IN
THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 96-D-2004
Urantia Foundation,
Plaintiff,
v.
Eric Schaveland and Kristen Maaherra,
Defendants.
_________________________________
DEFENDANT MAAHERRA'S OPPOSITION TO MOTION
FOR PRELIMINARY INJUNCTION
_________________________________
Introduction I
I have based my life on the Urantia
Papers being exactly what they claim to be: a revelation from God -- a gift
from God to everyone on this planet -- authored, indited, written, composed,
compiled, arranged, created, transcribed, translated, collected, assembled,
delivered, transmitted, selected, coordinated, chosen, organized, sponsored,
dictated, unified, made meaningful, presented, authorized, mandated, assigned,
revealed, portrayed, depicted, commissioned, narrated, requested by, formulated
by, presented by authority of the Ancients of Days, and materialized by
superhumans. According to Bernard Dietz, Head of the Renewal Section of the
Copyright Office, works by superhumans are routinely rejected for copyright.
By filing this Motion for Preliminary
Injunction with this Court, Plaintiff Foundation is standing behind Judge
Schroeder's (Ninth Circuit Court of Appeals) ruling that the Urantia Papers
were "created" -- "transcribed, compiled, and collected" --
by the "mere mortals" of the contact commission. Instead of objecting
to Schroeder's Opinion, Urantia Foundation has made their acceptance of it a
Matter of Public Record. Urantia Foundation has defaulted its trust. Like Peter
in the courtyard before the cock crowed, Urantia Foundation has denied the
revelation. [Footnote 1: For the Foundation to condone, accept, approve,
endorse, excuse, ignore, promote, sanction, countenance or authorize Judge
Schroeder's position is to put a millstone around the neck of potential
believers. End of Footnote 1.]
Introduction II: Copyright Motions Before
the Court
This Court has a number of Motions concerning
the copyright of the Urantia Papers before it at this time. Defendants Maaherra
and Schaveland have each filed a Motion for Summary Judgment as to Copyright.
Plaintiff Foundation has filed a Motion for Stay as to Copyright, and now
Plaintiff has filed a Preliminary Injunction concerning the dissemination of a
book it has marketed as divine revelation for over 40 years.
I believe Plaintiff Foundation should
thank us, not sue us, for making an Index of the Urantia Papers and giving it
away for free. And that's what these lawsuits are all about. Eric Schaveland
and I believe the revelation, while the Foundation is attempting to misuse
commercial law to control the revelation. [Footnote 2: And religionists.]
Introduction III: It's Not Over
Since this Court seems to be waiting for
the Arizona case to be decided before making any copyright rulings, I think I
should point out that it would still be premature for this Court to issue a
Preliminary Injunction at this time, since the Arizona case is not over. I have
filed a Petition for Rehearing (attached as Exhibit A).
The Ninth Circuit Court of Appeals has
also asked the Foundation for a Response (also attached, as Exhibit B) to the
Petition for Rehearing. Plaintiff Foundation is acting like the Arizona case is
over, when it isn't.
Facts I: Expedite Until Injunction
Defendant Schaveland and I haven't even
received our Discovery requests yet in this case -- and the case was filed last
August. In my litigation experience with the Foundation, once they get an
Injunction, they don't care if the case takes a long time. In the Arizona
lawsuit, it took three years and a Compel Motion to get any Discovery.
[Footnote 3: By then, I had an excellent lawyer!] Until Plaintiff gets an
Injunction, it's "Hurry up," expedite this, expedite that. A
Preliminary Injunction can be done at any time. I was under a Temporary
Restraining Order -- which was granted, apparently, for no good cause other
then I didn't have a lawyer at the time (and the Foundation was telling the Court
to hurry) -- in the Arizona case for 4 « years. I didn't like it!
Facts II: Hidden Agenda
One other "detail" Plaintiff
Foundation neglects to clarify in its Motion for Preliminary Injunction: In
spite of giving Plaintiff Foundation a copyright on the book, the Ninth Circuit
Court of Appeals ruled that the revelation itself is in public domain. Why is
Plaintiff asking this Court to enjoin us from "placing the text of the
Urantia Book, or any portion thereof, on the Internet, or any other electronic
media"? I believe they simply want to be able to take an Injunction from
this Court to the Arizona Court in order to claim that the Colorado Court
"ruled" that their copyright extends to the whole book. [Footnote 4:
For your own sake, think about that before you fall for the Foundation's
strategies. The Foundation lawyers are sharp, determined, well-paid, and never
lose sight of their goal of keeping the Foundation's control of the fifth
epochal revelation to the planet -- no matter what the cost. End of Footnote
4.]
