World
06/08/98 - 1854
"Cintamani Cartel" at Work?
USA (VNN) - by Krishnadas
Dear prabhus, pamho. agtsp. As you may know Gaura-Nitai's Homepage
and other non-IS_CON approved websites are continuously under
attack of the BBTI if they dare to publish something of A.C. Bhaktivedanta
Swami Prabhupada, our eternal master. William van den Berg (the
legal assistent of the BBTI, who is most probably Varnadi, disciple
of Harikesa) simply threatens the various internet providers to
sue them for copyright violation, if they don't remove the stuff.
He uses the good old Scientology tactics: Regardless if you are
right or wrong, sue and attack everyone and everything till they
go bankrupt and/or run away.
To prove his claim to own the copyright of Srila Prabhupada's
writings etc. he sends the providers two documents - a part of
the indenture of the Bhaktivedanta Book Trust in Bombay 1972 and
the Deed of Assignment from 1990 (both of them enclosed).
I don't think that the later is valid and legal, simply because
Gopal Krishna Gosvami is not mentioned as trustee in the indenture
of 1972. Therefore, how should he be able to transmit the copyrights?
Or is he one of the trustees [Giriraj das and Shyamsundar das]
who's changed his name?
However, the internet provider don't want to become entangled
with copyright suits if there is any uncertainty. I believe it
would be best to have a signed and certified document to clearly
show them that the BBT is the owner of the copyright and not the
BBTI. Then there is a chance that they may not become afraid from
possible bogus suits and therefore don't remove the Prabhupada
pages. Maybe someone can help? Is it possible to get a copy of
such a paper from Hansadutta and/or Bhagavan?
And here are even more questions: What happend with Syamsundar
das and Giriraj das? Are they still alive? Is anyone of them Gopal
Krishna Goswami? Who is Sri Rama dasa alias Thomas H. Klimak,
the alleged president of the BBTI? Any suggestions how to banish
this BBTI and have the writings of Srila Prabhupada online? Please
help. Forward this message to devotees who may be able to help
have the original books and writings of Srila Prabhupada online.
Until now I've tried to have the original Bhagavad-gita and Caitanya-caritamrita
part 1 online using good old hacker tactics - viz. jumping from
one server to another. But it is such time-and-money-consuming.
I can't spend day and night before the computer and fix the damage
this (edited) from the BBTI cause by their attacks on Srila Prabhupada's
writings.
In the need of your advice,
your servant,
Krishnadas
Now the stuff William van den Berg sends to the providers. I've
transcribed it from a very bad fax, so there are some ??? with
possible meaning in [.
Message from William van den Berg
Subject: Copyright violations
From: William van den Berg
Comments: This fax, consisting of 10 pages, has been sent to you
as an addition to the email letter I sent you on Wednesday, May
20, 1998. IT CONTAINS COPIES OF CERTAIN VERIFABLE DOCUMENTS THAT
SHOW OUR OWNERSHUP OF THE COPYRIGHTS TO THE BHAGAVAD-GITA AS IT
IS AND ALL OTHER WORKS BY SRI SRIMAD BHAKTIVEDANTA SWAMI PRABHUPADA.
The copyrights to the early 1966 version of the Bhagavad-gita
As It Is was donated by Srila Prabhupada to the Indian Bhaktivedanta
Book Trust in March of 1972 (Indenture of Trust, M/S Ambhubai
and Diwanji Attorneys at Law). ON THE 24TH OF MARCH, 1990, THAT
BHAKTIVEDANTA BOOK TRUST ASSIGNED ALL ITS COPYRIGHTS TO THE BHAKTIVEDANTA
BOOK TRUST INTERNATIONAL (Deed of Assignment, Mr. Arjun T. Bhagat,
Advocate). The first three pages of the first document and the
entire last document are included in this fax.
Aside to this early official chain, the Bhagavad-gita As It Is
specifically was registered in the USA in August 1972 on the name
of Srila Prabhupada (CRC A 369625). As evident from the Inventure
of Trust of March 1972, the name on that registration should have
been "The Bhaktivedanta Book Trust" instead of "His Divine Grace
A.C. Bhaktivedanta Swami Prabhupada". In Februry 1973 Srila Prabhupada
himself assigned that copyright to the Bhaktivedanta Book Trust
in California. THAT BHAKTIVEDANTA BOOK TRUST EVENTUALLY ALSO ASSIGNED ALL ITS
COPYRIGHTS TO THE BHAKTIVEDANTA BOOK TRUST INTERNATIONAL.
