September 1, 1997 Maaherra Motion
For: The Honorable Warren K. Urbom
UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
Urantia FOUNDATION, Plaintiff, v. KRISTEN MAAHERRA, Defendant.
NO. CIV 91-0325 PHX WKU
Motion by Defendant Maaherra for Leave to File Exhibits Which are Now Pertinent
Introduction
A friend told me of visiting a "Bible Museum," where over 700 Bibles with currently valid copyrights were on display. Everyone knows the Bible is in public domain. Why the copyrights?
What Bible publishers have copyrighted, then, is the creativity they put into their publication. Some Bible publishers include maps, charts, diagrams, footnotes, discussions, cross-references, etc. a seemingly endless list of Bible translations, formats, and secondary works.
Perhaps Judge Schroeder of the Ninth Circuit Court of Appeals recognized that the Urantia Papers are a sort-of modern-day Ten Commandments (written with "the finger of God"), and intended, with her ruling, to put the Urantia Papers in the same situation as the Bible.
In her Opinion, Judge Schroeder wrote:
"This case did not concern the use of a single 'revelation' outside the context of the Book, which would have been analogous to a 'fact,' and would not have been copyrightable." (Ninth Circuit Opinion, page 6747, No. 4).
Judge Schroeder left it up to this Court to decide what part of plaintiff Foundation's printing of the Urantia Book is revelation. Judge Schroeder wrote: "the contact commission created the Urantia Book" (Ninth Circuit Opinion, page 6757, No. 6). She seems to be pointing to the difference between the Urantia Papers [Footnote 1: The superhuman revelators call the revelation the Urantia Papers never "book." Exhibit A. Plaintiff Foundation calls their publication "The Urantia Book."](the Foreword and Papers 1 through 196 authored and arranged exclusively by the superhuman revelators) and the Urantia Book (which includes introductory materials a long Table of Contents created by William Sadler, Jr. and plaintiff Foundation's page formatting, hyphenation decisions, etc.)
Of course I'm disappointed with Judge Schroeder's reversal of a Summary Judgment on Copyright, but I'm personally not "married to the idea" that there can be no copyrights associated with the various publications of the Urantia Papers. I'm not against plaintiff Foundation owning a copyright on their publication of the revelation. What I'm against is plaintiff Foundation's misuse of copyright and trademark law to exert exclusive control over the revelation and the Urantia religion. I'm against plaintiff Foundation shutting down secondary works paintings inspired by the Urantia Papers, music, electronic study aids of all sorts (including Indexes), Internet distribution of the revelation, etc. I'm against plaintiff Foundation's refusal to sell Urantia Books. [Footnote 2: "The trustees of Urantia Foundation refuse to sell books to you," letters, Exhibit B.] I'm against plaintiff Foundation's attitude, which is in direct opposition to Jesus' "forbid him not." (For example, plaintiff Foundation called the largest group of Urantia religionists "simply an enemy of the Foundation." [Footnote 3: "FEF is simply an enemy of the Foundation, and not a 'friend of the court.'" Page 2 from plaintiff Foundation's Response in Opposition to Motion for Leave to File Brief Amicus Curiae in Support of Appellee. Exhibit D.]) Plaintiff Foundation has already written letters to Mark Turrin and Chris Hansen about "damages" incurred during the 28 glorious months the Urantia Papers were clearly in public domain when all these religionists were doing was "going into all the world" with their sacred scriptures. [Footnote 4: Exhibit E, letters to Mark Turrin and Chris Hansen from plaintiff.]
Because the revelation is the sacred scriptures of my religion, I personally have an interest in publishing the Urantia Papers as close as possible to the way the superhuman authors gave it to us. I can't stop plaintiff Foundation from making changes (even though their Declaration of Trust mandates them to keep the text "inviolate"). But I can make my own decisions, such as changing "hestitate" to "hesitate," and putting "in the manger" back into the text. I certainly don't want to be stuck with plaintiff Foundation's decisions about the revelation. [Footnote 5: A partial list of Changes plaintiff Foundation has made between printings is Exhibit C.]
The Urantia Bible [Footnote 6: Exhibit V, newspaper article calling the Urantia Papers the "Urantia Bible."]
Judge Schroeder's Opinion gives plaintiff Foundation a Summary Judgment on copyright on the basis that the Urantia Papers were "transcribed, compiled and collected by mere mortals."
