Court Case Update
Urantia Foundation v. Maaherra and Schaveland
April 1, 1997Legal Terms
Unfortunately, we've needed to learn many legal terms to understand what's happening with our beloved revelation over the years.
Urantia Foundation sued William Burton King, et al, in 1974 (Los Angeles); Robert Burton in 1975 (Michigan); Urantia Universal Studios and Stan Cykovich in 1975 (New York); Arnold Zakow in the 1970's (Philadelphia); Don F. Pettrie, et al, in 1978 (Los Angeles); First Urantia Society of Houston in 1980 (Houston); Center for Urantia Book Synergy (CUBS) in 1988 (Los Angeles); Kristen Maaherra and J.J. Johnson in 1991 (Phoenix); Jesusonian Foundation in 1996 (Boulder); Fifth Epochal Fellowship in 1996 (Chicago); Uversa Press in 1996; and Eric Schaveland and Kristen Maaherra in 1996 (Boulder). All the above lawsuits were for copyright or trademark -- or both.
The Foundation tells believers that its job is to "protect" the revelation with these lawsuits. In order to "protect" the text, the Foundation used copyright law, but in doing so, they had to deny -- over and over -- the true superhuman authorship of the Urantia Papers. In order to "protect" the word Urantia and the circles, the Foundation used trademark law, but in doing so, they've had to deny -- over and over -- that the word Urantia and the circles refer to the revelation and the Banner of Michael. Trademarks don't "protect" -- they identify (the source of a product.) A trademark on the word "Urantia" actually destroys the name, because -- in order to keep a trademark on the name Urantia -- the Foundation has to claim that the word Urantia can only mean the Foundation. In order to keep a trademark on the circles, they have to claim the circles indicate the Foundation -- and only the Foundation.
Trademark law means: When you see those circles, and the word Urantia, think of the Foundation. Period. Don't think of the revelation, or the religious movement arising from the revelation, or of the Trinity, or of Jesus, or even of the planet. Think only of the Foundation.
The name Urantia is protected if it is used in context with the revelation, the religious group, or the planet. Use is the protection, just as in copyright. Use is what protects Mozart and Shakespeare -- not copyright or trademark law.
Back in the 1940's, when Christy said they got a message to "protect" the name, the contact commission hadn't yet settled on a title for the book they'd put into printing plate form. Obviously, naming it the Urantia Book protected the name Urantia by use. By use in the title, the name Urantia will always be associated with the revelation. Use protects -- and maybe that's what the revelators meant back in the 1940's. (I'm not of the opinion that Christy "lied" about the message. I speculate that when Christy mentioned the "protect" message to Martin Myers in the 1970's, Martin -- not knowing about the different titles -- "interpreted" the message to mean trademark.) The Foundation registered its first trademarks in 1971.
Some well-meaning Urantians still believe that the "protect the name Urantia" message still means to trademark the name Urantia. I see sincere religionists stumbling -- just as over the copyright -- on the word "protect." This belief in "secret messages" from the revelators -- secret messages that do not appear in the Urantia Papers themselves -- has made fools out of otherwise normally intelligent believers.
Declaration of Trust
Urantia Foundation is a CHARITABLE ORGANIZATION (One that issues no capital stock and has nothing in its charter providing for dividends or profits) or CHARITABLE TRUST (A trust whose assets and income shall benefit the general public, or a significant segment of the public) operating under a DECLARATION OF TRUST (A statement by an owner of property that he intends to set up a trust for said property, as the result of which the property will be for the use of another person or persons but the title to the property shall remain with the owner.) As stated in the Foundation's Declaration of Trust, the property ("substantive estate") given to the Foundation was the printing plates for the Urantia Book, which property the Foundation has since destroyed.
