The New York Times January 20, 1996 Placing Documents on Internet Violated Scientology's Copyrights, Judge Rules By PETER H. LEWIS A Federal judge ruled on Friday that a Virginia man had violated the copyrights of the Church of Scientology by posting confidential Church documents on the Internet, even though the material had been obtained from public court records. The Religious Technology Center, which owns the trademarks and copyrights of the Church of Scientology International, had sued Arnaldo P. Lerma of Arlington, Va., for posting several dozen pages of secret church documents about the Scientologist doctrine on the Internet. In making her ruling, Judge Leonie M. Brinkema of United States District Court in Alexandria, Va., affirmed that the church holds a copyright on the documents and that Mr. Lerma infringed on the copyright by posting church documents without comment, criticism or other significant changes that would have constituted fair use. She said the church was entitled to statutory damages and legal fees, which will be determined later. "They were trying to argue that different rules applied for the fair use of copyrighted material on the Internet, and the judge ruled otherwise," said Helena K. Kobrin, a lawyer for the Religious Technology Center in Los Angeles. Attempts to reach Mr. Lerma by telephone and e-mail last night were unsuccessful. Mr. Lerma was the sole remaining defendant in the lawsuit, which arose from postings to a Usenet news group in August. After Mr. Lerma refused a church demand that he stop publishing the documents electronically, Federal marshalls and church officials raided Mr. Lerma's home on Aug. 12, 1995, and seized Mr. Lerma's computer equipment. The church had also sued The Washington Post and two of its reporters for reprinting portions of the secret documents in news reports about the lawsuit and the seizure of Mr. Lerma's computer equipment. But Judge Brinkema, calling the church's lawsuit against the newspaper "reprehensible," ruled in November that The Post had used the information fairly. Another defendant was the company that provided Mr. Lerma with access to the Internet, but the company and the Scientologists settled their dispute out of court before the judge could rule on whether an access provider could be held partially responsible for the actions of its subscribers. Friday's ruling was the latest twist in a series of legal battles between the Church of Scientology International, founded by the science fiction writer L. Ron Hubbard, and its critics on the Internet. Two other lawsuits concerned with the electronic copying of confidential church documents - one in California and one in Colorado - are pending. The copyrighted material in question, known as the "Operating Thetan scriptures," were obtained by Mr. Lerma and The Washington Post from public court documents filed in an earlier dispute between the church and a former member in California. The church contends that the documents are trade secrets that deal with the training of Scientologists who have reached the highest levels of understanding of its philosophies. These documents are available only to those Scientologists. Judge Brinkema ruled last year that the documents were not trade secrets but could be copyrighted. Copyright 1996 The New York Times