((My comments in double parentheses - Homer)) LITIGATE NOW ACT - 80 15 January 1994 Copyright (C) 1994 Homer Wilson Smith Redistribution rights granted for non commercial purposes. Ok, its time to look at some things to get a clearer picture of the future. There are three classes of protection afforded to people. 1.) Patents 2.) Trade Secrets 3.) Copyrights There are three kinds of patents: electrical, chemical and mechanical, and now people are trying to push the envelope by creating software and algorithmic patents. A patent is given to those who build a contrivance or invent a process that affords them exclusive rights to produce and license the use of that contrivance or process for a number of years. Part of getting a patent is proving that your process works, and so none of the Church's processing techniques have been patented. The irony is that if they had allowed more peer review and they had been proven to work as claimed, the Church might have gotten away with a patent and we would all be in much worse trouble now for it. A trade secret is a PRIVATE agreement between two people legally binding the receiver of the secret to not divulge the secret. It has no legally binding effect at all on others who might find out the secret from other sources or even someone who violates his own promise of secrecy. It is true that often people find out trade secrets from people who violate their agreements, but only the person who had the agreement is liable under the law, the other person can do what ever he wants with the secret including use it and copy it. The Church upper levels presently exist all over the world in thousands of Free Zone hands, and so the cat is out of the bag so to speak. Copyrights are granted to authors to protect the presentation of their work. Copyrights do not apply to the ideas expressed in those works. Thus if someone writes up a newly discovered process and fails to patent it, you are perfectly well within your rights to read that process and take it and use it as your own, as long as you don't physically copy and redistribute the original write up. PAGE 2 The main problem with free zone use of Scientology is that so much of it depends on using exact copies of various rundowns and training manuals and correction lists etc. Thus in order to practice truly standard Scientology in the field, you HAVE to violate copyrights just to get the materials at hand to run on your pc. Remember we are not talking about running a single process like "What are you dramatizing?" We are talking about something like the Nots Series 24 Correction list, which according to the faithful must be used EXACTLY AS IS. Thus here copyrights are the biggest stumbling block. A lot of people don't realize this, but Standard Scientology is a 'paper work' religion, the materials of training, rundowns and correction lists etc, must all be completely standard, WHICH MEANS THEY MUST BE EXACT COPIES OF THE ORIGINAL LRH WORK! Cute, huh? For example on correction lists, it is not enough to merely read off the items from your one and only copy and write them down on a separate work sheet. THE READS MUST BE WRITTEN ON THE CORRECTION LIST ITSELF and that copy then has to be placed in the pc's folders. So of course you have to make copies, a new one for each pc and for each use of the list with that pc. You might use an L3RD Dianetic Correction List 30 times over the course of serious dianetic auditing and all of them must be individually marked with the date and time and pc's name and reads and so forth and placed in the folder with the session in which they were used. The very basic of this is that Scientology is a copyrighted paper work religion. So let's review this. Nothing in Church technology is patented (except the E-meter and that's old hat.) So patents are not a problem. Lots of stuff has been trade secreted, but they have been dispersed to the wind the world over, so it is now freely available to anyone who wants to use it. EVERYTHING in the Church is copyrighted, right down to the boogies on the wall, so making copies of this stuff to use it standardly is a real problem, and so is posting the tech to the net for discussion and dissemination. This is not a problem with many of the individual processes, such as the one I gave you above "What are you dramatizing?" That happens to be Grade 6, R6 End Words. It's not patented, so there is no problem there. PAGE 3 It is trade secreted, but everyone and their dog knows about it so they can all use it and do. There is too little to claim copyright on, so it can be used freely. However take the recent Nots Series 24 BT Correction List. It's not patented, so there is no problem there. It is