Judge Schroeder's Opinion (non-copyrightable revelation analogous to fact) combined with the attached evidence (showing that it was the superhuman revelators and not humans who selected and arranged the Urantia Papers in their present form), not only gives plaintiff Foundation a copyright (on the "minimal amount of human creativity required") on their Urantia Book, it would also give the Fellowship (under the Uversa Press name) a copyright on the creativity required to place their publication of the Urantia Papers into a 2-column format (in paperback and hard-cover editions) with each paragraph numbered. Chris Hansen could copyright his Pathways printing of a different 2-column format of the Jesus Papers Part IV of the Urantia Papers which Mr. Hansen published as a stand-alone. Mark Turrin could copyright the revelation in HTML format which he did for the World Wide Web, his electronic Internet version of the Urantia Papers. And Judge Schroeder's Opinion combined with the attached evidence could give me a copyright on the creativity that went into my electronic FolioViews Index.
Arranged by the Revelators
What the Court needs to know is that it was the superhuman revelators and not the contact commissioners who compiled, collected, and arranged the Urantia Papers, (the actual revelation itself apart from the Table of Contents and the Foundation's page numbering system.) The role of the contact commission was indeed minimalistic. In the contact commission's own words, their role was limited to "spelling, capitalization, and punctuation."
"The Papers were published just as we received them. The contact commissioners had no editorial authority. Our job was limited to `spelling, capitalization, and punctuation.'" (History, Page 000314, first paragraph).
The contact commission took the Urantia Papers exactly as they were given by the revelators, added a Table of Contents, and copyrighted the whole thing.
In plaintiff Foundation's Admissions, they also mention that the arrangement of the Urantia Papers are "established by the source of that Paper."
"The Urantia Foundation further admits and states that the text of those Papers as contained in the text of the Urantia Book is in the most recent form that was transmitted by the sources of those Papers, and that those sources are the entities who are identified as the sources in the Urantia Book at the end of each portion. The Urantia Foundation admits and states that the arrangement of each individual Paper is that established by the source of that Paper, who is identified in the Urantia Book at the end of the Paper." [Footnote 7: Admissions by plaintiff Foundation, Docket No.152, Admission No. 13, Exhibit F. All through their answers, plaintiff Foundation uses the technique of quoting directly from the Urantia Papers. This demonstrates reliance on the Urantia Papers as the final authority for the answers to questions.]
Plaintiff Foundation for over 40 years has marketed the Urantia Papers to believers as divine revelation, authored exclusively by superhuman beings, and published exactly as it was received from the superhuman revelators.
Plaintiff Foundation has never claimed to own a copyright on the basis of having edited, compiled, selected or arranged the revelation. [Footnote 8: In fact, plaintiff Foundation lawyer, Lloyd C. Root, filed a sworn Affidavit with the Copyright Office: "The Urantia Book is not a collective work, since the material therein was not in existence before the arrangement of it was placed in tangible form, and it was in existence prior to publication thereof only in manuscript form." (February 11, 1980). Exhibit G. See also Exhibit H for what else they have claimed.] That is why the Court has not seen the documents attached to this Motion. The following exhibits include:
Testimony of contact commissioners:
Testimony by Dr. Sadler, Contact Commissioner
Contact commissioner Dr. William S. Sadler stated in a History (submitted as evidence by plaintiff Foundation to the Ninth Circuit Appeals Court):
"Just about all that is known or could be told about the origin of the Urantia Papers is to be found, here and there, in the Urantia Book. A list of such references is to be found on the back of the dust jacket of the Book." (History, Page 000301). [Footnote 9: Dust Jacket with references to plaintiff's printings of the Urantia Book, Exhibit H.]
"During these early years, all of our observations and investigations utterly failed to reveal the technique of reducing messages to writing." (History, Page 000295, last sentence.)
". . .the phenomena connected with the personality, who was later associated with the Urantia Papers, was in no way similar to any other well-known type of psychic performance such as hypnotism, automatic writing, clairvoyance, trances, spirit mediumship, telepathy, or double personality. It should be made clear that the antecedents of the Urantia Papers were in no way associated with so-called spiritualism . . ." (History, Page 000292).
"The Papers were published just as we received them." (History, Page 000314, first paragraph).
"The Contact Commissioners had no editorial authority." (History, Page 000314, first paragraph).
"Our job was limited to `spelling, capitalization, and punctuation.'" (History, Page 000314, first paragraph).
