EMF Subpoena Notices JZK, Inc vs. Coverdale

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EMF Subpoena Notices JZK, Inc vs. Coverdale

Unread post by EMFWebmaster » Fri Feb 08, 2013 9:54 pm

EnlightenMeFree.com (EMF) subpoena notices: JZK vs. Coverdale Jane & John Does 1-20
Subpoena Notice from our Web Hosting Company AllWebCo
Hello, EnlightenMeFree
We have received a temporary restraining order from the Superior Court of the state of Washington for Thurston County to have you immediately remove the material described below from your site, or shut the site down pending trial.
The court clarifies its previous order granting Temporary Restraining Order as follows:
Defendants, their agents, employees, attorneys and all persons in concert with them are immediately enjoined from continuing to display or otherwise disseminate RSE information or material, including but not limited to audio recordings or video footage of classes, lectures, meetings, speeches, teachings, or other gatherings organized or presented by JZK, Inc or RSE without the express written consent of JZK, Inc. Any video or other material or information currently posted or displayed by said individuals on any internet website or others forum where it can be accessed by others is to be immediately removed.
If we do not hear back from soon, we will be forced to disable your site to comply with the court order.
Please confirm receipt of this email and removal of the above materials.
Thank you,
Subpoena Notice from Google
-------Original Message-------
From: google-legal-support@google.com
To: enlightenmefree@gmail.com
Subject: Subpoena Notice from Google (Internal Ref. No. ----------)
Hello,
Google has received a subpoena for information related to your Google account in a case entitled JZK, Inc. v. Virginia Coverdale, Jane & John Does 1-20, Superior Court of California, County of Santa Clara, 113CV240456 (Internal Ref. No. 296418).

To comply with the law, unless you provide us with a copy of a motion to quash the subpoena (or other formal objection filed in court) via email at google-legal support@google.com by 5pm Pacific Time on February 24, 2013, Google may provide responsive documents on this date.

For more information about the subpoena, you may wish to contact the party seeking this information at:

Andrea McNeely
1201 Pacific Ave, Ste 2100
Tacoma, Washington 98402
253-620-6500

Google is not in a position to provide you with legal advice.
If you have other questions regarding the subpoena, we encourage you to contact your attorney.
Thank you,
Legal Investigations Support
Needless to say, we are seeking legal advice and will keep you posted.

Your EMF team.

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David McCarthy
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Re: EMF Subpoena Notices JZK, Inc vs. Virginia Coverdale

Unread post by David McCarthy » Wed Feb 13, 2013 9:51 pm

Hi Everyone,
JZK’s attorneys are handing out subpoenas like parking tickets, this is a classic example of abuse of subpoena powers by a powerful corporation on a 'fishing and intimidation' expedition.
If any EMF members have received a subpoena, or.. have been hassled by JZK,Inc asking for the identities/information about EMF members?
please let us know straightaway.
Please Email enlightenmefree@gmail.com

David

Related:
Washington State Courts - Court Rules.
(1) If at any time during the proceedings it is brought to the courts
attention that a party's lawyer has abused the power to issue subpoenas,
the court may impose upon the lawyer such terms as are just.
http://www.courts.wa.gov/court_rules/?f ... jcrrlj4.08
Don't abuse subpoena power, warns judge
A warning from the US 9th Circuit Court to attorneys not to abuse subpoenas might serve as word of caution to the RIAA, say legal experts.
In a decision that supports electronic privacy rights, a federal appeals court ruled that attorneys violate the law when they try to subpoena e-mail messages to which they're not entitled, says a September 2 CNET story.
"The 9th U.S. Circuit Court of Appeals said last week that a lawyer was acting unreasonably when sending a subpoena to an Internet service provider, NetGate, that sought 'all copies of e- mails sent or received by anyone' at a company called Integrated Capital Associates - the opposing party in the litigation," says the CNET report here, going on:

"The subpoena power is a substantial delegation of authority to private parties, and those who invoke it have a grave responsibility to ensure it is not abused," Judge Alex Kozinski wrote on behalf of a unanimous three-judge panel. The panel ruled that the attorney had violated two federal laws: the Stored Communications Act and the Computer Fraud and Abuse Act."
DMusic.com |
http://news.dmusic.com/article/7592
THE POTENTIAL ABUSE OF THE SUBPOENA POWER UNDER
THE INEVITABLE DISCOVERY DOCTRINE. PDF
http://newsandinsight.thomsonreuters.co ... ena_power/
Sham Email Subpoena Violates Whistleblower's Constitutional Rights
Federal Appeals Court Should Reexamine Ruling Threatening Email Privacy
Atlanta - The Electronic Frontier Foundation (EFF) and attorney Bryan Vroon asked the U.S. Court of Appeals for the 11th Circuit today to reexamine a panel ruling that violated a whistleblower's Fourth Amendment right to privacy in his email communications.

https://www.eff.org/press/archives/2010/03/31
But he has nothing on at all, cried at last the whole people....

Ockham
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Re: EMF Subpoena Notices JZK, Inc vs. Virginia Coverdale

Unread post by Ockham » Thu Feb 14, 2013 5:31 am

Knight and company probably see themselves as if they were like the Church of Scientology or one of the moneybags evangelical preachers. Even though Knight and company have grown fat and wealthy on the backs of RSE's customers, the RSE operation is a piss ant compared to the Scientology financial power house. The adoration of Linda Evans of Judy Knight is tiny compared to the legions of Hollywood denizens that pour money into Scientology.

As formidable a moneyed litigation factory as Scientology is, Scientology is losing members in droves and has not been able to avert the publication of highly critical books:

http://www.npr.org/2013/02/06/171096563 ... oing-clear

Note to Knight and company: it may feel good to sue the crap out of everybody you don't like, then subpoena and depose until the cows come home, but it is an asymmetrical battle. RSE has all the money at stake, but the people in the RSE cross hairs have very little. It is getting blood out of a turnip. So who really loses? To me, it smells like RSE is the loser, even if they win court battles. As Scientology elders have found out, the truth gets out eventually anyway. Meanwhile, the rest of us can marvel at how any of RSE's horse manure could be in any way be labeled as enlightened. And where the hell is Uncle Ramtha? Wouldn't one snap of the 35,000 year old fingers dispatch the mess in just a few nanoseconds and erase the bad press from the timeline? Could it be Uncle Ramtha is mere illusion?

Rooster
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Re: EMF Subpoena Notices JZK, Inc vs. Virginia Coverdale

Unread post by Rooster » Thu Feb 14, 2013 7:54 am

They have a long way to go, and not so sure they have any battles won. Rse in no way even measures to scientology. Rse is a small town group with few followers compared. Not really that many around the world, and dieing out. I say many loop holes and a fight a sociopath can dish, another can match. Give a sociopath enough rope, they will hang themselves!

Ockham you are incredible and a wealth of inforation! Not sure where you get it, but your awesome!
I love all of your posts!

Tree
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Re: EMF Subpoena Notices JZK, Inc vs. Virginia Coverdale

Unread post by Tree » Fri Feb 15, 2013 6:57 am

I think r$e is a just a few linear years and a few lawyers behind Scientology.

They do eventually hang themselves.

California Dreamin'
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Re: EMF Subpoena Notices JZK, Inc vs. Virginia Coverdale

Unread post by California Dreamin' » Tue Feb 19, 2013 7:41 pm

They have a long way to go, and not so sure they have any battles won. Rse in no way even measures to scientology. Rse is a small town group with few followers compared. Not really that many around the world,
JZ/Scamtha is merely a "fookie" in her own game. Most people in the cult world have never even heard of her.

RoyGBiv
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Re: EMF Subpoena Notices JZK, Inc vs. Virginia Coverdale

Unread post by RoyGBiv » Wed Feb 20, 2013 9:35 pm

penalty flag is on the field for "misuse of terms". 5 yards, first down. tweet!

"fookie" is an honorable term and a compliment. Strictly defined, it is a former folkie who you better not fuck with. I am proud to be a fookie. JZR will never be a fookie.

to your point though, she is a small fish in a big pond.