Civil Suit
Each of the lawsuits listed above was a CIVIL ACTION (A suit entered into for the purpose of enforcing a civil or personal right.) as opposed to a criminal action. Civil actions are proceedings in which one party sues another party for a legal wrong or for the prevention of a wrong. CIVIL LAW is written law; law prevailing as the result of acts or statutes. Civil law should be distinguished from "laws of nature," or that type of law which has universal application (COMMON LAW). (CIVIL RIGHTS are those rights granted to every citizen by the United States Constitution and its Amendments, particularly the guarantees of equal rights among all people, regardless of religion, race, color, or previous condition of servitude. They include the rights of property, marriage, protection by the laws, freedom to worship, trial by jury, etcetera.)
Complaint
Urantia Foundation initiated the ACTION (A legal action; a proceeding in a court in which a plaintiff claims against a defendant; a prosecution in a court by one party against another.) or LAWSUIT (A suit; a litigation; an action: a civil, rather than a criminal proceeding; a proceeding taking place in a court of law where one person or persons takes Action against another person or persons.) or PROCEEDING (1. The presentation and prosecution of a lawsuit before a court. 2. Any action, or case, being tried in court.) by filing with the Federal Court nearest the Defendant a COMPLAINT (The pleading by which a plaintiff brings a suit and sets forth the reasons for the plaintiff's action.) The CAUSE OF ACTION (The cause that gives a person the right to bring a suit for relief or damages.) is set forth in the Complaint. A PLEADING is the written statements of each side of a lawsuit, including the plaintiff's claims and the defendant's responses.
A CASE (an ACTION, a CAUSE, a SUIT) is simply a contested issue in a court of law; a controversy presented according to the rules of judicial proceedings, the FEDERAL RULES OF CIVIL PROCEDURE (Uniform rules governing procedure in district courts of the united states. These rules originated from the united states supreme court, and are concerned with civil cases.)
Plaintiff
Because Urantia Foundation initiated all the above lawsuits, the Foundation is the PLAINTIFF (The party who is bringing a lawsuit against a defendant; the person or persons who are suing.) or ACCUSER (One who claims that another is guilty of a punishable offense or crime) or COMPLAINANT (The person who starts the suit.)
Defendant
Each of the Urantians listed above who were sued by the Foundation has been a DEFENDANT (The party who refutes a claim made by a plaintiff; the person accused in a lawsuit.)
Attorney
A PARTY is a person engaged in a lawsuit -- either a plaintiff or a defendant. Each party usually engages an ATTORNEY OF RECORD (The lawyer who has been specifically designated by a client to represent him in a legal matter.) or ATTORNEY AT LAW (A lawyer; a counselor; a member of the bar; an officer of the court who is engaged by a client to try a case.) or COUNSEL (A lawyer; an attorney; a counselor. To counsel means "to advise.") The BAR means all the attorneys practicing in a community (literally, the wooden railing separating the judge and the lawyers in a courtroom); while the BENCH means the judge or judges of a court (an individual who "sits on the bench" is a judge.)
Defense and Counterclaims
A Defendant must respond to the Plaintiff's Complaint. This response is a DEFENSE (The denial of Charges, brought by a plaintiff against a defendant; an answer to a complaint.) and maybe a COUNTERCLAIM (A claim or cause of action by a defendant against a plaintiff which the defendant can file in response to the Plaintiff's Complaint.) For instance, when Plaintiff Foundation sued me for copyright, I filed a counterclaim that said the Urantia Papers weren't copyrightable -- and won. I CONTESTED (Denied and defended against Plaintiff in a court of law.) Plaintiff's claims in their Complaint. One can also make an AFFIRMATIVE DEFENSE (A defense that introduces new matter which, even if the plaintiff's contentions are true, constitutes a defense to the complaint. An affirmative defense goes beyond the mere denial of the plaintiff's allegations.) An ALLEGATION is the contention of a party in a lawsuit, including what he or she intends to prove.
Hearing
In the Arizona case, what came next was a HEARING (A procedure during which evidence is taken to determine an issue of fact and to come to a decision based on that evidence. A hearing may take place out of court, but it must be presided over by someone with judicial authority.) in front of the judge at which the Foundation asked for an INJUNCTION (A restraining order issued by a judge that a person or persons can or cannot do a particular thing. Injunctions may be temporary or permanent.) against my giving away copies of the index Eric and I had made of the Urantia Papers. To ENJOIN is to forbid; to issue an INJUNCTION thus restrains someone from carrying out a specific act. An Injunction is a COURT ORDER (A written direction of a judge or a court. Legally, it must be obeyed.) demanding that someone not do, or do, something. A Judge's ORDER (A command; a direction; a demand by a judge or a court that certain action be taken, or that a certain action not be taken.) is law.