"Page 865, par. 6, 7. The narrative of the midwayers function in initiating and carrying forward to completion the Urantia Revelation." (History, Page 000302, # 7). [Footnote 10: "The midway creatures are super-material beings and are just beyond our range of vision. They are the permanent citizens of the inhabited worlds. They exist on a level between angels and mortals, hence the name midwayers. For more information on these marvelous beings, I suggest you read Paper 77." (Definition of midwayers by Thomas Kendall, 10/09/73, letter No. 1431).]
". . . the Celestial Revelators do not want any human being any human name ever to be associated with the Urantia Book. . ." (History, Page 000306).
"They [the superhuman revelators] are determined that future generations shall have the book wholly free from all mortal connections . . ." (History, Page 000306).
Our "unseen friends" (the revelators, the superhuman personalities) "were engaged in" making the contacts with mortals. The revelators selected the contact commissioners, and the revelators initiated the presentation of the Urantia Papers. (History, Page 000293, first paragraph).
The superhuman revelators directed the contact commission: "We were instructed," (Page 000299, paragraph 1), "we were told that the Revelatory Commission would be pleased..." (Page 000309, first paragraph); "It was the design of our unseen friends . . ." (Page 000311, first paragraph); "We were enjoined to refrain from . . ." (Page 000311, last paragraph); "At long last, permission to publish the Urantia Papers was granted." (Page 000313, first sentence); "Upon receipt of these instructions [from the superhuman revelators], the Contact Commissioners entered upon the task of publishing the Urantia Book and preparation of plans for its distribution." (History, Page 000313).
"The first group of Papers numbered 57." (History, Page 000308).
". . .the superhuman agencies and personalities responsible for transmitting the 57 Papers would engage to enlarge the revelation and to expand the Papers . . ." (History, Page 000308).
"Part IV The Jesus Papers had a little different origin. They were produced by a midwayer commission and were completed one year later than the other Papers. The first three parts were completed and certified to us in AD 1934. The Jesus Papers were not so delivered to us until 1935." (History, Page 000309).
Testimony by Emma Christensen, Contact Commissioner
Ms. Christensen ("Christy")wrote thousands of letters for the Foundation over the years. Here are some excerpts concerning editing or arrangement or organization of the Urantia Papers:
"The authors are all listed in the book itself, and you will find papers describing them in detail, as this is the only information we have regarding the origin, nature, and organization of the Urantia Book." Exhibit C-1.
"I can categorically assure you that no humans decided the content of the Urantia Book. The Book is as the revelators gave it to us." Exhibit C-2.
"Through your assistance we shall be able to move forward with the tremendous undertaking of bringing the supernal teachings of the Urantia Book to all mankind, unchanged by any human ideas or doctrines." Exhibit C-5.
"The Urantia Book was not written by the Urantia Foundation. It is a revelation given to this world by superhuman personalities." Exhibit C-6.
"I can categorically assure you that no humans decided the content of the Urantia Book. The Book is as the revelators gave it to us." Exhibits C-8 and C-10 and C-16.
"Two thousand years ago, the 'Word' was made flesh. today the 'Word' is made book." Exhibit C-12.
"The papers are based on no human authority." Exhibit C-13.
"No part of the Urantia Book was ever edited. It has been printed as it was given to our world." Exhibit C-15.
"The Urantia Book has not gone through any alterations. It was received in all essential respects just as you now find it, and was written in the English language." Exhibit C-18.
"The Urantia Book was published just as we received it in English. There was no editing. Our only jurisdiction had to do with typing, proof-reading and publication." Exhibit C-20.
"The Urantia Book was published precisely as it was given to the people of this planet. Not a word has been added or deleted." Exhibit 2730.
"No human scholars edited the book." Exhibit 794.
"No human being's name is in any way connected with the book." Exhibit 2016.
"It was not discovered -- it was well planned by a Revelatory Commission from Paradise." Exhibit 409.
"Any validation from human beings would be quite superfluous and entirely inconsistent with the quality of the revelation itself." Exhibit 519.
Testimony from Thomas Kendall, Foundation Trustee
Tom Kendall also answered a great deal of correspondence for the Foundation over the years. Here are some excerpts concerning editing or arrangement or organization of the Urantia Papers:
"The Urantia Book is arranged and assembled exactly as revealed." Exhibits K-1 and 750.
"It would seem presumptuous for mere mortals to affect any changes." Exhibit K-5.