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David McCarthy
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Re: EMF Subpoena Notices JZK, Inc vs. Virginia Coverdale

Unread post by David McCarthy » Sun Feb 24, 2013 8:44 am

Thank you for your posts everyone,
It is of real concern for all of us to have this shadow of JZK's subpoena's looming over EMF,
but I really had a chuckle when I read Ockham's comment on another thread today....
I think it will be a cold day in hell before RSE or its agents could shut down EMF.
We wish to reassure all of you that EMF is fully backed up... :idea:
And we have one of the finest attorneys looking into all legal remedies to protect EMF and counter these subpoena's.
Everything that can be done is being done to protect EMF and to keep us online.
This also means protecting your rights to free speech and your rights to speak anonymously on the Internet.
To avoid feeding JZK's legal trolls there is not much we can openly discuss regarding our legal response to JZK, Inc at this time.
We will keep you posted as we move forward.
Thank you everyone for your ongoing support and courage.... :idea:

David, Robair and your EMF team

Freedom of speech - Wikipedia
http://en.wikipedia.org/wiki/Freedom_of_speech
But he has nothing on at all, cried at last the whole people....

RoyGBiv
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Re: EMF Subpoena Notices JZK, Inc vs. Virginia Coverdale

Unread post by RoyGBiv » Mon Feb 25, 2013 5:17 am

My first amendment rights will not be abridged, especially by a bloated, drunken and surgically augmented shyster. In my opinion, hehe... ;-)

naturegirl
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Re: EMF Subpoena Notices JZK, Inc vs. Virginia Coverdale

Unread post by naturegirl » Tue Feb 26, 2013 11:04 pm

RoyGBiv, I agree!

No more fear from Judith! I stand strong and I am not afraid!!! Judith you want to know who we are why are you not using your remote viewing skills?? What wrongs they are not working- according to you - in seven years a person is a God- so you should have no need for Google!!
Shame on you!!! You have no right to attack people because they choose to speak there truth, remember it is our Truth!!! You live your truth and leave us alone - sending out subpoena's - what's next Judith?? I expected more from you since you are awaken, right??? Shame on you!!! Shame on you!!! Attacking people!! Shame on you!! Judith, I expected more more!!!! :mrgreen: :mrgreen: :mrgreen: :mrgreen:

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Re: EMF Subpoena Notices JZK, Inc vs. Virginia Coverdale

Unread post by David McCarthy » Thu Feb 28, 2013 2:55 am

If any EMF or EE members have received a subpoena, or.. have been hassled by JZK,Inc asking for the identities/information about EMF or EE members
let us know straightaway.
And send a copy of the subpoena to > Email: enlightenmefree@gmail.com

Thanks

David
But he has nothing on at all, cried at last the whole people....

Cedar
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Re: EMF Subpoena Notices JZK, Inc vs. Virginia Coverdale

Unread post by Cedar » Fri Mar 01, 2013 6:07 pm

What I really want to do is be supoenad to tell them what I think of RSE after what I saw. Their stupid supoenas have not silenced people... It made them speak out more. Well, would be perfect if Scamtha showed up for court piss drunk... Cussing like she usually does, and piss herself on the witness stand. Give the judge a good view of what we witnessed at R$E... Hic... Burp

Jeff Adams
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Re: EMF Subpoena Notices JZK, Inc vs. Virginia Coverdale

Unread post by Jeff Adams » Sat Mar 02, 2013 9:56 am

Here is a link which discusses a case similar to this one. It was about copyrighted material versus someone's free speech rights to post said copyrighted material. The cult wanted their "copyrighted material" protected from postings by "former or disgruntled" cult members. Read what's in the link. The cult lost!

http://blog.ericgoldman.org/archives/20 ... _group.htm

Technology & Marketing Law Blog

« Medical Justice Capitulates by "Retiring" Its Anti-Patient Review Contracts | Main | The Cookie Crumbles for Amazon Privacy Plaintiffs – Del Vecchio v. Amazon »
December 01, 2011
Spiritual Group's Attempt to Unmask Online Critics Goes South--Art of Living Foundation v. Does

[Post by Venkat Balasubramani]

Art of Living Foundation v. Does, 10-cv-05022-LHK (N.D. Ca.; Nov. 9, 2011)

Art of Living Foundation is an organization based in India that is dedicated to teaching the spiritual lessons of “His Holiness Ravi Shankar.” Defendants are disgruntled former “student-teachers and students” of plaintiff who want to bring to light their view that AOLF is a “manipulative and abusive cult.” Defendants posted blogs under the pseudonyms “Skywalker” and “Klim.”

