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Wikimedia Foundation Receives Copyright Infringement Claim

Posted: Wed May 14, 2008 2:22 pm
by _Infymus
From Wikimedia: http://en.wikinews.org/wiki/Wikimedia_F ... mon_Church

The Wikimedia Foundation has received a copyright infringement claim from The Church of Jesus Christ of Latter-day Saints, widely known as the Mormon Church or LDS Church. The infringement claim is in reference to a URL used as a source in a Wikinews article about Mormon Church documents leaked to the website Wikileaks, titled "Copy of handbook for leaders of the Church of Jesus Christ of Latter-day Saints obtained by Wikinews". The URL was originally cited as a link in the sources subsection of the article. The Wikimedia Foundation is a donor-supported non-profit organization which runs Wikipedia and Wikinews. This is the first time that the Wikimedia Foundation has received a copyright infringement claim regarding an article published by Wikinews.

The Wikinews article, originally published on April 19, described material in the Church Handbook of Instructions. The work is a two-volume book of policies and is a guide for leaders of the Mormon Church. Wikinews obtained the Church Handbook of Instructions from Wikileaks, a whistleblower website which publishes anonymous submissions of sensitive documents while preserving the anonymity of its contributors. Wikileaks describes the material as significant because "...the book is strictly confidential among the Mormon (Church of Jesus Christ of Latter-day Saints, a.k.a. LDS in short form) bishops and stake presidents and it reveals the procedure of handling confidential matters related to tithing payment, excommunication, baptism and doctrine teaching (indoctrination)."

The material was released on the Wikileaks website on April 16, and according to the site was first made available on the document sharing website Scribd. A message at Scribd now states: "This content was removed at the request of copyright agent B. S. Broadbent of the Intellectual Property Division of the Church of Jesus Christ of Latter-day Saints."

On May 5, the Wikimedia Foundation received a copyright infringement claim from Intellectual Reserve, Inc., the legal entity that owns the intellectual property of the Mormon Church. The infringement claim is addressed to Jimmy Wales, the designated agent of the Wikimedia Foundation, and requests that access to the link to Wikileaks be removed. The link was removed from the article on May 5 by a Wikinews administrator, and the article remains available without the link. The infringement claim was sent by Berne S. Broadbent, president of Intellectual Reserve, Inc. and director of the Intellectual Property Division of The Church of Jesus Christ of Latter-day Saints. According to Mike Godwin, general counsel for the Wikimedia Foundation, the Mormon Church has not filed a Digital Millennium Copyright Act (DMCA) notice with the foundation.

In 1999, Jerald and Sandra Tanner, prominent critics of The Church of Jesus Christ of Latter-day Saints, released material from the Church Handbook of Instructions to the Internet through their organization Utah Lighthouse Ministry, without including the copyright notice of Intellectual Reserve, Inc. or obtaining permission from the church. The website of the Utah Lighthouse Ministry describes as its purpose: "...to document problems with the claims of Mormonism and compare LDS doctrines with Christianity." The Tanners had received a copy of the 1998 edition of Church Handbook of Instructions from an anonymous sender in October 1999. They published 17 pages of the 160-page handbook on the Utah Lighthouse Ministry website.

The church sent the Tanners a letter threatening a copyright infringement lawsuit if the material was not removed, and the Tanners removed the material from their site the same day, and posted the church's letter to their website. The website still contained links to other locations that had the material, and an article in the Salt Lake Tribune listed addresses of these links. The church sued the Tanners through its company Intellectual Reserve, in the 1999 case Intellectual Reserve v. Utah Lighthouse Ministry.http://en.wikipedia.org/wiki/Wikipedia:External_links

The plaintiffs filed their complaint on October 13, 1999, and the United States district court issued a preliminary injunction on December 6, 1999 barring posting of the material by the defendants as well as posting links to other websites which contain the material. The New York Times and other news publications called the injunction a "chilling effect". In November 2002, the church dropped the lawsuit against Utah Lighthouse Ministry, on condition that the Tanners destroy all copies of the Church Handbook of Instructions, and not include more than 50 words at a time from the handbook in any of their future articles.

Wikileaks has received copyright infringement claims from organizations including the Church of Scientology's Religious Technology Center and the Swiss Bank Julius Baer, and the Chinese government attempts to censor every website with the word "wikileaks" in the web page address. Bank Julius Baer sued Wikileaks after sending cease and desist letters in January 2008 which cited the Digital Millennium Copyright Act. As a result of the lawsuit, the bank obtained an injunction preventing the site's domain name registrar from associating with Wikileaks, but this injunction was lifted in March 2008 and Bank Julius Baer dropped the case.

As of May 13 Wikileaks had not taken down the material on the Church Handbook of Instructions, and a second webpage at the site with a different version of the material was also still available. In a statement to Wikinews, a Wikileaks representative commented on the material hosted at the site: "WikiLeaks will not remove the handbooks, which are of substantial interest to current and former Mormons. WikiLeaks will remain a place where people from around the world can safely reveal the truth."


Here is how you can get your hands on a copy of the Church Handbook Of Instructions.

1. Browse to Wiki Leaks: http://www.wikileaks.org/wiki/Wikileaks

2. In the "Search" box, type "Mormon handbook instructions".

3. Click on the "Church Handbook Of Instructions". As of 5/14/2008 there are several copies. Right click and save the PDF version.

