Court Guts BBTI Case

[Guest guest]

VNN has learned that in ruling on cross motions for summary judgment on October 27, 1998, the California Superior Court Judge in the BBT-International, Inc., and ISKCON of California, Inc. vs. Hans Kary case has thrown out the Plaintiffs argument that the Court should defer to the GBC on matters regarding the Bhaktivedanta Book Trust, its trustees and ownership to the copyrights to Srila Prabhupada's books.

 

In an interview with VNN Joseph Fedorowsky (Gupta das), the lawyer representing Hansadutta, Bhagavan, Veda Guhya Das and Das Das Anu Das Devi Dasi, explained:

 

VNN: How does the Court ruling affect your clients' effort to validate Srila Prabhupada's original BBT?

 

Gupta: This ruling now guarantees that the Court will apply "neutral principles of law developed for use in all property disputes" in adjudicating the trust and contract issues being litigated in this case and that the Court will not entertain any of the Plaintiffs' ecclesiastical arguments.

 

VNN: Can you elaborate?

 

Gupta: The court formally rejected the attempt by the Plaintiffs' BBT-International Inc and ISKCON of California Inc, to hide behind the skirts of the First and Fourteenth Amendments -- which, if allowed, would have prevented the Court from questioning decisions made by the GBC and ISKCON as regards the BBT, its trustees and the ownership of Srila Prabhupada's books.

 

VNN: How does that help validate the BBT?

 

Gupta: That paves the way for the Court at trial to validate the existence of the original Bhaktivedanta Book Trust formed on May 29, 1972, by applying California trust law as well as to invalidate the bogus assignment of copyrights in Srila Prabhupada's books to the BBT-International, Inc., by applying simple contract principles of law.

 

VNN: Does the Court's decision directly affect the BBT International Inc's present claim to ownership of the copyrights to Srila Prabhupada's books ?

 

Gupta: In my opinion, the Court's ruling effectively guts that claim because the documentary evidence clearly proves the formation and viability of Srila Prabhupada's original irrevocable California charitable trust referred to by devotees throughout the world as the "Bhaktivedanta Book Trust." In addition, the ruling removes the basis for Plaintiffs' smoke and mirrors assertion that the copyrights were legally "assigned" to the BBT International Inc., which is actually just a private holding corporation -- not a trust.

 

VNN: But what about the argument that the GBC has authority over the BBT and the BBT Trustees and could therefore authorize or direct the transfer of the copyrights into the BBT International Inc?

 

Gupta: That argument is now gone -- and for good reason. Srila Prabhupada set up a perfect arrangement as regards the separation between the BBT and the GBC. In the original 1970 Direction of Management, His Divine Grace stated: "I am setting up a different body of management known as the BHAKTIVEDANTA BOOK TRUST. The trustees of this body are also members of the GBC, but their function is not dependent on the GBC." Then in the May 29, 1972, BBT California trust document, His Divine Grace stated: "This trust shall exist independently of ISKCON and the Trustee's function and duties stated herein shall be separate and not dependent on the Governing Body Commission of ISKCON." I don't know if anyone could have said it more clearly.

 

VNN: So where does the case go from here?

 

Gupta: Unless the Plaintiffs voluntarily accept the legal and spiritual reality of Srila Prabhupada's original BBT, which holds His copyrights, as legally separate and distinct from the publishing activities of ISKCON, a two week court trial will begin on November 30, 1998.

 

VNN: Last question - Why shouldn't the BBT International Inc and ISKCON of California Inc go to trial on these issues?

 

Gupta: The number one reason is to follow the clear instructions of Srila Prabhupada as expressed in the BBT Agreement in order to keep his copyrights safe and beyond the manipulation or control of any third party, which specifically included the GBC. The second reason is that going to trial will mean the unnecessary expenditure by the Plaintiffs of some $100,000 or more additional ISKCON dollars to contest the clearly expressed desire of His Divine Grace. And the third reason is that if at all possible, issues dealing with Srila Prabhupada's Vani should take place on a cooperative spiritual basis and not between contentious litigants in the legal arena. Perhaps when we all accept that principle a new Chapter in the history of the Hare Krishna Movement will have officially begun.