07/07/98 - 1901

Srila Prabhupada's Legalized Instruction

USA (VNN) - by Gupta das

Open Your Eyes To Srila Prabhupada's Legalized Instruction
6 July 1998

Hare Krishna. Many devotees have read the article entitled "BBT News Release dated 18 June 1998" by the "BBT Communications Office" on the CHAKRA web site. I have also read this "news release" and thought it one of ISKCON's better public relations writings on the issue. With such ability, perhaps one day these writers will consider using their talent to support the revalidation of Srila Prabhupada's original BBT -- instead of crafting BBT-Int'l, Inc.'s spin on these issues under the misleading title "BBT vs. Hansadutta."

The actual title of the Los Angeles Superior Court case BC 170617 being commented on is Bhaktivedanta Book Trust International, Inc., and International Society for Krishna Consciousness of California, Inc., vs. Hans Kary. Hansadutta is the Defendant -- not the Plaintiff. That is, he was sued by the Bhaktivedanta Book Trust International, Inc., and ISKCON of California, Inc. And, in point of fact, it is NOT the "BBT" -- that is, the original irrevocable California charitable trust -- which Hansadutta is challenging in court in his cross-complaint, as the article's title misleadingly suggests.

Rather, Hansadutta is defending the validity of the original BBT (trust) against the BBT-sounding entity formed as a California corporation in 1988 which was rather conveniently named the Bhaktivedanta Book Trust International, Inc. ("BBT-Int'l, Inc"), -- presumably to make it appear to the devotees and public that this corporation is a trust, when, in fact, it is actually another ISKCON-related corporation with few of the special legal benefits provided for by an irrevocable charitable trust. We should all note that without having obtained special authorization from the California Corporation Commissioner, Harikesa & Company would not have even been permitted to use the word "trust" in the name of a corporation since that word is, understandably, misleading nomenclature when used to designate a corporation. The directors of the BBT-Int’l, Inc., also represent to the world that they are “trustees” -- a term which is generally reserved for those who control a “trust” -- as opposed to actually being “directors” of this ISKCON-related corporation.

My comments, then, are in response to the many devotees who have requested that I discuss the article generated by ISKCON's public relations mill regarding Srila Prabhupada's LEGALIZED INSTRUCTION in the form of His Bhaktivedanta Book Trust Agreement dated May 29, 1972. That notarized and recorded document established that particular legal entity (trust) called the Bhaktivedanta Book Trust -- "Srila Prabhupada's BBT" as it is commonly referred to by devotees throughout the world -- and to which most devotees thought they had pledged allegiance in their devotional careers for the past twenty-six years.

To all of the arm-chair critics of Hansadutta, I first suggest that we all reflect on the fact that no one would now have the luxury of being able to articulate such self righteous indignation as expressed by BBT-Int’l, Inc.’s public relations mill, nor the forum to even discuss the niceties of these fundamental structural and spiritual issues, were it not for the fortitude, determination and tenacity of Hansadutta to fulfill the essence of his role as a lifelong BBT Trustee. For six years running Hansadutta has personally stood up in various court cases to block the attempt by the BBT-Int'l, Inc., to illegally convert and transfer Srila Prabhupada's copyrights from His original 1972 irrevocable California charitable trust into Harikesa & Company's own concocted BBT look-alike 1988 California corporation. In my view, meeting such an incredibly difficult and demanding challenge exemplifies precisely why Srila Prabhupada personally placed Hansadutta in the position of a lifelong BBT Trustee in the first place.

The efforts of Hansadutta, Bhima das, Das Dasanudas Devi Dasi, Veda Guyha Das, Bhagavan, and many others to uncover and thwart Harikesa & Company's convoluted plan to fraudulently convert Srila Prabhupada's copyrights, as well as their collective support for the legal effort to revalidate the original BBT trust and invalidate ISKCON's bogus "Assignment of Intellectual Property," will not be dismissed or sidetracked by misplaced indignation or slick public relations articles, however well crafted or expressed.
In fact, it is undisputed that the BBT-Int'l, Inc.'s proffered "Assignment of Intellectual Property" - three pieces of paper by which ALL of Srila Prabhupada’s literary legacy was purportedly transferred -- was not only admittedly back-dated by some four years but was signed by two senior devotees who, also admittedly, had absolutely no legal authority to transfer all of Srila Prabhupada's intellectual property out of the BBT (trust) and into Harikesa & Company's "holding company" called the BBT-Int'l, Inc. (corporation).

It is also undisputed that the unequivocal language of the BBT Agreement dated May 29, 1972, which established the BBT states that: “This trust shall exist independently of the International Society for Krishna Consciousness and the Trustees’ functions and duties stated herein shall be separate and not dependent on the Governing Body Commission of the International Society for Krishna Consciousness.” [Page 2, lines 16 - 21] In spite of this clear legal directive, the directors of the BBT-Int’l, Inc., today argue that the GBC had the power to remove Hansadutta as a BBT Trustee, and that the “new and improved” ISKCON-related corporate concoction stands in the same legal shoes as Srila Prabhupada’s original trust.

