea that she was helping people in India, but as Hitchens documents, she really didn't do that at all.

      If she had been a devout catholic while giving medical care to the poor I would have admired her. But the truth, it seems, is the opposite: she withheld care while sending money to Rome. The whole point is that she was not selfish, but entirely partisan.

      I donate from every pay to a charity that helps the disadvantaged, without any religious agenda. I could give more, but at least I am not actively doing harm. From the linked essay:

      Many more people are poor and sick because of the life of MT: Even more will be poor and sick if her example is followed. She was a fanatic, a fundamentalist, and a fraud, and a church that officially protects those who violate the innocent has given us another clear sign of where it truly stands on moral and ethical questions.

      This idea that "advancing catholic dogma" is exactly equivalent to "helping people" is precisely the same hook seen in other cults.

  13. What I want to know is... by Schnapple · · Score: 3, Interesting
    There are usually just a handful of Scientology books that anyone can walk into a Barnes & Noble and buy - Dianetics is of course always in print but sometimes there's others, such as Scientology: A New Slant on Life and Scientology: The Fundamentals of Thought. These are put out by Bridge Publications, which Scientology owns. The thing is, these "fit for the public" books are slick. They make it sound like what they're describing match the problems you're having, and the reason you're having them is due to X, which in Dianetics is roughly translated to being due to "Engrams" in the brain. It's not until you've had a lot of expensive therapy that they hit you with "Body Thetans", souls of dead aliens hiding from Xenu.

    Scientology's religious cult status is of course merely a ruse to keep their practices from being considered medicine (and regulated as such) and it means their money isn't taxed the same (at all?)

    What I want to know is this - who at Scientology is in on the gag? I would imagine the new recruits are true believers as are the people right above them. Are the people at the top, as I would imagine, in on the gag? Surely they're not believers, too. Surely they're aware that the entire thing is a money making sham. And how far down does it go? How many people at the top of Scientology are fully aware of what's really going on? How far down in the organization do you have to go to find people who are brainwashed?

  14. Child of Scientology by Nintendork · · Score: 5, Interesting
    "Anyone else had any interesing encounters with those people?"

    I am a child of Scientology. I was born with both parents in the church. My father is now in the Sea Org (Their elite with the long term contract) and my mother is on the Scientology list of public enemies. The church prohibits my father from speaking with me as a result. Same thing goes for my mother's sister (Yes, she's my aunt) who can't talk to her whole family. The reason? My mother is a "Suppressive Person" (SP). Anyone that communicates with her is a "Potential Trouble Source" (PTS). People in the Sea Org such as my father and aunt are not allowed to communicate directly with SPs or PTSs and heavily discouraged from using things like approved letters. My father physically abused me and I ended up in the hospital when I was younger. Yes, I remember an incident. He told my mother to go to hell and didn't speak to either of us when I was 6. Left my mother with a huge IRS debt from when they were married. His mother had sent him money to pay it and my mother thought it was taken care of. 10 years later, she starts getting threatening letters from the IRS. 10 years of IRS interest before they set "Reasonable" limits amounted to something like $15,000. It's all OK though since my mother is considered "Fair Game", right ? When I was 16 and moved out on my own to get away from my mother who's still struggling to erase the mental damage done by the church, I went to see my father and try to get to know him. He was still at a mission and wasn't subject to the harsher rules in the Sea Org. I'm a forgiving person and thought both of us could benefit from getting to know each other. I lived in the same house (Paying rent like everyone else) with 4 Scientologists total and even took a basic course at the mission my father worked at to try and understand what my father and aunt were so committed to. Man those people are are brainwashed. Reading about it isn't the same as seeing it. The best example I can give is a kid. Must have been 7 or 8 at most. He was walking around at an event at the LA building trying to recruit people. He sounded just like all the adults and had an answer for any argument you threw his way. These people live in their own subculture complete with their own laws and reasoning. A half year later, I moved out, but still visited my father when he actually used his one day off per week for personal use. Shortly after I moved out, he joined the Sea Org (He had been invited like 10 years earlier, but had a lot of responsibility at the mission he's been at). For one year, he struggled to get an exception made so he could see me. We saw each other about once every other month. He was finally getting remarried and I was going to be his best man. The last time I saw him or spoke to him, he called me for a visit. I knew something was wrong before I arrived. We went to a Burger King for lunch and he told me that he would not see me again and I could not even attend the wedding. When I asked why he keeps doing this; why he throws away everything else for the sake of Scientology, he responded, "It's all I know how to do after 20 years."

    This is kind of a trimmed down version for the sake of making the post short. Maybe someday I'll talk with someone and spend a few years on a crusade with others to fully expose the church to the public eye. As long as the average persona hasn't heard of Scientology, the cult will continue to thrive and amass lost souls.

    -Lucas

    1. Re:Child of Scientology by drgonzo59 · · Score: 3, Interesting
      Wow, sorry man, that is quite a story. They are currently recruiting my cousin back home in Russia. You think people here are ignorant of Scient0l0gy, you can imagine ex-Soviet Union. He, like me has a speech impediment but a worse case of it, he stutters quite a bit, which made him introverted and shy, but he is a great artist, very intelligent and and a good Christian. Last year when I visited him he showed me this book he is reading that had a volcano on it, and sure enough, it was R0n's "poison." translated in Russian. Then he described how these very nice business-looking people approached him and invited him to their office, asked him to take a test and of course told him he is very shy, introverted, anti-social and basically as messed up as one can get. But of course, they had just the answer.

      He made the mistake of telling them how he has difficulty to communicating with others, especially girls, and that is what they wanted. He was "happy" that those people wanted to listen to him and said they can help him. They made him buy some very expensive herbal crap to drink and signed him up for courses which he is paying for. They know his address, home phone number, his parent's names, where he works and all this stuff. When I told him about who they were and what they do he was very surprized. I told him my story from the Hollywood Celebrity Center visit and told him that scient0l0gy (and dianet1cs) are not compatible with Christianity. Hopefully he listened. We've talked since over email but I didn't ask if he went back and he didn't mention it. Somehow I am afraid he did though.