>From oracle@dodo.pp.se Fri Nov 8 15:21:46 1996 Received: from dialup90-2-11.swipnet.se (dialup90-2-11.swipnet.se [130.244.90.31]) by gaia.swip.net (8.7.6swip/8.7.3) with SMTP id PAA01387; Fri, 8 Nov 1996 15:21:42 +0100 (MET) Message-ID: <328341EA.18D4@dodo.pp.se> Date: Fri, 08 Nov 1996 15:21:30 +0100 X-UIDL: 847462936.000 From: Zenon Panoussis X-Mailer: Mozilla 2.02 [nl] (Win16; I) MIME-Version: 1.0 Newsgroups: alt.religion.scientology CC: dm@dma.se, hkk@netcom.com, Zenon Panoussis Subject: The CoS demands search and seizure at the parliament Content-Type: text/plain; charset=iso-8859-1 Content-Transfer-Encoding: 8bit Status: U X-Mozilla-Status: 0001 In a message on Oct 24th (326F4E2D.4630@dodo.pp.se) i wrote that the CoS had filed a number of new motions. I also wrote None of the above motions has any grounds in Swedish law. I will bet anyone one legal NOTs pack that all motions will be denied, or most probably rejected (i.e. without consideration of their merits). In a decision Nov 6th the court denied (not rejected) all of the CoS' motions. The CoS has appealed. As no-one took my bet, I will not be receiving any legal NOTs packs. What a pity; we could have used them in the church. In the same decision the court denied my motion to lift or amend the preliminary injunction too, so the case stands on status quo. * >From the bailiff I learned that the CoS has been carrying a massive campaign also behind the scene in order to get at the parliament's NOTs. Besides pestering the parliament directly, they had demanded that the bailiff would seize the NOTs. And they have just repeated this demand: they want the bailiff to perform a seizure at and against the parliament as part of the action against me! Considering the impossibility and legal absurdity of this, I just *agreed* to this motion, so to force the bailiff to deny it because of the very fact that it would be against the law to grant it. During the past weeks the CoS has also demanded new searches in my home. These motions have been denied. But the bailiff did communicate me an order on Nov 6th to "immediately surrender all copies of the Material or parts thereof, that are are comprised by the decision of the court of appeals". The trouble is that the court of appeals' decision says that "material with regard to which copyright infringement takes place" is to be taken in custody. So, by utterly basing the order on a legal evaluation that remains to be made, i.e. just what material is actually infringing, the bailiff leaves it up to me to interpret her order. This order is combined with a penalty of SEK 10.000 (appr USD 1.500) in case of my non-compliance. As I point out in my answer to the bailiff, it is impossible to levy the penalty when the order that it covers is depending on my interpretation of legal facts. The order is completely toothless. >From the bailiff's material I also learn that the CoS has had to pay SEK 50.000 (appr USD 7.500) so far for the executive procedure alone (the bailiff). Not bad. And by the amount of papers that the CoS has handed in to the bailiff and by the amount of visits and phone calls they've made I'd say their legal costs (still only at the bailiff's) should be in the order of SEK 150.000. * The Swedish civil procedure has normally two hearings; a preparatory and a main one. The preparatory one is set for Dec 9th at Stockholms tingsrätt, Flemminggatan 14 in central Stockholm, and is open to the public. I constantly make evaluations and guesses about the possible outcome of this case. I have decided that if it appears that I might loose it, I will prevent that from happening by admitting all of the CoS' motions. The direct result of an admission would be that the CoS wins the case *without examination of the case's merits*, which in turn leaves all questions on copyright etc unanswered, for a new case to bring up again. Besides that, an admission would deprive the CoS the pleasure of really winning, although I am sure that their own media would overlook such an insignificant detail. Anyway, so far I see no reason to hand over the case to them. Z --- oracle@everywhere: The ephemeral source of the eternal truth...