Court Records
A COURT REPORTER is the official stenographer, employed by the court to write down what has transpired, verbatim, during a hearing or trial. The reporter's recordings constitute the COURT RECORD. A Court Reporter took down and transcribed everything that was said at all the hearings and depositions. The CLERK OF THE COURT is the official scribe whose job it is to make an accurate recording of the proceedings of a trial and to hold such recordings in his or her possession. The TRANSCRIPT OF RECORD is a written or typewritten copy of a court reporter's notes taken during a trial. Such transcripts of records are frequently transmitted to a higher court when a case is appealed.
>From Motion to Response to Reply to Order
One of the first things the Foundation did in the Arizona lawsuit was to file a MOTION (An oral or written application to a court or a judge for a ruling or order. In most instances, the motion requests a ruling to be made in favor of the one making the motion, the applicant.) to put all Foundation documents produced in discovery under a Protective Order. (Which means that Urantians can't read any discovery except that which is filed without the protective order -- such as the exhibits the Foundation filed with its copyright appeal).
Response Brief
When either side files a Motion, the other side has a certain number of days to file a Response Brief. (A BRIEF is a condensed, abbreviated written Statement of a larger document. A brief is prepared by an attorney to serve as the basis for an argument in a lawsuit. It includes points of law that the lawyer intends to establish.) Each Motion and Response usually contains an ARGUMENT (A presentation in a legal case that attempts to convince people that their contentions are right.)
Reply Brief
Then the side who originally filed the Motion has a certain number of days (the number of days is determined by the Federal Rules of Civil Procedure) to file a Reply Brief to the Response Brief. To FILE A BRIEF means to present a written statement to a court, explaining the case to the judge. Such a brief is filed by an attorney representing one of the parties in a dispute.
Order
Once a Motion and the Responses are filed, the Judge makes a ruling -- that is, he or she writes an Order on the Motion currently before the court. The Judge has no time limit.
Discovery
Discovery (A BILL OF DISCOVERY is a written Statement filed for the purpose of compelling a defendant to answer charges against him. Such bill would make the defendant answer all questions put to him and to produce all documents relative to the case.) The Plaintiff must answer all questions and produce all documents relative to the case, also. Three years into the last lawsuit, we didn't have even one piece of paper in discovery from the Foundation. Discovery includes documents, interrogatories, and the taking of Depositions.
Depositions
One of the first things Joe Lewis did when he became my attorney was to DEPOSE (To give a written statement; to state something under oath; to give written evidence.) the man who was Head of the Renewal Section of the Copyright Office. A court reporter made a record of everything that was said. A DEPOSITION is this written TESTIMONY (Evidence given under oath by a witness, as distinguished from evidence derived from written documents.) of a witness, given under oath. Such a statement may be presented in a trial, before a trial, at a hearing, or in response to written questions put to a witness. A DEPONENT is someone who gives this testimony under oath; a witness; a person who gives a written statement attesting to the truth of a matter. A deposition can also be an AFFIDAVIT or a STATEMENT under oath. You probably remember seeing many affidavits here and there attached to Motions or Responses. An affidavit is a written statement of facts, sworn to and signed by a deponent before a notary public or some other authority having the power to witness an oath. Sometimes affidavits are signed, "Further deponent (or affiant) sayeth not." An AFFIANT is one who makes an affidavit.
Depositions are part of discovery, as are INTERROGATORIES (A set of written questions presented to a witness in order to obtain his written testimony -- deposition -- while he is under oath to tell the truth. Interrogatories are part of the right of discovery that a party in a suit has in obtaining facts from his adversary. They often take place prior to the commencement of the trial.)