trade secreted, but everyone knows about it now, so they can use it. However it is copyrighted, and so posting it was a possible copyright infringement, and making further copies of it to use in session would be further copyright infringement. This effectively stops the use of that particular tech right there. But now let's look at a different subject, GPMS. Specifically let's look at the Clearing Course GPMS and the OT II GPMS. Most of you have never seen these structures, either because no one has had them to post, or no one is really interested in them, or because they are too hot legally to handle. I have added the Clearing Course (CC) GPM from Excalibur Revisited below with further discussion to give you more reality on the alleged nature of implant GPMS and the legal problems that they entail. The CC implant given below is NOT the same as the Church's version, but for the purpose of discussion I want you to assume that it is the same implant, as the basic ideas involved are similar enough to make the point I am going to make valid for both. By the way the full text of Excalibur Revisited by Geoffrey Filbert is available at the archives. ftp.rahul.net/pub/homer/act/excalrev.scr THE R6 BANK. To CREATE PRESENT AFFINITY <--> To DESTROY PRESENT AFFINITY To CREATE PERFECT AFFINITY <--> To DESTROY PERFECT AFFINITY To CREATE PERCEIVABLE AFFINITY <--> To DESTROY PERCEIVABLE AFFINITY To CREATE IDEAL AFFINITY <--> To DESTROY IDEAL AFFINITY To CREATE COUNTER AFFINITY <--> To DESTROY COUNTER AFFINITY To CREATE ALTERED AFFINITY <--> To DESTROY ALTERED AFFINITY To CREATE REAL AFFINITY <--> To DESTROY REAL AFFINITY To CREATE NOT AFFINITY <--> To DESTROY NOT AFFINITY To CREATE ABSENT AFFINITY <--> To DESTROY ABSENT AFFINITY This is a classic 9 line GPM, where each of the 9 lines contains PAGE 4 two opposing goals or 'items'. Each goal consists of a ROOT WORD (To Create, To Destroy), an END WORD (Affinity) and in this case a MODIFIER (Perfect etc.) The 9 lines comprise one GPM within the R6 Bank. There are 49 other similar GPMS in the same bank which have almost identical structure to the one laid out above, except that the END WORD is different for each one. Therefore there are a total of 50 different nine line GPMS, one for each End Word. These are the End Words for the 50 GPMS. 1.) AFFINITY, COMMUNICATION, REALITY, UNDERSTANDING, BEINGNESS 2.) DOINGNESS, HAVINGNESS, EXPERIENCE, KNOWINGNESS, CONTROL 3.) RESPONSIBILITY, THETANS, MINDS, BODIES, IDENTITIES 4.) SEX, GROUPS, MANKIND, LIFE FORMS, PHYSICAL UNIVERSE 5.) SPIRITS, GODS, UNIVERSES, DEPARTURES, CLEAR ANALYTICAL MINDS 6.) REACTIVE MINDS, GOALS, PROBLEMS, MASS, MATTER 7.) ENERGY, SPACE, TIME(S), PICTURES, LIFETIMES 8.) GAMES, HARM, SURVIVAL, BEAUTY, SANITY 9.) DECENCY, TRUTH, AWARENESS, INDIVIDUALITY, CO-EXISTENCE 10.) MAGIC, CONFUSION, STABLE DATA/CERTAINTIES, DEATH, LOVE So to recap, the R6 Bank is a bank of 50 GPMS. Each GPM has 9 lines, and each line has two opposing goals. Considering that there are 18 goals per GPM and 50 GPMS, that makes for 900 goals that can be dramatized as people 'sashay' down the R6 structure. Some people will be found dramatizing earlier GPMS in the series, some later. If someone is new to a particular GPM, they will be dramatizing beginning goals in the GPM, later they will fall down to later goals in the GPM. For example Filbert claims that some people that we all know and love are dramatizing 'To Destroy Present Clear Analytical Minds.' OK, so now what is all this? Is this someone's fancy or is this the result of sensible research into the mind? Well for one there are a number of different versions of this GPM, the most glaring differences of course are between the one stated above and the one that LRH offers on his clearing course. These particular differences are not the differences of two researchers disagreeing on minor structural details. In this case they are two completely different GPMS. Filbert claims that this GPM underlies the GPM run on the Church clearing course, and that people who have gone clear in the Church will still be found to be reading on this GPM, but not the other way around. Of course Filbert and LRH both claim a lot of things, and no doubt if you look carefully enough both are wearing metal caps on their heads to keep alien rays out. However let's look at the facts. These GPMS were found with the meter, which is a scientific instrument after all. Further they were PAGE 5 found on a number of different people, and were found to have essentially the same data in them with minor differences. Of course you can claim that the research was not done well, nor was it done double blind etc, and it is very possible that this is all