10/29/1998 - 2427 (See Related VNN Stories)

Court Guts BBTI Case

Los Angeles, CA (VNN) - VNN has learned that in ruling on cross motions forsummary judgment on October 27, 1998, the California Superior Court Judge inthe BBT-International, Inc., and ISKCON of California, Inc. vs. Hans Karycase has thrown out the Plaintiffs argument that the Court should defer tothe GBC on matters regarding the Bhaktivedanta Book Trust, its trustees andownership to the copyrights to Srila Prabhupada's books.

In an interview with VNN Joseph Fedorowsky (Gupta das), the lawyer representingHansadutta, Bhagavan, Veda Guhya Das and Das Das Anu Das Devi Dasi, explained:

VNN: How does the Court ruling affect your clients' effort to validateSrila Prabhupada's original BBT?

Gupta: This ruling now guarantees that the Court will apply "neutralprinciples of law developed for use in all property disputes" inadjudicating the trust and contract issues being litigated in this case andthat the Court will not entertain any of the Plaintiffs' ecclesiasticalarguments.

VNN: Can you elaborate?

Gupta: The court formally rejected the attempt by the Plaintiffs'BBT-International Inc and ISKCON of California Inc, to hide behind theskirts of the First and Fourteenth Amendments -- which, if allowed, wouldhave prevented the Court from questioning decisions made by the GBC andISKCON as regards the BBT, its trustees and the ownership of SrilaPrabhupada's books.

VNN: How does that help validate the BBT?

Gupta: That paves the way for the Court at trial to validate the existenceof the original Bhaktivedanta Book Trust formed on May 29, 1972, by applyingCalifornia trust law as well as to invalidate the bogus assignment ofcopyrights in Srila Prabhupada's books to the BBT-International, Inc., byapplying simple contract principles of law.

VNN: Does the Court's decision directly affect the BBT International Inc'spresent claim to ownership of the copyrights to Srila Prabhupada's books ?

Gupta: In my opinion, the Court's ruling effectively guts that claimbecause the documentary evidence clearly proves the formation and viabilityof Srila Prabhupada's original irrevocable California charitable trustreferred to by devotees throughout the world as the "Bhaktivedanta BookTrust." In addition, the ruling removes the basis for Plaintiffs' smoke andmirrors assertion that the copyrights were legally "assigned" to the BBTInternational Inc., which is actually just a private holding corporation --not a trust.

VNN: But what about the argument that the GBC has authority over the BBT andthe BBT Trustees and could therefore authorize or direct the transfer of thecopyrights into the BBT International Inc?

Gupta: That argument is now gone -- and for good reason. Srila Prabhupadaset up a perfect arrangement as regards the separation between the BBT andthe GBC. In the original 1970 Direction of Management, His Divine Gracestated: "I am setting up a different body of management known as theBHAKTIVEDANTA BOOK TRUST. The trustees of this body are also members of theGBC, but their function is not dependent on the GBC." Then in the May 29,1972, BBT California trust document, His Divine Grace stated: "This trustshall exist independently of ISKCON and the Trustee's function and dutiesstated herein shall be separate and not dependent on the Governing BodyCommission of ISKCON." I don't know if anyone could have said it moreclearly.

VNN: So where does the case go from here?

Gupta: Unless the Plaintiffs voluntarily accept the legal and spiritualreality of Srila Prabhupada's original BBT, which holds His copyrights, aslegally separate and distinct from the publishing activities of ISKCON, atwo week court trial will begin on November 30, 1998.

VNN: Last question - Why shouldn't the BBT International Inc and ISKCON ofCalifornia Inc go to trial on these issues?

Gupta: The number one reason is to follow the clear instructions of SrilaPrabhupada as expressed in the BBT Agreement in order to keep his copyrightssafe and beyond the manipulation or control of any third party, whichspecifically included the GBC. The second reason is that going to trialwill mean the unnecessary expenditure by the Plaintiffs of some $100,000 ormore additional ISKCON dollars to contest the clearly expressed desire ofHis Divine Grace. And the third reason is that if at all possible, issuesdealing with Srila Prabhupada's Vani should take place on a cooperativespiritual basis and not between contentious litigants in the legal arena.Perhaps when we all accept that principle a new Chapter in the history ofthe Hare Krishna Movement will have officially begun.

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