THE CORRECT CHAIN IS FROM SRILA PRABHUPADA TO THE INDIAN BHAKTIVEDANTA
BOOK TRUST AND FROM THE INDIAN BHAKTIVEDANTA BOOK TRUST TO THE
BHAKTIVEDANTA BOOK TRUST INTERNATIONAL. However, in both cases
the copyrights are now owned by the Bhaktivedanta Book Trust International.
Hopying this meets you well and in the best of health.
William van den Berg
Legal Assistant
Bhaktivedanta Book Trust International
1st document, Identure of Trust
Dated th. 90th day of March 1972
Acharya A.C. Bhaktivedanta Swami Prabhupada
to
Acharya A.C. Bhaktivedanta Swami Prabhupada and others
Indenture of Trust
M/S. Ambubhai and Diwanji Attorneys-at-law.
This indenture made at Bombay this 30th day of March 1972 between
Acharya A.C. Bhaktivedanta Swami Prabhupada, hereinafter called
"the
Settor" {which expression shall unless it be repugnant to the
context or
meaning thereof be deemed to include his heirs, executors and
administrators} of the One Part and (1) ACHARYA A.C. BHAKTIVEDANTA
SWAMI
PRABHUPAD, (2) GIRIRAJDAS BRAHMACHARY, (3) SHYAMSUNDARDAS ADHIKARY
hereinafter called "THE TRUSTEES" (which expression shall unless
it be
repugnant to the context or meaning thereof be deemed to mean
and
include the survivors or survivor of them and the Trustee or Trustees
for the time being of these presents and the heirs, executors,
and
administratirs of the last surviving Trustee, their his or her
???????
[aweigns?]) of the Other Part:
WHEREAS:
(i) The Settlor is entitled to copyrights and publication rights
in his
writings;
(ii) The Settlor out of charitable motives and to perpetuate a
charitable Trust, is desirous of creating a Trust of his said
rights;
(iii) The said copyrights and publication rights of the Settlor
in his
said writing are valued at Rs. 1000/ - for the purpose of stamp
duty;
(iv) The Settlor has handed over copies of the said writings to
the
Trustees before execution of these ???????? [presents?]
NOW THIS INDENTURE WITNESSETH as follows:
1. The Settlor for effectuating the said desire and in
consideration of the premises doth hereby assign unto the Trustees
ALL
THAT the publication rights of the Settlor in the said writings
equip of
the Settlor of in and to the ???? [said?] rights and every part
thereof
TO HAVE AND TO HOLD RECEIVE AND TAKE ALL AND SINGULAR the said
rights
benefits and privileges unto the Trustees for ever upon the trusts
and
with and subject to the powers, provisions, Agreements and declarations
hereinafter appearing and contained of and concerning the same.
2. The Trustee do hereby declare that they the Trustees shall
hold
and stand possessed if the said rights {all which copyrights and
publications rights of the said writings are hereinafter for bravity's
sake refered to as "the Trust Property", which expression shall
also
include cash and investments of any kind whatsoever into which
the same
or any part thereof might be converted, invested or varied from
time to
time or such as may be acquired by the Trustees of come to their
hands
by virtue of these presents or by operation of law or by way of
donations or otherwise howsoever in relation to these presents}
upon the
trusts and with and subject to the powers provisions Agreements
and
declarations hereinafter declared and contained of and concerning
the
same.
3. The Caritable Trust shall be known as BHAKTIVEDANTA BOOK TRUST.
4. The Trustees shall hold and stand possessed of the Trust
property upon the following trusts :-
(a) To publish the said writings and any speeches and writing
which
the settlor or any other person may from time to time donate and
collect
interests, gains and other incime of the Trust property including
the
income by publication of the said writing or any speeches writings
and
books of the Settlor or any other
2nd document, Deed of Assignment
Dated this ...... day of March 1990
Deed of Assignment
Between
Bhaktivedanta Book Trust
Bombay .......... Assignor
and
Bhaktivedanta Book Trust International
Los Angeles, California.