Docket
All the Motions, Briefs, Hearings, and Orders -- everything that happens in the lawsuit -- becomes part of the DOCKET (A written record of the proceedings in a court.)
A Case is Decided on Facts and Law
The purpose of Discovery is to discover FACT (Something that took place; an act; something actual and real; an incident that occurred; an event.) If both parties agree on the facts, then the case can be settled by SUMMARY JUDGMENT (A means of obtaining the courts decision without resorting to a formal trial by jury. Such judgments are sought when the opposing parties are in agreement on the facts in the dispute but wish to obtain a ruling as to the QUESTION OF LAW that is involved.) The copyright was decided by summary judgment. A case is decided on facts and law. MATTER OF FACT (Phrase used to describe an undecided issue that can be answered by the testimony of reliable witnesses.)
Disputed Facts
A dispute concerning the facts is settled by a trial. Discovery also uncovers EVIDENCE that can be used to determine the facts. EVIDENCE is everything that is brought into court in a trial in an attempt to prove or disprove alleged facts. Evidence includes the introduction of exhibits, records, documents, objects, etcetera, plus the testimony of witnesses, for the purpose of proving one's case. The jury or judge considers the evidence and decides in favor of one Party or the other.
TESTIMONY is evidence given under oath by a WITNESS (An individual who testifies under oath at a trial, a hearing, or before a legislative body.) as distinguished from evidence derived from written DOCUMENTS. In the Arizona case, we also had an EXPERT WITNESS (A witness with special knowledge in a particular sphere, such as a scientist, an engineer, etcetera. Such a witness gives expert testimony.) ready to testify on the matter of religion. We had gone over our evidence with the Plaintiff and with Judge Urbom to determine our ADMISSIBLE EVIDENCE (Evidence permitted to be introduced during a trial.)
Law
LAW (The rules, regulations, ordinances, and statutes, created by the legislative bodies of governments, under which people are expected to live. The law is interpreted by the courts; the facts are determined by juries. The laws of the land are the results of our moral thinking, the edicts of nature, and our experiences in living.) A "MATTER OF LAW" or a "POINT OF LAW" describes an undecided issue that can be answered by applying the law to the facts in the case. (A matter of law in a case is one that depends upon the existing statutes governing the situation, as distinguished from a matter of fact. Thus, despite the facts in a particular case, the court's ruling must follow what the law has already decided in other, similar cases.) CASE LAW (The law on a particular subject based upon a group of similar issues decided by other courts. Case law is not based upon statutes, but upon experiences in similar situations in other actions.)
Opinion, Findings, Decision, Judgment, Adjudication . . .
OPINION (1. The reasons given for a court's JUDGMENT, frequently pointing out the law that governed the court's conclusions. 2. A belief; a judge's or court's reasoning in a particular matter.)
FINDINGS (The results of the deliberations of a court or jury; the decisions expressed by a judicial authority after consideration of all the facts.) Remember the phrase, "Findings of Fact and Conclusions of Law" from the Bob Burton lawsuit?
DECISION (Judgment or decree issued by a judge or jury; the deciding of a lawsuit; findings of a court.) FINAL DECISION (A Decision that settles a matter completely, leaving nothing further to be discussed or acted upon.)
JUDGMENT (The decision of a court having the appropriate jurisdiction to have tried the case; the final determination of a case; a ruling of the court.)
ADJUDICATION (The determination of issues in a lawsuit; the judgment of a court, settling a matter deliberately and finally.)
"With" or "Without" Prejudice
In the Arizona case, Judge Urbom entered final judgment for the defendant on the copyright; he dismissed "with prejudice"... "all claims and counterclaims relating to trademark issues." DISMISSAL WITH PREJUDICE (Judgment dismissing a case because the plaintiff's contentions have not been proved and, furthermore, the judgment bars the plaintiff from future action on the same issue.)
DISMISSAL WITHOUT PREJUDICE (Dismissal of a case not based on its merits and not preventing a future suit on the same issue.) DECISION ON THE MERITS (A court DECISION that is final, rendering it impossible for other SUITS to be brought by the same person on the same matter.)