Facts III: Bondi Affidavit
The "evidence" filed by the
Foundation itself demonstrates that Bondi is a prevaricator, because I never
received a note of "thanks" for a great home page from either
"Joe1002" or Bondi. Maybe in Bondi's "religion" it's OK to
lie in service of a (perceived) "greater good" -- but that's the
definition of the Foundation cult, not the definition of the real religion of
Jesus.
I have a Settlement Agreement regarding
trademarks (not copyright) from the Arizona case. The reason Eric's Internet
home page was in Eric's name was because I had a Settlement Agreement, and Eric
didn't. I have been trying to follow the Settlement Agreement. Just like the
Internet home page, the home I live in is also exclusively in Eric's name. Does
that mean I can sell it out from under him? According to the Foundation, it
seems to mean just that -- if it's in Eric's name, I'm in control of it! I
don't think I've broken any Agreement with the Court. I can't sell Eric's house
out from under him. And if the Foundation thinks I have -- they should be
pestering Urbom's Court in Arizona, shouldn't they? That's where the Settlement
Agreement originated.
Facts IV: Entirety
The "entirety of Foundation's
copyrighted work" would include the Table of Contents -- which I never put
in the electronic search program, since I heard Bill Sadler put together the
Table of Contents. I only claim for the public domain that which the superhuman
authors wrote -- that is, the revelation itself: Papers 1-196 plus the Foreword.
I stand for the superhuman authorship of the Urantia Papers.
Federal Rules of Civil Procedure
According to the Federal Rules of Civil
Procedure and 17 U.S.C. 502(a), the movant must show:
(l) a likelihood of success on the
merits;
Argument I: No Special Likelihood of
Success
I've won in Urbom's Court; the Foundation
won in Schroeder's Court. This Court has yet to make a decision. I don't see a
tipped balance in favor of the Foundation. I am hoping to get a trial --
somewhere -- on the disputed factual issues. And that's what the Foundation
asked the Appeal Court for -- to be remanded for trial.
Statements that Ninth Circuit Court of
Appeals Judge Schroeder characterizes in her Opinion as "undisputed
facts" that "both sides believe" can be shown in the record of
the case to be totally incorrect. Over and over again in her Opinion she says,
"both parties believe." This is against all the evidence --
affidavits, briefs, documents and testimony I have spent the last 6 years
bringing forth. I am indignant, outraged, offended, provoked, and righteously
angry that she attributes "beliefs" to me as "facts" that
simply are not supported in the record. I strongly object to being
characterized in this manner. [Footnote 5: Hopefully, there will be a trial
with the resulting chance to straighten this out.]
(2) that in the absence of the requested
relief, the movant will likely suffer irreparable injury and that the movant
lacks an adequate remedy at law;
Argument II: No Showing of Harm
The Foundation hasn't shown
"irreparable injury." Plaintiff Foundation has been aware of Eric Schaveland's
activities for years. [Footnote 6: See, for example, the attached (as Exhibit
C) 1992 letter from Eric Schaveland to Plaintiff Foundation dated September,
1992, concerning Schaveland's evangelism and dissemination of the Urantia
Papers revelation in both electronic and printed form. End of Footnote 6.]
Plaintiff Foundation has waited 1 « years to ask for this injunction since
knowing about Schaveland's Internet home page.
Plaintiff Foundation is also well aware
that Eric Schaveland took down his Internet home page last fall (1996) in an
attempt to settle this case. Schaveland has had no home page since then. (By
the way, in spite of the Foundation constantly mentioning "defendants"
and "home pages" -- both plural -- I repeat, there was only one home
page, and it was Eric's, not mine). How would an Injunction against Eric (and
me) save the Foundation from harm? How can Plaintiff Foundation have
"damages which it presently suffers" and which it will "continue
to suffer"? [Footnote 7: I believe Plaintiff Foundation strongly desires
this injunction for reasons stated above, at "Hidden Agenda." End of
Footnote 7.]
Not only is the Foundation aware that many
other people currently have home pages on the Internet with the Urantia Papers
available for download, [Footnote 8: The Foundation isn't suing any of these
other people.] but Plaintiff Foundation itself has the Urantia Papers available
for download on the Internet. How could Schaveland's also having had it
available in the past possibly be causing harm in the present?
