Date: Thu, 09 Jul 1998 13:10:39 -0500
To: FreeUrantia@cuenet.com, UBtalk@Utalk.org
From: Kristen Maaherra <urantian@concentric.net>
Cc: urantian@concentric.net, Keeler <rkeeler@allwest.net>,
Choi <kchoi@iastate.edu>, du Pont <gdupont@isp.fr>,
Siegel <msiegel@ctea.com>, Jameson <gjameson@pbtk.com>
Subject: FreeUrantia: Notes on Urantia Foundation's Injunction Motion, from Kristen Maaherra+++
Notes on Urantia Foundation's Injunction Motion:
The Foundation is telling the Judge, we can't stop her, and you can't stop her because she (1) has no respect for law (see depositions, attached) and (2) because she's a religious fanatic (see copy of her newsletter attached) — but she must be stopped.
The Foundation tells the court it's even willing to dismiss all monetary damages to get this injunction.
I either have to move to a country where I can practice my religion, or I'm going to do time under the Foundation's suggested injunction.
No more offer of a 1000 word limit settlement agreement. No more offer of a license, etc. Now they are setting it up to take away my computer and CD-ROM maker.
The Foundation wants Judge Urbom to ignore any First Amendment issues here. And the Motion never talks about commercial infringement at all. Other legal briefs have harped on commercial infringement and competition.
In fact, I gave away a non-commercial study aid to people who already had a copy of the Urantia Book. Before this lawsuit, the Foundation refused to distribute an index.
And my intent is never discussed. My intent was to use only the words of the revelators. I didn't use the words of Sadler, (the Table of Contents) who the Foundation claimed was their author. Now the Foundation says I can't quote Jesus.
The Foundation is treating copyright law as if it's patent law. They're pretending that the only purpose of copyright is for the copyright holder only. The Foundation's position seems to be, however we did it, we got the Urantia Papers. It's like a patent; we bought it, we stole it, whatever. It doesn't matter how we got it. We have it. The Foundation seems to think that a copyright holder, like a patent holder, can do whatever he wants. If the Foundation decides not to sell the Urantia Papers to people, that's OK. If the Foundation decides to delist the Papers with all the distributors, that's OK.
Yet, constitutionally, the intent of copyright is to encourage the free flow of thought and creative expression. As in the Zapruder case — the film of the Kennedy assassination — it's definitely in the public interest to have the Urantia Papers available.
The Foundation is also writing as if there is no allowance, no conception, of fair use in copyright.
In their Motion, the Foundation is mentioning many of my "defenses," but in the context of reminding Urbom that "God's will" should not apply. In other words, I do not have any religious rights, either.
Certainly there's room for fair use and religious use arguments. And Zapruder-type arguments.
The crucial (and very sneaky) part of the motion is the Foundation's intent to bind ANYONE "in active concert or participation" with me. This means, if the Court grants the Foundation's Motion, that Urantians need to defend themselves in court not with the issues of authorship of the Urantia Papers, or issues of Religious Freedom in America, but with issues of whether you know me and were participating in some sort of use of the FIFTH EPOCHAL REVELATION of which the Foundation doesn't approve or wants to control.
If you didn't get a copy of the Foundation's latest Motion off the Internet, call and I'll send it to you. Our response is due later this month.
Much love, and God bless you,
Kristen Maaherra
152 California Gulch, Jamestown, CO 80455
303-459-0351P.S. Thank you from the bottom of my heart to all those of you who responded to my fundraising letter last month! As I promised, that was the last time I will ask . . .