true. It certainly is true that the research was not broadly publicized and is still kept a relative secret. We aim to change that, right? Now I can just hear some of you saying, well it can't be proved, its just belief, brainwashing etc, which it all very well may be. It is also true that people's INTERPRETATION of the data may be wildly off from what it really is. I mean the classic interpretation of these results is that these GPMS are IMPLANTS given to beings down the whole track somewhere many lifetimes ago by other beings who did not have the well being in mind of the those they implanted. This is INTERPRETATION of what is being found. What is being found is merely that these items read on the meter on some people, and these people can be found to be dramatizing these goals, and when they have run them out, they experience vast changes in their internal states of mind, and even their relationship to the external universe. Now I know it is very hard to prove anything about internal states of mind, and it can be questioned whether objective proof is even philosophically desirable let alone possible, however there are other changes that take place that surely can be verified if anyone is able and willing to do it. Clearly someone attaining a true and controlled grand exteriorization should be able to go places and see things and report back etc, all of which can be verified to everyone's satisfaction and not insignificant amazement. That no one has done this kind of verification for you does not mean it hasn't been verified for others, nor that it can't be verified given the willingness to do it. It has been claimed by some that it is naive to demand that people demonstrate super human powers in the present society, it has also been claimed by others that anyone with such powers should want to show those powers to 'convince and convert' others. The point is that it is the person who has the powers who must make these decisions for himself, not the spiritually wanting, and even if he does decide to put on a demonstration it may be only for his close and trusted friends, not the ones with the loudest mouths who will then go shooting off to everyone far and wide that they have seen proof. So it is possible that with some research into GPMS such as the Clearing Course, it might be possible to come up with actual objective evidence that running these things does people some good. Now, assuming that this is in fact the case, we have to ask a very simple question. PAGE 6 Why? Why would running such a thing do someone some good, and why does it have to be run with these items in order to complete, and not some other items? And can we find these items on people without telling them about them, or asking them leading questions etc? As much as LRH wanted to find a Totally Nonevaluative Technology, he seemed to be in a desperate hurry to 'find the answer' and then tell everyone about it. Finding the structure of the GPM on the Clearing Course, then led him to TELLING people what the GPM was and that they should run these items in this order, which of course threw the total non evaluation to the winds. Worse you bring in the problem of 'belief' and 'authority' and 'suggestion' and it is a valid criticism to suggest that maybe people are getting changes from running this stuff merely and only because they believe they will and have paid so much for it that they had better. So the scientific side of this is a mess, but until further investigation is done SCIENTIFICALLY into these structures, any conclusions are premature. But look, let's ASSUME for a moment that LRH stumbled onto something here using the E-meter, and that he did in fact try this out on 100 different people and got closely correlated answers as to what the structure of this GPM was. If this is true, surely if others chose to look into the matter, they could possibly come up with the same data, or even other data with similar structure. I mean various researchers in this field fight endlessly over the exact items in these GPMS, but very few will argue with the underlying basics that GPMS as a whole contain ladders of opposing goals etc. So some basics at least are widely agreed upon. Also anyone who has solo audited GPMS of any kind on the meter knows very well what kind of needle reaction you get when you come near one of these goals and opp goals. They don't call them Rock Slams, Rocket Reads, and Lightening Strikes for nothing. You also know that when you get a single item right, your whole body lights up like the 4th of July and you can spend HOURS just sitting there letting the electricity and charge run out for the first time in a million years, and how good you feel