 |
The
Endeavor litigation |
6.2001--
After
6 years of litigation, the Endeavor case is on the jury
docket. Apparently, FIP's reprinting of Journey
Without Distance just to expunge the damaging information
concerning distribution of the Course prior to copyright
doesn't sit well with the judge.
=============
9.2001
-- The
Church has been busy preparing its pre-trial
documents, depositions, and briefs for a
rescheduled pre-trial date of
October
2, 2001
.
Seven new witnesses, including former
astronaut Dr. Edgar D. Mitchell, have
surfaced from around the country confirming
receipt of the uncopyrighted manuscript from
Judy Skutch and Helen Schucman/Bill Thetford,
without restrictions or limitations.
The Church appropriately sought permission
from Judge Sweet to take the depositions of
these newly discovered witnesses, which he
“So Ordered” on
August
22, 2001
,
despite objections from Wapnick’s counsel.
=============
2.2002
-- Judge Sweet has ordered trial for May 6, 2002.
In a pre-trial conference on February 13, 2002 in which
he decided the date, he also decided to continue keeping control over discovery disputes instead of having them go to a Discovery
Magistrate. Wapnick’s attorneys are challenging 99% of Church’s exhibits and deposition citations under the Hearsay Rules. There
are exceptions, however, to these rules, which allow for inclusion into the record at trial. The Church is also challenging FIP and
FACIM’S exhibits and deposition citations.
There will be another pre-trial conference prior to May
6th, with no date scheduled as yet.
=============
4.24.2002
--NEW COURT DATE: JUNE 4TH.
There was a scheduling meeting on April
24, 2002 at 4:30pm in NYC between Judge Sweet and Church's NY attorney, Lawrence E. Fabian and Wapnick's attorney, Sanford Hodes stood
in for lead attorney, John Rosenberg.
Upon presentation by Mr. Fabian of
excerpts from the latest uncovered Santa Fe, NM and A.R.E. audio tapes with Judy talking about how she
gave the copies of her Course manuscript away (general distribution), Mr. Hodes objected, saying FACIM was going to present a motion
to strike on the grounds it was too late to bring this new evidence in, at which point, Judge Sweet said, "Let's have this
argument right now. THEY'RE IN, subject to authenticity." He further said FACIM could go take our witnesses depositions, if they
wish.
This means we will authenticate them
through the witnesses who made the original tapes, and who had possession of them (3 have agreed to testify for us) and also of Judy's
voice.
Judge Sweet said all other discovery
conflicts are to be presented and dealt with at trial as they come up.
=============
5.16.2002-- Trial
Date Confirmed. June 4, 2002 a go!
It is confirmed by Judge Sweet's office today that the
ACIM copyright trial date is definite for June 4, 2002 and to extend for approximately one to two weeks. It is a public trial and all
are welcome. The first few days will be spent picking a jury. It will be at the US Federal District Courthouse, Southern District of
New York, 500 Pearl Street, Courtroom 18C, New York, NY. Judge Robert W. Sweet, presiding. Go to www.endeavoracademy.com/courtcase
for more details.
=============
6.6.2002--
Trial
Date . October 7, 2002
Church introduced 2 videotapes and 2 audio tapes for
authentication, of which Judge Sweet allowed 3 of the 4 items into evidence, with guidelines on how to further authenticate the 2nd
audiotape (Mazza/A.R.E. audiotape) where Judy says that within 2 weeks of giving a copy of her manuscript to Jampolsky (in June 1975),
"in two weeks, 200 people had run off copies."
Tapes authenticated are: "How It Came" and
"The Story of A Course in Miracles" and the Lee Flynn Santa Fe, NM audiotape. So, they come into evidence now, subject to
any valid legal objections to their content at the new October 7th trial date. Judy and Ken, through their lawyers, are fighting the
introduction of Bob Skutch's "Journey Without Distance" book as Hearsay and also the Janis 1991 FIP memorial video.
The Paul Mazza Cayce-A.R.E. audiotape needs one more
step to authenticate. The Judge is allowing us to return to A.R.E. in Virginia Beach for depositions, and to locate an individual who
has heard Judy's voice before and can testify that it is her voice on these audiotapes. The judge did not address the Welsh/Pierce
A.R.E. tape, but we hope to authenticate it on our trip to A.R.E., as A.R.E. has already given us a notarized letter saying they put
on that conference. More legal brief is required by July 15th.
