ISKCON Copyright Terror Part 2
“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 (Thomas Klimek or Klimak is the legal name Sri Rama das, Ex-director of ISKCON education), 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 ( Varnadi das, disciple of Harikesa) 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 (Varnadi das)
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 (Varnadi)
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 (Thomas Herzig) [signature]
Bhaktivedanta Book Trust
[signature Gopal Krishna Gosvami]
Gopal Krishna Gosvami (Gopal Khanna)
( Mg. Trustee )
[signature ???????? Sri Rama das?]
[signature Thomas H. Klimak]
Bhaktivedanta Book Trust International:
Thomas H. Klimak
President & Secretary
Note: Thomas Klimek or Klimak is Sri Rama’s legal name
——
Concern About Missing Profits
AUSTRIA, Nov 5 (VNN) — Dear Dina Sharana dasa, please accept my obeisances. All glories to Srila Prabhupada.
Thank you for your message and your kind way to inquire. Dear prabhu, know that my presence on the Internet is dedicated to all the devotees, the acaryas and especially to Srila Prabhupada. I’m simply trying to be their servant. If the devotees or Srila Prabhupada want me to remove the books of Srila Prabhupada from the net, I’ll do this. And if the BBT wants me to do it, I’ll do it also, of course.
So far only a very offensive and dubious organization, namely the “BBTI“ alias “ISKCON-BBT” alias “Cintamani Web Cartel” alias “ISKCON-BBT Web Services“, which modifies the books of Srila Prabhupada, supports all kinds of horrible sahajiyas or disciples of Kali (Satan) in the guise of Vaishnavas, severely offends Srila Prabhupada even in court and tries to usurp the copyrights for their financial benefit, wants me to remove the books from the Internet. I will not accept such evildoers as guide for my humble service. They may try to put me in jail, but I’ll never accept them as my guide how to serve Srila Prabhupada and the Vaishnavas.
Your concern about the missing profit is not necessary. Most people prefer to rather have a book than a computer printout. It is cheaper, it is handy, it is easier to read, there are some nice pictures included and it generally looks better. For now I only put books on the net, which are no longer available or are in danger to become modified by the above mentioned organization. This are: the original Bhagavad-gita, the Krishna-book and (as a special service to all the owners of the many incomplete distributed Caitanya-caritamrita sets) the first book of the Caitanya-caritamrita. The first books of this sets obviously have been distributed separately, hoping that the receiver would buy the whole set later. Or they were “removed”, because they contain some straight out teachings about guru-tattva, which are not compatible with ISKCON’s vouched Plug-and-cry-“Sri Vishnupadas” of big scandals. I don’t know. Anyway. My main point is that they are missing everywhere and because official ISKCON doesn’t care (as usual), I publish this book on the net too. I hope this is acceptable.
Your servant,
Wolfgang Burtscher
PS: I think this is interesting to know for others also, so I’ll forward this writing to the editor at VNN who may publish it.
Dina Sharana Dasa wrote:
“I read with interest your letter about copyright infringement enforcement, and was reminded of the story where the disciple disobeyed his guru to broadcast the special mantra. Externally displeased, in fact, the spiritual master was very happy to see the compassion of his disciple. Your compassion is needed.
Yet as true as that may be, Srila Prabhupada had specific purposes of Lord Chaitanya Mahaprabhu to fulfill. Such projects require organization. Therefore Srila Prabhupada’s compassion was practically manifested by insisting the most printing be done through the BBT, so that any profits could be split between printing more books, and building Sri Mayapur Chandoradya Mandir.
If various devotees printed, without remitting funds to the BBT, the building of Lord Chaitanya’s temple, by Srila Prabhupada, would be impeded. Yes? So there is good reason for some “organization” of compassion. Do you understand in this way also? your servant, Dina Sharana Dasa”
——–
I can scarcely believe that all this old junk is being rehashed as if it has any significance almost a decade later.
Back in the day the Internet was still fairly new and the BBTI tried desperately to keep a handle on what was happening with their copyrighted material. Already after 1998 the BBTI had kind of given up on it. I sure as hell did.
What is nowhere mentioned among the hysteria and conspiracy mongering is that anyone putting entire books or galleries of BBT paintings online in those days were initially contacted several times with proposals on how things could be worked out in a win-win situation — very simple solutions ranging from copyright notices to linking directly to material on BBTI servers. Further steps (cease-and-desist notices) were only taken upon repeated refusal and threats to the BBTI. If individuals or groups would then still refuse to cooperate, their ISPs were contacted. No one has ever been sued. Ever.
Any corporate, institutional or foundational entity out there follows the same procedures, but somehow certain “devotees” believe themselves and their ideas to transcend this reality. Perhaps the same motivation that underlies the pirating and reselling of the VedaBase?
Out of the dozens of people and groups contacted less than a handful chose to battle, rather than cooperate. Wolfgang Burtscher and Madhudvisa (who awarded himself 2nd initiation and sannyasa…) were the most vocal among these. They could have settled things to everyone’s satisfaction, but chose not to.
Now, it’s all water under the bridge. Madhudvisa continues to live in his own little world of conspiracies, poison and book changes, and Burtscher has left ISKCON quite a while ago.
I was in my late 20s back then and personally look back on this episode in ISKCON history as yet another excercise in petty infantility, something I have left behind me at the moment time moved into the new year of 1999. Hey, that’s more than a decade ago, people. Why havent you?
Currently, I couldn’t care less about ISKCON and its antics.
– Willem Vandenberg
What an infantile idiot this Willem Vandenberg (Varnadi das). First he threatens devotees, who preach the mission of Srila Prabhupada on the internet, with legal action, closing down their websites, destroying their spiritual lives, and then he says that is “petty infantility” which he left behind. But his pals, who took over his business, continue to do the same even a decade later, harassing and threatening devotees, who just want to preach for Srila Prabhupada and not for self-appointed bogus IskCon gurus, Sahajiyas and faggot-gurus.