Appeal
APPEAL (The request for a review by a higher court of a verdict or decision made by a lower court.) The Foundation appealed the adverse copyright decision.
Amicus Brief
AMICUS CURIAE (A "friend of the court" from the Latin. Someone not directly involved in a lawsuit who supplies information on some matter of law about which the court may be doubtful.) The Fellowship came in with an Amicus Brief when the Foundation filed its Appeal. The Foundation's Response Brief claimed, "FEF is simply an enemy of the Foundation, and not a `friend of the court.'"
Statement
The Appeal Hearing was in San Francisco at the Appeal Court for the 9th Circuit. A CIRCUIT COURT is a court whose authority extends over several districts or counties. Joe Lewis and the Foundation's lawyer each made a statement. STATEMENT (An exact, precise declaration of facts; an allegation; a presentation, as the opening statement by an attorney in behalf of his client.) Joe's statement included the fact that superhumans conceived the idea for the revelation and authored the Urantia Papers.
Joe showed the court, as a matter of law, that the Urantia Papers had no CHAIN OF TITLE (The various transfers of title to property from one person to another, commencing from the earliest records of ownership and terminating with the deed to the person presently claiming title.) to the Foundation.
Sadler Foundation
The Foundation's lawyer claimed that Foundation President, Pat (Sadler) Mundelius' family (father, grandfather, aunties and uncles) authored the Urantia Papers by conceiving of the idea for the fifth epochal revelation and hiring some superhumans to answer questions for them -- which they then printed up. They own it. Why, the headquarters is still in auntie's house, even.
Eric and I call Plaintiff Foundation, the "Sadler Foundation." "Sadler" is what they stand for. Authorship and ownership of the revelation by the Sadler family. And they'll sue you if you don't think the Urantia Papers are their personal property. They'll sue you if you actually believe the revelation is for everyone on the planet.
Laughing Stock
We can see from court documents that the Urantia religion is the laughing stock of the courts (for an example, see Schroeder, 1997, Appeal Hearing). When the courts laugh at Urantians, it is because Urantians have about as much credibility in the legal system as Scientology. I think that's sad. For a Foundation that has advertised for 40 years that the Urantia Book is exactly what it claims to be, their claims in Court are sweeping deceptions.
And now the Foundation's falsehoods are creeping into Religious Encyclopedias and Dictionaries that are read by the general public -- people who may not ever want to look at the Urantia Papers because of the human authorship that is reported in these works.
Bill Sadler and Doc Sadler are mentioned as the authors of the Urantia Book in some Religious Dictionaries and Encyclopedias currently in print.
The editors of those reference works couldn't have gotten the Sadler name by reading the Urantia Papers. (And to think that the revelators wanted "no human name" associated with the revelation!)
Colorado Lawsuit
Plaintiff Foundation sued Eric Schaveland and Kristen Maaherra (again!) for trademark and copyright infringement in August of 1996. BURDEN OF PROOF is the duty of establishing the truth of a contention in a lawsuit. Usually, this burden lies upon the plaintiff or prosecutor who has instituted the action. Plaintiff Foundation said the prima facie value of their trademark certificates re-orders the burden of proof (onto the defendants.)
PRIMA FACIE EVIDENCE (Evidence that is obviously good and convincing; testimony sufficient "on its face" to convince judge and/or jury.) Settlement
The Foundation filed 3 new Motions in the middle of a court-mandated settlement discussion. SETTLEMENT (The ending of a dispute through an AGREEMENT.) This act would seem to put into doubt their "good faith" in settlement. GOOD FAITH (Honest intentions: fairness; equity. One deals in good faith when one attempts, without guile or deception, to settle a controversy.)
Res Judicata & Collateral Estoppel
One of the Foundation's Motions was for RES JUDICATA ("The matter has been settled" in Latin. A term denoting that a judgment has been rendered and the case has been disposed of. The phrase indicates that the matter cannot be tried again.) and COLLATERAL ESTOPPEL (Estoppel by judgment; the doctrine of res judicata. In other words, the principle that an issue has been decided finally and decisively and no similar suit can be brought in another court by the same litigants in the same matter.) to get Eric and my counterclaims thrown out of court.