=============
10.16.2002--
Trial
Date . January 15, 2003
NEW trial date is set for January 15, 2003. Hearing on
the judge's requested motion in limine on the admissibility of the Mazza tapes and Journey Without Distance and the Janis Memorial FIP
videotape will be heard before December 11th this year. We hope to present all the rest of the audiotapes (23 new ARE tapes) and
videotapes and books, articles, etc. for admissibility at that time, otherwise it has to be done at trial, on a piecemeal basis.
=============
1.16.2003--
New Trial
Date . May 19, or 26th, 2003
=============
10.27.2003--
Judge Sweet invalidates ACIM copyright with cost to defendants
. 
=============
2.21.2003--
New Christian Church of Full Endeavor-Australia
(Statement from Ted Poppe.)
On February 21, 2003, Michale Brereton, and 4 other
individuals, acting as solicitor for FIP and FACIM, entered the Miracle Centre of the New Christian Church of Full
Endeavor-Australia and served an ex-parte injunction issued by Justice Gray, Federal Court, Melbourne.
The purpose of the injunction was for collection of copyright
infringing material, stated to be an entire copy of A Course In Miracles in an edition printed as an unauthorized version of
applicants (FIP/FACIM) copyrighted book, as well as pamphlets of chapter 31-The Final Vision.
They collected 10 copies of "the book" and approximately 7
copies of the pamphlet. However, the information they were operating under, and the wording of the injunction, indicates that
they were expecting to find a large quantity of books on which the church is making and capable of making a great deal of money.
They were also to collect any and all equipment used for the production of the infringing material.
Paragraph 9 of the injunction reads:
An interlocutory injunction, until further order, the Respondent and
each of them, whether by themselves, their servants or agents, or otherwise howsoever and in the case of the first Respondents also
its directors and officers, from infringing the Applicants', copyright in the work as defined in the Statement of Claim and in
particular from importing into Australia or making or authorizing the making or the offering or exposing for sale or selling or
distributing for the purpose of trade in Australia any articles that constitute a reproduction or substantial reproduction in a
material form of the Work.
We have reason to believe that they are acting on information given
FIP/FACIM from (name withheld) which claims that 35,000 copies of A Course In Miracles by Jesus were printed in Taiwan and
imported into Australia. Yet, the evidence presented to the Court to have the injunction granted was gathered by "private
investigators" hired by FACIM/FIP for the purpose of gathering further information so as to initiate a claim against the Church
and individual members of the church, including me.
Since then, we have been to the Federal Court in Melbourne where the
judge has agreed to hear 3 motions from the Respondent:
A) Motion for setting aside the injunction.
B) Motion to require FIP/FACIM to be required to lodge
"security against costs" as FIP/FACIM are not Australian based companies and have no assets in Australia.
C) Motion for change of venue, as Respondent is closer to Brisbane
rather the Melbourne, and Applicant has no state of residence in the Commonwealth at all.
FIP/FACIM are likewise attempting to enjoin Penguin books to their
cause, as Penguin may have interests in this case being the "exclusive licensed" agent for ACIM in the Commonwealth and
having them enjoined may allow them to avoid having to lodge "security against cost" of action.
Thus far, this is where the case is at. The next Court appearance is
on April 11, 2003.
Thanks for you help,
Ted Poppe
=============
4.1.2003
In an Australian court in Melbourne today, the Judge
vacated, in its
entirety, the injunction against the Miracle Center in Byron Bay. The
injunction would have prevented members of the Miracle Center from
distributing newly published copies of the Hugh Lynn Cayce Manuscript
of A Course In Miracles.
The judge questioned Kenneth Wapnick's lawyers about the absence of
the "proper plaintiffs" from the court. (Bill Thetford, Helen Schucman
and Penguin UK constitute the "proper plaintiffs")
The judge also questioned the failure of FACIM's lawyers to establish
ownership of, or chain of title to the copyright of the HLC Course In
Miracles and ordered them to appear within 28 days to amend their
pleadings.
NOTE: Failure to provide satisfactory evidence of ownership will
result in the dismissal of this case.
FACIM's Australian lawyers may now have to fly to the United States to
find evidence of ownership, and since there was no written assignment
from Bill or Helen to Judy (FIP) or Ken (FACIM), the search may indeed
prove fruitless!
A Course In Miracles could end up in the Public Domain (where it
belongs) sooner than you think!!
During the hearing in Australia, FACIM's attorneys' attempts to compel
the officers of the Miracle Center to produce the names of every
recipient of the book, were completely ignored by the judge.
Watch this space for news of further developments in this case.
Yours in the Grace,
Dawn Ovanuira
