© 1998 VNN


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




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