afterwards. You also know that the charge is not in the GPM itself, but in the later dramatization of the goals in the GPM and the overts and problems that you had with the opp goals and opp terminals. You know, Cops and Robbers, Good Guys and Bad Guys, Churchies and Freezoners, etc. So all this subjective reality, accompanied by objective needle reactions during such events, and objective similarity of the reported PAGE 7 data from person to person, would lead us to suspect that there is SOMETHING real in these structures that needs further study, even if all earlier INTERPRETATIONS of them are completely off the wall. Now let's look at this from the clearing practioners point of view. He tends to assume that GPMS are not only real, but also exactly what they claim they are, either implanted structures from the long ago past, or self created structures from an even earlier time. As such they are a part and parcel of every person's memory and make up. They are real, they are recordings of events that actually happened to the person or creations of that person or others that the person took on willingly. GPMS are considered to determine the game playing roles of the being for eons, and actually in some sense define the arena of play for that being and all others who have the same structures. In fact GPMS are considered a kind of meta programming for games, they ARE the way that thetans set up games for themselves in this universe, etc. Now it doesn't matter if YOU believe any of this, what is important is that this is the deeply held belief of clearing practitioners and here is where the legal problems come in. Some of these GPMS are very long and complex. The GPMS on OT II are notoriously difficult and cumbersome. You think OT III is weird? Wait till you see OT II. It is surprising that anyone can even READ them, let alone run them or FIND them for themselves. Yet many clearing people are claiming that although these GPMS are generally correct, they have errors in them, and they of course present their own versions of the same GPMS. It is also asserted that identical GPMS can actually have slightly different items in them from being to being, because these beings got the implant at different times across millions of years, and the implanters were always fine tuning their torture and enslavement mechanisms. If this is true, then it would be seriously wrong to insist that everyone run a fixed and uncorrectable version of any of this. In fact one would expect that each person running this general area of the track on themselves or on BT's, would tend to find these subtle differences in HIS OWN GPMS and report back on them as he found them. Now what OT II is, is LRH's research record on 20 to 30 such GPMS which HE CLAIMS THAT MOST EVERYONE HAS AND NEEDS TO RUN IN ORDER TO RELEASE THE CHARGE BLOCKING DIRECT VISION OF OTHER BEINGS. He does admit however that it is the BT's who have the GPMS not the pc, but the pc is being the conglomerate of BT's he calls himself, so sometimes it is unclear whether you are running this stuff on the BT's or on yourself. On the other hand the preclear doesn't know about BT's yet, so at PAGE 8 least at the beginning of OT II he doesn't particularly know he is running this on BT's and clusters, this is left as a cognition to the preclear as he progresses through OT II when slowly or suddenly his BT's start becoming visible to him telepathically. Anyhow, you can't run BT's on OT III, until you can 'see' them, and OT II is what is needed to be run to get back that ability. Or so LRH claims. And in any case the Clearing Course GPM is definitely supposed to be YOURS. It IS why you aren't 'Clear'. So here's the point, if these GPMS are YOUR MEMORY, or YOUR IMPLANT, or YOUR CREATION even, then what business does LRH have copyrighting and trade secreting them? Imagine someone trying to copyright and trade secret the human genome of your body. That would be absurd, wouldn't it? The genome is the entire genetic map for the human race, and also the specific map for each human being. Imagine someone figures out YOUR complete map, using samples from YOUR body, and then hides it all away, and prevents you from knowing it, or using it, or even coming up with it yourself, and charges you outrageous fees for the right to fix your own genome because THEY OWN IT! And if they don't like you, they can deny you their services, and even prevent you from fixing your own genome, USING THE LAW AND THE COURTS TO BACK THEMSELVES UP. "We discovered why you have this genetic disorder first, we know the exact code, we have trade secreted it and copyrighted it, so you can't talk about your code or why you are genetically ill, nor