Argument III: Harm and Plaintiff's
Declaration of Trust
Although Plaintiff Foundation stood in
this Court last December 13th declaring to Judge Daniel that the Urantia Book
isn't a religious book, the Foundation's oft touted Declaration of Trust
mandates them to "foster a religion" and "disseminate the
revelation." In another lawsuit, the Foundation wrote:
"A copy of pages 1007-1008 of the
Urantia Book, describing that it is a "religious revelation," are
attached to the Answer as Exhibit A. As shown in its Table of Contents, the
Urantia Book consists of over 2,000 pages addressing a broad spectrum of
spiritual and religious subjects, including discussions about God, Jesus,
paradise, angels, spiritual beings, and numerous matters and principles of
spiritual faith. A copy of the Table of Contents of the Urantia Book is
attached to this Answer as Exhibit B." (From Civil Action No. 94-C-00927,
Martin W. Myers v. the Foundation trustees.)
For what they spend on lawsuits each
year, they could give away more books than they're selling. Plaintiff's Motion
speaks of lost "customers." Many Urantians buy books in order to give
them away to others who might be interested in the fifth epochal revelation to
this planet. [Footnote 9: The name of our planet revealed by the superhuman
authors is "Urantia."] These are not "customers," these are
"evangelizers," "religionists," "believers." This
is not the Mickey Mouse club selling hats; [Footnote 10: A "social and
fraternal organization."] this is the Kingdom of Heaven!
Plaintiff Foundation obtained its
tax-exempt status by claiming to be organized "exclusively" for
"religious and charitable purposes." [Footnote 11: Please tell me if
you'd like to see that document.] They tried to get the Martin Myers lawsuit --
initiated by a trustee they had voted out -- thrown out of court on the basis
that it was a religious group's "in-fight." [Footnote 12: "The
First Amendment to the United States Constitution precludes Plaintiff's (Martin
Myers) claim that this Court should decide or interpret the correct meaning and
application of the Urantia Book, and the First Amendment prohibits this Court
from making any such determination." (Civil Action No. 94- C-00927, Martin
W. Myers v. the Foundation trustees.) End of Footnote 12.]
(3) that the balance of the hardships
favors the movant; and
Argument IV: This is Harder on Me
In fundraising letters, for over 40
years, Urantia Foundation has marketed the Urantia Papers as divine revelation
-- unchanged in any particular from the way it was materialized by the
superhuman authors. The Foundation has claimed for over 40 years that the most
accurate information about the origin of the book is given in the Urantia
Papers by the revelators themselves. [Footnote 13: We (believers) were told by
the Foundation to look up the page number references on the dust jacket of the
Urantia Book for the story of the authorship and origin of the text. End of
Footnote 13.] According to the Urantia Papers, the actual composition of the
Urantia Papers was assigned to three special commissions of universe
personalities, all superhuman:
1. Part I was formulated by a high
commission of twenty-four Orvonton (superuniverse) administrators headed by a
Divine Counselor and was presented in 1934.
2. Parts II and III were authorized by a
Nebadon (local universe) commission of twelve, acting under the direction of
Mantutia Melchizedek and were indited in 1934 and 1935.
3. Part IV was sponsored by a commission
of twelve Urantia midwayers acting under the supervision of a Melchizedek
revelatory director.
In over 2000 pages of Urantia Papers, the
revelators never mention questions asked by humans; the revelators never
mention the forum; the revelators never mention the contact commission; the
revelators never mention the seventy, and the revelators never mention the
Foundation or the Declaration of Trust.
Of the human contact personality, the
Urantia Papers are clear that Doc's (Dr. William S. Sadler) patient didn't
communicate the teachings, it was his Thought Adjuster (indwelling spirit of
God) who was used: "The Adjuster . . . through whom this communication is
being made..."
Plaintiff Foundation told a Michigan
Court (before the renewal) that an unnamed patient of Dr. William S. Sadler's
wrote the book. The Foundation has claimed -- in various courts, under penalty
of perjury -- not only that a patient of Doc Sadler's wrote the Urantia Papers,
but that the Urantia Papers were authored by Bill Sadler, by the forum (by dint
of their asking questions), by the contact commission, by the Foundation
itself, and that the Urantia Papers are a "work for hire" by the
contact commission.