AOLF sued, alleging various claims including defamation, misappropriation of trade secrets, copyright infringement and trade libel. AOLF also alleged that defendants published AOLF’s copyrighted “Breathe Sound Water Manual.” AOLF sought leave to conduct expedited discovery. This request was approved and AOLF issued subpoenas to Google and Automattic. Before Google and Auttomatic complied with the subpoenas, defendants appeared through counsel and moved to dismiss AOLF’s defamation claim, strike its trade secrets claim, and also moved to quash the discovery. Skywalker acknowledged that he published the manual, but said that he posted this solely as part of his larger campaign to bring awareness to his views about AOLF.

While the motion to quash was pending, the court granted defendants’ request to dismiss the defamation claim, and struck the trade secrets claim. AOLF filed an amended complaint limiting its claims to copyright infringement and misappropriation of trade secrets. Magistrate Judge Beller granted the motion to quash as to Klim but denied it as to Skywalker, relying largely on the fact that a prima facie claim of copyright infringement is sufficient to overcome the right to anonymity. Judge Koh, reviewing Magistrate Judge Beller’s order, finds that AOLF failed to overcome Skywalker’s right to remain anonymous and quashes the subpoena as to Skywalker.

In a characteristically excellent order, Judge Koh canvasses the various standards courts apply in resolving anonymity issues. Some courts have required plaintiffs to make a prima facie showing before ordering disclosure, while others have demanded admissible evidence establishing each element of a claim. The Ninth Circuit recently held that in resolving the disclosure issue, courts should keep in mind the nature of the speech (e.g., purely commercial versus purely political) as well as the potential chilling effect of ordering disclosure (In re Anynomous Online Speakers). Finally, and most troubling for the defendants, a widely cited 2004 decision from the Southern District of New York found that a prima facie allegation of copyright infringement entitles the plaintiff to identify doe defendants (Sony Music v. Does).

Defendant raised a fair use argument, but the court does not rely on the possibility of non-infringement in resolving the disclosure issue. The court notes that “evidence of copyright infringement does not automatically remove the speech at issue from the scope of the First Amendment.”

The court employs a balancing test where it weighs the harm to plaintiff and defendants. Disclosure of Skywalker’s identity would have a chilling effect on other bloggers, and this weighed heavily in favor of defendants. With respect to harm to the plaintiff from quashing the subpoena, the court finds that AOLF would not suffer a comparable harm. AOLF could proceed in the litigation without knowing Skywalker's identity—Skywalker had responded to written discovery, and if necessary, AOLF’s counsel could even conduct a deposition via telephone (or alternatively, Skywalker’s identity could be revealed on an attorneys’ eyes only basis). Ultimately, AOLF was unable to make a compelling argument that it needed to discover Skywalker’s identity at this point in the litigation. It raised a weak argument that it needed to find out the revenues generated from Skywalker’s blog but the court notes that this information could be gleaned through other sources, such as Google and Automattic.
__

This is a nuanced result. The court recognizes that the copyright claim is not particularly strong and there is a good chance, this is the end of the road for Art of Living Foundation. The earlier dismissal of its defamation claim (and accompanying liability for attorney's fees) is a serious blow, but the court's rejection of its request to unmask Skywalker deprives AOLF of what it was looking to get out of this lawsuit--early identification of a pseudonymous blogger. On the merits of his copyright claim, Skywalker may win on his claim for fair use or successfully argue that the damages are minimal at best. (See generally, the Righthaven debacle.)