how to fix it, and you certainly can't DO anything to fix it. And if you do we will SUE you for copyright and trade secret infringement." This would make you pretty mad, wouldn't it? Its a form of rape isn't it? IT IS SOMEONE COPYRIGHTING AND TRADE SECRETING YOUR MAKE UP. So let me ask you a very simple question. Who owns your genome map? Who owns your GPMS? So look we have a problem here. Some of us think the Church is off course, others think the Church is totally evil, yet others think the Church is just fine as it is. These are all a matter of opinion. But there are certain inexorable facts. The Church DOES have secret teachings, which if people knew about them, might change their view on whether they wanted to be part of the Church or not, right? PAGE 9 Further some will tell you that some of this data is somewhat dangerous, it might cause some people to freak out or whatever. Other's will tell you that the world is just not ready for this data, and if they knew about it, they would reject it, EVEN THOUGH IT IS TRUE, and that wouldn't be good for THEM, right? Mustn't let people turn away from their own salvation based on their own arrogance, vanity and conceit, now must we? Besides it takes thousands of hours of auditing to realize you are just plum wrong about the nonexistence of BT's and OT III and GPMS etc. You can't expect someone walking in off the street to recognize he is a composite, let alone have the gumption to admit it. Others will tell you, well the main reason we mustn't let others know about this is they will turn away from the Church, and our gross income will plummet. So there are a lot of opinions here, but I think most of us who don't think the Church is perfect, would agree that the world would be a much better place if the secret teachings of the Church were known, and available for peer review research, and if they work, then they should be made available as auditing services at prices that are based on competition and free market enterprise rather than prices based on a competition free monopoly type environment. But here we run into the copyright issues. How can we even discuss SCIENTIFICALLY the Clearing Course GPMS or OT II, let alone do experiments on them and correct or improve them or add to them if the entire work of LRH is copyrighted? You know I can't even post for you the Clearing Course GPM. And you know why? It's certainly not because it is patented. It certainly is not because it is trade secreted. I have no such agreements with them, and even if I did, others certainly don't. No, you know why? It's BECAUSE IT IS COPYRIGHTED. That's right, copyrighted. That is the only hold they have on us not talking about SCIENTIFIC RESEARCH. Now look, how can this be you say? Well its really simple. Take the Clearing Course GPM. Its a rather long affair, it has multiple parts, it actually took many years to get the whole thing into one coherent piece for presentation. If I were to simply place the clearing course GPM on the net word for word, AS IT APPEARS IN PEOPLE'S MINDS, it would be way over the word count for 'fair use'. But why is it copyrighted in the first place? Well for one everyone considers it LRH's CREATION, HIS FANCY, HIS FICTION. As such PAGE 10 he has a right to copyright it, like any piece of poetry or fiction. But if you consider it scientific research into the claimed structure of your own memory, then it has no business being copyrighted, any more than someone has a business copyrighting your genome. HIS ORIGINAL PRESENTATION OF IT CAN BE COPYRIGHTED, BUT NOT THE DATA ITSELF. Take a look at the Emotional Tone Scale. Now that is also copyrighted by Hubbard. And many of you can't seem to make any sense out of it, and perhaps rightly so, but I would assert that it is not just the creative fancy of LRH, but a direct (if confused) statement of the emotional states of a being as he tends from success to failure. In fact there is an exact law that describes the tone scale, and from this law anyone else can and should derive and formulate their own tone scales, and valid comparisons and SCIENTIFIC ARGUMENT could then proceed from those formulations. That law, by the way, is that emotional tone has to do with goals, namely importance and probability of success. Just like light or radio waves, emotional tone can be considered to have wave like characteristics, and like a wave it has both amplitude and frequency. This may be merely poetic, or it may be hard science, let's leave that for another time, ok? For the moment let's just admit that Clearing Practitioners find the analogy USEFUL. So emotion has amplitude and frequency. The more you desire something, the more intense the emotion