Eric is defending himself from the Foundation PRO SE ("For self" in Latin; a defendant in a lawsuit who is representing himself; a defendant who answers the charges of the plaintiff without the benefit of a lawyer.)
Eric hopes for DUE PROCESS OF LAW (The regular course of events in the administration of justice, respecting the rights of every person, giving him the time and the right to defend himself without interference and without the fear that the law will be unfair to him.) Eric hopes for a FAIR TRIAL (A trial characterized by the presence of an impartial judge and jury, and in which all evidence is heard before a verdict is reached, or a trial in which the defendant's rights are safeguarded. In such a trial, the defendant should be tried by an impartial judge and jury, and be protected by a competent attorney, who will have ample time to prepare the defense and who will insist upon the appearance of all necessary witnesses.)
Other Misc. Terms:
COMMON LAW: One of the Appeal Court Judges remarked that he was an old "COMMON LAW" judge. Common law is: 1. Law declared by judges functioning in areas not controlled by governmental regulations, ordinances, or statutes. 2. Law originating from usage and custom rather than from written statutes. 3. The unwritten laws.
GOODWILL (Something beyond the calculated worth of a company; the knowledge that the reputation of a company will ensure that regular customers will continue to patronize the firm; an intangible asset whose value is based upon the good name the business has developed over the years.) The Foundation claims that it is the Foundation's goodwill - - not Jesus' goodwill -- that is represented by the Banner of Michael.
LACHES (A defense which contends that rights that have not been enforced and have been neglected for a long time, cannot be enforced. Thus, the person who fails to enforce his rights over a long period loses those rights. This doctrine applies particularly to property, and is also known as the "doctrine of stale demand.")
PRO BONO is an expression, derived from PRO BONO PUBLICO, ("For the good of the public" in Latin, meaning that free legal work has been done for some charitable or nonprofit organization.) Joe Lewis has done much pro bono work for defendant Maaherra.
ARGUENDO (Latin; for the sake of argument, to assume that something is true even if one doesn't believe it to be true.)
IBID (Latin; the same.)
IN RE (Latin; in the matter of; concerning.)
OYEZ ("Hear ye"; an expression often used to alert those in the courtroom that the court will be in session momentarily. In most courts, the word is said twice by a court officer, i.e., "Oyez, oyez.")
The Federal Supplement
Eric researched case law in the University of Colorado Law Library. The "Fed Sup," or Federal Supplement books are large volumes that cover shelves and shelves and contain case law. Most cases don't get into the FedSup; cases that get in mostly get a column. Some cases get as many as 10 pages; but we thought you'd like to know that the Arizona case (Urantia Foundation v. Maaherra) covers 40 pages.
Nimmer on Copyright
The Arizona case was also written up in two places in Nimmer on Copyright. (Nimmer is the expert on copyright; he published a new edition of Nimmer in December, 1996.) We fondly call it "the Joe Lewis Section" of Nimmer.
Thank You!
In response to our call for evidence, you've sent too much to list it all here!
What you've sent includes photos of the word Urantia and circles bumper stickers on your cars and trucks and vans; you've sent us photos of your jewelry with the circles; you've sent flyers of worship services and other Urantia occasions; you've sent phonograph records and CDs with Urantia and the circles; you've sent study aids you've prepared; you've sent (many copies of!) the UPS sticker; you've sent artwork and pottery and photos of the Banner of Michael flying over every sort of Urantian get-together; you've sent photos of beautiful works of stained glass with the circles; you've sent historical and archeological research on the circles.
You've quit calling yourselves "readers" or "students," I've noticed, and have begun calling yourselves "believers" or "Urantians."
Again, thank you for your prayers and support -- both moral and physical. And for your donations.
Now we're waiting for the Appeal Court Judges to render their decision, and we're waiting for the Colorado Judge to decide the Motions currently before him.
I'll let you know what happens.
Much love, and God bless you,
Kristen Maaherra