The overall takeaway is that if you as a blogger face a claim for garden-variety copyright infringement, this type of a ruling shouldn't give you much hope. Courts will readily cite to Sony Music v. Does and order compliance with a subpoena seeking your identification. If, on the other hand, a plaintiff is using a weak copyright claim to get at you for bad-mouthing the plaintiff, a court may see it for what it is, and deny the requested discovery. Of course, this depends on your luck of the draw and requires you to be in front of a thoughtful judge and have good representation. (The ACLU, EFF, and Public Citizen weighed in as amici, which didn't hurt.) It also requires that service providers don't jump the gun when responding to subpoenas seeking identification. I'm sure on a daily basis, numerous posters and bloggers are unmasked because the circumstances are different from those in this case. Additionally, "garden-variety" copyright infringement unmaskings never get to court at all; service providers routinely make disclosures under section 512(h) without the alleged infringer even knowing it.

Added: Art of Living approached me and asked if I would add a link to an explanatory letter from them explaining their motivations in bringing the lawsuit. I've uploaded it to Scribd here.

Other coverage:
Public Citizen: Federal Judge Protects Anonymity of Blogger Despite the Allegedly Infringing Posting of a Copyrighted Teaching Manual
Techdirt: Courts Can't Ignore Free Speech Concerns Just Because Someone Claims Copyright Infringement
Wendy Davis: Court Rejects Bid To Unmask "Art of Living" Critic
RCFP: Federal judge preserves blogger's anonymity

Ockham
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Re: EMF Subpoena Notices JZK, Inc vs. Virginia Coverdale

Unread post by Ockham » Sat Mar 02, 2013 11:52 am

Thanks Pastor Jeff. That's a great citation.

I am not an attorney nor do I have a formal legal education. I believe Knight vs. Coverdale is a significant case because of the element regarding Knight's apparent attempt to manipulate the political system. The Knight case could be president setting and should attract the attention of the American Civil Liberties Union, Electronic Frontier Foundation and similar free speech advocates. I hope the attorneys for the defendants is seeking amicus briefs from these groups. Amicus filings may help offset Knight's unfair financial advantage to lawyer-up more than the defendants.

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Re: EMF Subpoena Notices JZK, Inc vs. Virginia Coverdale

Unread post by Robair » Sat Mar 02, 2013 10:30 pm

Hello Everyone
Thank you Jeff for posting this
The Lawyer for Art Of living
is also our Lawyer David mentioned before that we have one of the best lawyer helping us
Robair
I Value Things Not For What They Worth But For What They Represent

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Re: EMF Subpoena Notices JZK, Inc vs. Virginia Coverdale

Unread post by Cheryl » Sun Mar 03, 2013 12:23 am

Great, Robair!

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Re: EMF Subpoena Notices JZK, Inc vs. Virginia Coverdale

Unread post by Jeff Adams » Thu Mar 07, 2013 12:03 pm

Yes, there is likely no better lawyer for this case.
I must say that this is not the time to panic. JZK, Inc. is a very dark and evil machine. If that organization can get people on EMF become extraordinarily fearful, doubtful, or even skeptical of each other, then it can achieve part of its goal. Fear, intimidation, manipulation, etc., - these are its tools. Don't fall prey to the traps. Support each other and build each other up. Don't let them divide you and get you to tear each other down or turn on each other.
Most of you have been pushed around, lied to, bullied, etc., long enough. If there ever was a time to stand up and be heard, it is now.
I recently reviewed the falsehoods espoused by Greg Simmons on the L.A.R.S.E. video from 2007's gathering in the Yelm Middle School. He argued that it is only a few disgruntled R$E people who complain. Sure it is. Look what happens when anyone speaks out. They go after them. Then people get afraid and think their silence is best. That is purely foolish, and it is enabling the bullying and intimidation. Don't be afraid. Speak out. Stand up. Let the truth be known. It's time to really enlighten people, rather than enable the falsehoods and the dangerous cult to continue to hurt more and more innocent people.
This lawyer is a good one. We're in good hands. Don't be afraid!

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