February 26, 2008
VIA FACSIMILE (727) 821-3117 and U.S. Mail
Thomas McGowan, Esq.
150 Second Ave. North
Suite 870
St. Petersburg, FL 33701
Re: Courage Productions, LLC-“The Profit”
I have spoken to my client and we offer the following response to the last
communications received from your office. First, the film “The Profit”
is not subject to any restrictions based on defamation, or any other content
based concerns. This film is fully and completely protected by the First Amendment
and absolutely nothing contained in the film would suffice to justify any
limitation on its exhibition. The accusations contained in your earlier letter
are nothing more than a clear example of Scientology’s unyielding view
of the First Amendment as a “one way street.” The same constitutional
protections that extend to their “religious practices” extend
equally to those who reject their religious practices and also provide protection
to those who are vocal in their criticism of Scientology, or who would like
to place the issues surrounding the Church for full evaluation through the
“robust exchange of ideas and information.” If Scientology is
ever to escape its negative persona, it must strive to embrace the Voltaireian
concept of, “I may disagree with what you have to say, but I will fight
to the death for your right to say it.” If Scientology doesn’t
like the criticism leveled against it, it should respond with sensible responses
to that criticism, not censorship or retribution.
As it pertains to the latest letter, In contrast to Mr. Minton's actions
and those of his apparent agent, Mark Bunker, who posted 3rd generation editing
clips, your client's actions made the film appear to be of poor quality and
thus damaged the marketability and value of the film. Further, Mr. Minton's
agent, Bunker, put said poor quality clips on a website for the Lisa McPherson
Trust and Bunker's own anti-Scientology website, Xenutv.com.
As per the letter that you reference, we demanded that any clips and marketing
of the film should be done from THE PROFIT's own website (www.theprofit.org)
, so your point is therefore moot, since the referenced clip appears on said
website. More importantly, we regard your letter and its attempts to curb
the marketing of our film to be further evidence of Mr. Minton's continued
bad faith regarding the project. The clip being shown on THE PROFIT website
is a teaser segment of the film, and serves as a trailer for the movie. Additionally,
since you've brought the Youtube link (http://www.youtube.com/watch?v=C327nSnqKw8
) to our attention, my client was pleased to notice that all the comments
were very positive regarding the film, which should lighten your client’s
heart about the marketability of the film. Please inform Mr. Minton that we
see this as a good sign that releasing the film will be well-timed in this
current environment of avid interest in the perceived subject matter and general
hyperbole of the work. Criticism and satire are protected by the First Amendment,
so protestations to the contrary are pointless.
Rather than damage any asset of the LLC, the short clip merely keeps the film
in the public eye, and in a positive way. The negative and discrediting comments
made by the film's detractors, including Mr. Minton's current or former employees,
such as Mark Bunker, are false and without foundation, and rather are merely
continued attempts by Mr. Minton's new "partners," the Church of
Scientology, to damage and try to destroy this important film through any
means whatsoever, regardless of the best interests of the LLC, or any legitimate
public interest.
We are well aware of the fact that court records show that Mr. Minton made
a deal with the Church of Scientology to ensure that the film "never
saw the light of day," and that his conveyance of power of attorney to
you, as witnessed by Mike Rinder, then chief of the infamous Scientology OSA,
was merely a device to allow the Church to dictate your actions in this matter.
Your letter is further evidence of this.
Therefore, we wish to inform you as the agent of the Church of Scientology
that the posting of a film clip is no more a violation of the agreement than
was the posting of the film's trailer on the internet. This trailer actually
was a marketing tool, and was posted on the internet for seven years without
comment by Mr. Minton or his new partner, the Church of Scientology. This
current clip is just a device to keep the film in the public eye, until such
time as Mr. Minton’s actions with respect to the film are no longer
controlled by the Church of Scientology.
This clip does not detract from the value of the film and therefore does not show the kind of bad faith that Mr. Minton has continually shown since he became an accomplice of the Church of Scientology.
In the Second District Court opinion dealing with this debacle, the facts were accurately noted:
“Primarily, Mr. Alexander claims that Mr. Minton’s actions are
inimical to the LLC’s best
interests and to his duty and loyalty to the company required by section 608.4225,
Florida Statutes (2002), because he has now aligned himself with the adversary.”
During the time since he made the deal to try and destroy the film, Mr. Minton's actions, as apparently dictated by the Church of Scientology, and as further evidenced by your letter, show continued and malicious examples of “bad faith” toward the best interest of the LLC, through the efforts to promote the sole product of the LLC, the film "The Profit," to such an extent that his rights as a “good faith” member of the LLC have been compromised. His duty is to the LLC, and advancing the success and marketing of the sole asset of the LLC, even if only to recoup his and Mr. Alexander’s huge investments of time and money, is consistent with all his obligations. Anything else is legally insupportable. I trust this makes Mr. Alexander’s position clear.
Sincerely,
Luke Lirot, Esq.
Cc: Peter Alexander