Mr. ARJUN.T.BHAGAT. Advocate
132/1, Modi Street,
Fort. Bombay- 400 OO1? [T or F]
DEED OF ASSIGNMENT
THIS INDENTURE made at BOMBAY, this 24. day of March, One Thousand
Nine
Hundred Ninety between M/S. BHAKTIVEDANTA BOOK TRUST, a Charitable
trust
duly registered unter the Indian Trust Act. having registered
Office at
Hare Krishna Land, Juhu, Bombay - 40? 049 whose managing Trustee
is
GOPAL KRISHNA GOSWAMI, Indian National, hereinafter for bravity's
sake
called the 'ASSIGNOR' of One Part:
and
M/S. BHAKTIVEDANTA BOOK TRUST INTERNATIONAL, a California Corporation,
whose principle place of business is 3764 Watseka Avenue, Los
Angeles,
California 90034, USA hereinafter called the ASSIGNEE (which expression
shall unless it be repugnant to the context or meaning thereof
be deemed
to mean and include the Survivir or Survivors of them and the
Trustee or
Trustees for the time being of there oresents and the heirs, executirs,
and administrators or assigns) of the Second Part:
WHEREAS:
A. The ASSIGNOR vide Intenture of Trust dated 20th March 1972
executed between himself and One ACHARYA A.C. BHAKTIVEDANTA SWAMI
PRABHUPADA called as a 'Settler', became the rightful owner and
proprietor in respect of following creations of the said 'Settler':
i) The Assignor was entitled to copyrights and publications rights
of
Settler's Writings;
ii) The Settler out of Charitable motives and to perpetuate a
charitable Trust, was desirous of creating a Trust of his said
rights;
iii) The said copyrights and publications rights of the Settler
in his
said writings were valued at Rs. 1000/- for the purpose of stamp
duty;
iv) The Settler had handed over copies of the said writings to
the
Trustees before execution of these presents;
AND WHEREAS the ASSIGNOR at the request of the ASSIGNEE is desirous
of
assigning and transferring the said Copyrights, Publication rights,
wirks & Writings absolutely with the goodwill of the business
in favour
of the ASSIGNEE in the manner herinafter expressed:
NOW THIS INDENTURE WITHNESSETH as follows :--
1. In pursuance of the said request and in consideration of a
sum
of Rs. 1000/- (Rupees One Thousand Only) paid by the ASSIGNEE
to the
ASSIGNOR (the receipt hereof the ASSIGNOR do hereby admit the
acknowledge), the ASSIGNOR dith hereby assigns and transfers his
all the
rights, interests, titles in the said writings, copyrights, publication
rights and works as hereinabove disclosed with the goodwill in
the
business as well as in the goods in respect of which the said
copyrights, publication rights, wirks and writings which could
be
protected under various laws prevailing in the country or countries.
2. THE ASSIGNOR DOTH convenant hereby with the ASSIGNEE that the
ASSIGNOR has in himself right and absolute authority to assign
and
transfer the said writings and the business in the manner aforesaid
and
that it shall be lawful for the ASSIGNEE from hereafter to hold,
possess
and enjoy and utilise the said writings, works, copyrights and
publication rights and the business in question as his own without
any
interruption.
3. The ASSIGNOR doth hereby convenant with the ASSIGNEE that he
has
paid all charges in respect of said writings and wirks unto date
and
there are no liabilities of any kind from any party against the
ASSIGNOR
subsisting in the said writings and works in question at the date
of
thes presents.
4. The ASSIGNOR doth covenant with the ASSIGNEE that since the
assignment is with the goodwill in the business and the writings
and
works, Publication rights and copyrights and would assist the
ASSIGNEE
for incorporation of ASSIGNEE'S name in the records of various
authorities as need be.
5. The heed of Assignment shall be construed in accordance with
and
governed by the Copyright Act, 1957 and such other laws as may
be
prevelant for the time being.
IN WITHNESS WHEREOF the parties hereto have set their respective
hands
and seals the day and year hereinabove mentioned:
Signed, Sealed and delivered by the ASSIGNOR in the presence
of.......................
Withness: ?????????????? (?????????) [signature] [Jashonatinandan
das?
(Jarnati R. Jadin?)]
Bhima dasa (?????????) [signature] [William Domarsaj?]
Signed Sealed and delivered by the withinnamed ASSIGNEE in the
presence
of..................
Tamala Krishna Gosvami (?????????) [signature]
Bhaktivedanta Book Trust
[signature Gopal Krishna Gosvami]
Gopal Krishna Gosvami
( Mg. Trustee )
[signature ???????? Sri Rama das?]
[signature Thomas H. Klimak]
Bhaktivedanta Book Trust International:
Thomas H. Klimak
President & Secretary
NEWS DESK | WORLD | TOP
|