If the Urantia Papers have human
authorship, I have been royally duped. If the Urantia Book is a fraud
perpetuated upon the public by Plaintiff Foundation, I have wasted my life
believing in and standing up for superhuman authorship.
Until I was sued by Plaintiff Foundation,
in over 25 years of believing the Urantia Papers have superhuman authorship,
[Footnote 14: I even attended a two-year school exclusively devoted to the
Urantia Book, attended many summer sessions at Foundation headquarters, and
tithed each month to the Foundation. End of Footnote 14.] I never heard that
the Urantia Book was anything but what it claimed to be -- a divine revelation
authored by superhumans. At the least, Plaintiff Foundation has ruined the last
6 « years of my life, made me worthless for service projects -- and with their
limitless funds with which to make an "example" of me to scare other
Urantians into obedience to the great Foundation, there is no end of this
torture in sight. I've based my life on the Urantia Papers being exactly what
they say they are, and this whole Court situation is harder on me because it's
my reason for existence Plaintiff Foundation is trying to take away from me.
(4) that the public interest will not be
disserved by granting the preliminary injunction.
Argument V: On Serving the Public
Interest
Congress wrote copyright law to serve the
public interest -- the best interest of the most people. I always think of Zapruder.
When Zapruder tried to copyright his film of Kennedy's assassination, the court
ruled that the public was best served by having the film in public domain.
Is the public is best served by five
people ("trustees" of Plaintiff Foundation) who actually refused to
sell Urantia Books to many of us? [Footnote 15: Joe Lewis, lawyer in the
Arizona lawsuit, has copies of many of the, "The trustees of Urantia
Foundation refuse to sell books to you," letters; if you need to see them,
I will get them for you. It's a paradigm shift when it comes to thinking about
copyright law, but -- amazingly -- the Foundation is not in business to sell or
"disseminate" the revelation. End of Footnote 15.] There are
thousands of people who have more interest in having the Papers in the public
domain than the litigious Foundation has in retaining a copyright. For religionists,
giving away the Urantia Papers is evangelizing the real religion of Jesus.
"Go into all the world" is not idle talk for me and for many others.
[Footnote 16: Would I bother to fight for the "right" to give away an
Index of Tolkein's works? No.]
Because believers are interested, I send
Update Newsletters [Footnote 17: The most recent example of one of my
Newsletters to Urantians is attached as Exhibit D.] to thousands of Urantians
concerning these lawsuits -- every time a Brief is filed, an Opinion is
rendered, believers' lives are affected.
Two publishers besides the litigious
Foundation printed the Urantia Papers during the glorious 28 month period Judge
Urbom held that the Urantia Papers were in public domain. The Fifth Epochal
Fellowship (the largest believing group of Urantians) printed the Urantia
Papers, in paperback and hard cover, with columns and paragraph numbers. (Flier
attached as Exhibit E). Chris Hansen also published the Papers during that
time, under three different titles. [Footnote 18: God's Bible, the Urantia
Papers, and Part IV of the Urantia Papers as a stand-alone: The Life and
Teachings of Jesus. End of Footnote 18]. The Fifth Epochal Fellowship also
entered an Amicus Brief in the Arizona case. The public is best served by the Urantia
Papers being in public domain.
To give a copyright (or an injunction) to
Plaintiff Foundation is like saying no one but Plaintiff Foundation can play
Mozart. Have you ever wondered why you've (probably) never even heard of the
Urantia Papers before this lawsuit? It's because the Foundation cult believes
in a policy of "slow growth," or "controlled growth." They
don't "allow" book reviews (if they can stop them); they don't allow
even "fair use" quotes; and their "inner bubble" scorns
anyone who would follow Jesus' advice, "Go into all the world," by
calling them "impatient," or "immature." The Foundation
cult thinks people aren't ready for the real religion of Jesus -- not for a
thousand years.
Please do not judge the Urantia Papers by
what you learn from or of Plaintiff Foundation in this lawsuit. The message of
the Urantia Papers has amazing self-authentication and historical-
philosophical consistency. Let your indwelling spirit of God be the ultimate
reality to evaluate the Urantia Papers.
Conclusion
Decide the two Copyright Summary
Judgments you have before you, but please don't issue an Injunction.
Submitted this 10th day of July, 1997,
by:
Kristen Maaherra
152 California Gulch
Jamestown, CO, 80455