or the greater its amplitude. The color of the emotional tone (the 'frequency') is related to one's consideration of probability of success or failure. Thus amplitude is determined by importance and frequency is determined by probability of success or failure. Thus one can create a really quick emotional tone scale that goes: Joy Anger Fear Sorrow Apathy You see how simple that was? It might even be right too, although I am sure we can argue about it. Emotional Tone equals importance plus probability of success. PAGE 11 Here is another scale, more expanded, just off the top of my head. Sovereignty Exhilaration Enthusiasm Strong Interest Conservatism Mild Interest Boredom Antagonism Anger (Stop!) Resentment (Don't want to feel again) No Sympathy (Last overt attack tone) Unexpressed Resentment Covert Hostility (Last covert attack tone) Anxiety (Doubt about winning) Fear (Run away) Terror (Can't Run) Numb (Being very still) Suppressed Unexpressed Resentment (Too Numb to know how numb you Propitiation (Buying off the enemy) are.) Sorrow (Crying for help) Apathy (Giving up) Dying Dead Big deal. But it's almost like Hubbard's scale, right? How many copyrights did I violate in that scale? I will tell you. None. Zero, zip, zilch, nada, squat rien. Why? Because it is truth. It is DATA. It is discovery. It is a statement of how things are. My version of it of course. It is open to discussion and counter discussion like all scientific knowledge is. Another slightly more silly example. Say I come up with a new chemical formula that cures meatballism. So I write a paper and submit it to Scientific American, "Our studies have shown that the following chemical compound is effective in staying the onset of terminal meatballism: Di-phenyline ferrous thio-carbonic di-sodium per-sulfurous yttrium mono-acetic acetyl salicylic para tri-hydrobromic di-thorium tri-nitrous di-auric nickle di-chromium potassium mercuric di-cadmium ferric iridium rhodium di-strontium chloro tri-gallium formic dyprosmium cyano acetate. Copyright (C) 1994 Homer Wilson Smith, All Rights Reserved." Then Chris comes along and posts to the net, PAGE 12 "Mr. Smith, as usual, is wrong, I have extensively tested the compound: Di-phenyline ferrous thio-carbonic di-sodium per-sulfurous yttrium mono-acetic acetyl salicylic para tri-hydrobromic di-thorium tri-nitrous di-auric nickle di-chromium potassium mercuric di-cadmium ferric iridium rhodium di-strontium chloro tri-gallium formic dyprosmium cyano acetate. and have found it to have no effect whatsoever on terminal meatballism. However slight alterations to produce a triphenylized hydroxide as follows, TRI-phenyline ferrous thio-carbonic di-sodium per-sulfurous yttrium mono-acetic acetyl salicylic para tri-hydrobromic di-thorium tri-nitrous di-auric nickle di-chromium potassium mercuric di-cadmium ferric iridium rhodium di-strontium chloro tri-gallium formic dyprosmium cyano HYDROXIDE. seems to be useful for polishing my car." A few weeks later, Chris receives a letter from Small, Larkin and Kidde, saying, "Mr. Schafmeister, This is to inform you that you are in violation of Homer W. Smith's copyrights for 4 lines posted to the internet. Statutory penalties are generally calculated at $500 per copy, we estimate 10,000,000 copies were made on the net, so you owe us $5 billion dollars. Immediate payment will be necesssary to avoid litigation." I am sure you see the point. WHAT HAPPENED TO THE SCIENCE IN ALL THIS? So the irony is that the only way to stop the Church from its alleged nefarious activities and to get the data out in the world freely available to all, is to consider this work of Hubbard's to be Scientific Research open to peer review. As long as you consider it Created Fancy, it will remain locked away behind the closed doors of Copyright protection. THUS THOSE WHO NEED TO CONSIDER IT CREATED FANTASY BECAUSE THEY CAN NOT CONFRONT THE POSSIBILITY THAT IT MIGHT BE SCIENTIFIC TRUTH FULLY DESERVE WHAT THEY GET WHEN IT COMES TO THE CHURCH. For the rest of us though, if anyone were inclined to litigate with the Church over this matter of copyrights and trade secrets, I would study the point of view I have presented here thoroughly to see if it has any merit, and if it does, then I would make sure that all of the appropriate material from LRH's scientific research into the nature of PAGE 13 the mind, amnesia and the whole track was attached to your lawsuit and used as the principle focus of inquiry. Homer ----------------------------------------------------------------------- Homer Wilson Smith This file may be found at homer@rahul.net ftp.rahul.net/pub/homer/act/ACT80.MEMO Posted to usenet newsgroup: alt.clearing.technology