© 1998 VNN     10/29/1998 - 2427 (See Related VNN Stories)

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Los Angeles, CA (VNN) - 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 Guhyu 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.

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