Yet even if one puts aside the essential issue of following Srila Prabhupada’s legalized instructions by keeping His Vani in the irrevocable charitable trust He established, are any of the legal machinations by the BBT-Int’l, Inc., based on policies which support the “Availability & Accuracy” of His Books ?

Certainly, Srila Prabhupada’s Books are NOT available when ISKCON refuses to sell to, for example, the Prabhupada Yoga Meditation Center (“PYMC”) in Singapore - for whatever reason. Many unsuccessful attempts to purchase Srila Prabhupada's Books from various ISKCON temples and outlets directly led to PYMC's publishing of a Chinese edition of the original Bhagavad-Gita As It Is with the permission of BBT Trustee, Hansadutta. Instead of taking the time to meet and talk to Hansadutta about the issue, in 1992 the BBT-Int'l, Inc., filed a six-figure lawsuit against the PYMC in Singapore Court for copyright infringement. Earlier this year, however, after five years of expensive litigation, the BBT-Int'l, Inc., withdrew its prosecution of the case and backed off just short of going to trial on the merits. PYMC's defense was simple: "Prove you own the copyrights." Yet, the BBT-Int'l, Inc., essentially could not prove ownership of the copyrights, because the BBT (trust) had never assigned or transferred those copyrights.

Moreover, Srila Prabhupada’s Books are NOT accurate when the purports to hundreds of verses are substantially changed. Does not a one percent change this year mean a one hundred percent change in so many years by even more articulate, albeit sincere, editors ? One may even welcome the printing of a title published under the rubric “Bhagavad-Gita As Jayadvaita Swami Would Like It To Be.” Yet who, on the other hand, can ever welcome any conditioned soul’s truly limited edition and interpretation being presented as if it were from the heart and hand of His Divine Grace, As It Is? At least use an errata, footnote or appendix system for presenting posthumous editing changes to His Vani. Is that really asking too much?

At bottom, supporting the legal effort to follow Srila Prabhupada's legalized instruction and revalidate the original BBT means to stand behind the policy of Availability & Accuracy of the Books of His Divine Grace A. C. Bhaktivedanta Swami Prabhupada.

Supporting the BBT-Int'l, Inc., on the other hand, means to support the misplaced efforts to fraudulently convert Srila Prabhupada's intellectual property (i.e., His Vani) and impermissibly consolidate power in the Movement into a corporation controlled by those unapproachable few whose actions have not only eclipsed the availability of Srila Prabhupada's Books world-wide, but who have also diluted the accuracy of Srila Prabhupada’s Books by making wholesale posthumous editing changes.

And, as a direct consequence of the actions of those who continue to act in such a conspiracy of misplaced allegiance, how many devotees have been shunned, driven away or otherwise attacked simply because they chose to challenge the patently false ecclesiastical and legal claims by ISKCON’s managerial elite to absolute, unaccountable control and parochial dominion over the Vani of His Divine Grace A. C. Bhaktivedanta Swami Prabhupada?

Is that the mood that Srila Prabhupada, the Founder-Acarya of ISKCON, exemplified by His words and actions ? Is that the house into which the whole world can be invited to take shelter ? Was it really worth spending six figures in Singapore and will it have been worth the additional $400,000 to $500,000 in the Los Angeles case to prosecute and prevent devotees from expanding book distribution and performing devotional service as directly and personally commissioned by Srila Prabhupada? Of course not!

So close your eyes and picture yourself in front of His Divine Grace and carefully listen as He asks you: "And who do you support ? My legalized instructions in the form of the original BBT trust -- or the "new and improved" corporate concoction called the BBT-Int'l, Inc.?"

Now, open your eyes.

Make no mistake about this -- every devotee RIGHT NOW has that choice, and collectively your choice of consciousness -- that is, to either follow the legalized instruction of His Divine Grace in the form of the revalidation of the original BBT, or, to support a "new and improved" corporate concoction manufactured in the conditioned minds of those who, by and large, control ISKCON's bank accounts will directly determine how this Movement is positioned for the next 10,000 years.

It is your legacy - and it is your choice.

On behalf of the many devotees and supporters, literally world-wide, who have already made that choice and are now working hard to revalidate "Srila Prabhupada's BBT," and to block the attempt to fraudulently convert the Vani of His Divine Grace A. C. Bhaktivedanta Swami Prabhupada into the BBT-Int'l, Inc., by way of the bogus "Assignment of Intellectual Property," I implore you to, please -- keep your eyes open.

With regards,

Gupta das
Joseph Fedorowsky Esq
OXFORD LAW FIRM
5757 W Century Blvd
Suite 700
Los Angeles, CA 90045

lawyer@oxfordlaw.com
http://www.oxfordlaw.com

Editor's note: Please note that the Bhima das, who is mentioned in the above article, is not the Bhima das who is a disciple of Srila Prabhupada, who has dedicated many years of service to the BBT in Bombay, but is in fact a follower of Hansadutta das, apparently from Malaysia.