4. Sit back and read the manual that is forbidden for general membership, but made available to Bishops and Stake Presidents.

Intellectual Reserve - the Cult law firm and strongarm of the Mormon Cult, specifically B. S. Broadbent - can go and F* himself.

I and others like me will continue to expose your Cult to the world. And while you go down the slippery path of Scientology - to threaten or sue anyone who tries to expose your Cult - it will not stop the flow of information. We will work tirelessly until the world knows that Joseph Smith was a convicted criminal, a pedophile, a polygamist and a charlatan.

Posted: Wed May 14, 2008 3:07 pm
by _Mercury
Hey jason, this is how the church will litigate against the publishing of the document at wikileaks.

This is a tanners Vs LDS Inc redux.

Re: Wikimedia Foundation Receives Copyright Infringement Cla

Posted: Wed May 14, 2008 3:46 pm
by _Rollo Tomasi
I am amazed at the lengths to which the Brethren go to to keep that damn CHI from the public (and even most LDS members). They almost treat it on par with the temple secrets.

Posted: Wed May 14, 2008 3:52 pm
by _skippy the dead
Mercury wrote:Hey jason, this is how the church will litigate against the publishing of the document at wikileaks.

This is a tanners Vs LDS Inc redux.


It's still not aimed at wikileaks itself - just to those who link to it. I want to see if they can manage to get to wikileaks. The last one to try withdrew the lawsuit when they couldn't get an injunction to stick.

Re: Wikimedia Foundation Receives Copyright Infringement Cla

Posted: Wed May 14, 2008 4:16 pm
by _John Larsen
Rollo Tomasi wrote:I am amazed at the lengths to which the Brethren go to to keep that damn CHI from the public (and even most LDS members). They almost treat it on par with the temple secrets.


On par? I am unaware of any litigation to shut down the websites that publish the temple ceremony. It seems the CHI is more important to them.

Re: Wikimedia Foundation Receives Copyright Infringement Cla

Posted: Wed May 14, 2008 4:28 pm
by _Dr. Shades
John Larsen wrote:I am unaware of any litigation to shut down the websites that publish the temple ceremony. It seems the CHI is more important to them.


Hmm, now that you mention it, that is quite bizarre.

Could it be that Intellectual Reserve, Inc. knows that Chapel Mormons wouldn't dare read a website containing the temple ceremony, whereas such Mormons don't have any conditioning against reading the CHI?

Anyhow, just what about the CHI is so damning that they're trying this hard to keep it away from the flock? From what I understand, it's mostly pretty boring matters of procedure anyway.

Posted: Wed May 14, 2008 4:31 pm
by _Infymus
They *may* be able to get to Wikileaks under this context. The Pirate Bay which is a torrent thread houser in Sweden has been threatened numerous times over infringing on copyrights. Pirate Bay torrent tracker links to copyrighted files, but does not house them. Wikileaks physically houses the CHI in .PDF format on the site. To see how the Pirate Bay has responded, and for your own general amusement with Swedish law, see: http://thepiratebay.org/legal

The Mormon Cult sued the Tanners for publishing 17 pages of the CHI. Tanners removed the pages, but another person commented on the thread with a link to the actual CHI. The Cult, which cared more for squashing a critic than protecting its so-called "Intellectual" material, moved to sue on the grounds that linking was also against copyright. The case was settled, not finished, so the law did not take effect. It was noted that if it had, it would set a "chilling" precedence. I find it ironic that the Mormon Cult can use the word "Intellectual" in anything other than spouting off that those who are intellectuals are enemies to the Cult.

Torrents, and their predecessors such as Napster, do not house, but link to copyrighted material. Those being sued by the MPAA and the RIAA have physically downloaded the copyrighted work. The MPAA and RIAA use the DMCA to force ISPs to provide the user who used the physical IP at said date and time of the infringement. A lawsuit is then filed against said user.

Therefore, the Mormon Cult could possibly exercise some kind of legal act to find out who downloaded the CHI and then go after them, however, the DMCA which is used by the MPAA and RIAA is not acknowledged by the Swedish Government.

The CO$ Cult has filed suit again and again against Wikileaks to no avail. I am doubtful that the Mormon Cult will have any such luck either.

For the protection of Dr. Shade's MDB Board, and others, DO NOT link directly to the CHI's .PDF or .HTML format. Do NOT link to the direct page where the CHI can be found. Only link to the main site and give instructions on HOW to find it. Also, never post any more than 50 words (as deemed by the Fair Use Act on copyrighted material).

Posted: Wed May 14, 2008 4:35 pm
by _Mercury
Infymus wrote:The CO$ Cult has filed suit again and again against Wikileaks to no avail. I am doubtful that the Mormon Cult will have any such luck either.


if you can snub scientology I think the Mormon church will have no different result.

Posted: Wed May 14, 2008 4:48 pm
by _skippy the dead
Infymus wrote:Also, never post any more than 50 words (as deemed by the Fair Use Act on copyrighted material).


Show me where there's a 50 word limit.

Posted: Wed May 14, 2008 4:54 pm
by _Infymus
skippy the dead wrote:
Infymus wrote:Also, never post any more than 50 words (as deemed by the Fair Use Act on copyrighted material).


Show me where there's a 50 word limit.


There isn't a specific 50 world limit. Where does "Fair Use" of any copyrighted work cross the line?

The 50 word specific limit was included in the settlement against the Tanners.