"The Revelatory Commission, no doubt, had many good reasons for giving us this message in the form and sequence as found in the Urantia Book." Exhibit K-10.
"No human ever edited this material." Exhibit K-13.
"Making certain that it continues to be available in the form in which it was revealed." Exhibit 421.
"The Urantia Papers are self validating and possess a wholeness that one recognizes as you proceed through the book." Exhibit 669.
"It is closer to perfection than any individual mortal or human agency could make it." Exhibit 887.
"The teachings ... are best appreciated when studied in their complete form." Exhibit 724.
"We believe that the Urantia Book is a meaningful whole." Exhibit 1335.
"The revelators speak so eloquently and, no doubt, took many years and obviously great care to present to us the inspiring story of Jesus' life and its meaning for mortals of our world that it seems unlikely that we humans could really improve upon it," Exhibit 1336.
"If you have a copy of the Urantia Book with a dust-jacket, I suggest you look up and read the reference on the back of the jacket, 'Concerning ... the Nature, Origin, and Organization of the Urantia Book.' All the information available on this topic is included in the book itself." Exhibit 1447. [Footnote 11: The Urantia Papers were "sponsored, formulated, and put into the English language by a revelatory commission acting under a mandate" from on high. (Page 354).]
Testimony from James C. Mills, Foundation Trustee
Jim Mills was also a Foundation spokesperson who answered a great deal of correspondence for the Foundation over the years. Here are some excerpts from his letters which concern editing or arrangement or organization of the Urantia Papers:
"No human mentality was engaged in its original compilation which has been reproduced exactly as it was transmitted." Exhibit M-1.
"The authors have placed the sequence of studies in their present arrangement for their own good reasons." Exhibit M-2.
"Unchanged by any human ideas or doctrines." Exhibit M-3.
"The authors of the book are exactly as they describe themselves, and their identity and function is described within the pages of the book itself." Exhibit M-7.
"The final origin of the Urantia Papers lies in the authors themselves." Exhibit M-8.
"The Urantia Book is based entirely upon the statements of the authors of the individual papers, all of whom are self-identified or identified by other authors. No human being had any part in authorship itself." Exhibit M-10.
"Any validation from human beings would be quite superfluous and entirely inconsistent with the quality of the revelation itself." Exhibit M-14.
"Its true origin lies in the authors themselves." Exhibit M-15.
"The revelation was presented as an entity in itself, to stand upon its own feet." Exhibit M- 17.
"The Urantia Book is the work of many personalities, none of which are human. Each paper is signed by its author, often identified only as a member of a group, sometimes individually. This is true of all papers in Parts I, II, and III. Part IV is the work of a commission, all members of which are superhuman." Exhibit 917.
"The source of these various papers lies totally with the authors themselves." Exhibit 440.
"The truths and concepts portrayed are entirely their work. We of the Foundation and the Brotherhood are merely the earthly trustees and preservers of this tremendous work." Exhibit 728.
"As to the semantics employed, we had no control over them. We have reproduced the text exactly as received. We are pledged to preserve it inviolate, and will do so." Exhibit 510.
"The Urantia Book is not the statement of the ... Foundation. Its authorship is clearly stated in the book itself." Exhibit 2606.
"Through your assistance we shall be able to move forward with the tremendous undertaking of bringing the supernal teachings of the Urantia Book to all mankind, unchanged by any human ideas or doctrines." Exhibit 477.
Testimony from Bill Hales, Foundation Trustee
William M. (Bill) Hales was the first President of Urantia Foundation and long-time forum member. He testified in a deposition taken on October 21, 1994:
"I can categorically assure you that no humans decided the content of The Urantia Book." (W. Hales dep., page 22, line 20).
"The book is unchanged from the way the revelators provided it." (W. Hales dep., page 23, line 7).
"The essential facts which explain the origin of the Urantia Book are found in the book itself." (W. Hales dep., page 22, line 14).
"The Urantia Book was published just as it was received in English. There was no editing. Our only jurisdiction had to with typing, proofreading, and publication." (W. Hales dep., page 19, line 24 continued on page 20, lines 1-3).
"The book is as the revelators gave it to us." (W. Hales dep., page 22, line 21).
Testimony of Scott Forsythe, Administrative Assistant
Scott Forsythe also answered a great deal of correspondence for the Foundation over the years. Here are some excerpts from his letters which concern editing or arrangement or organization of the Urantia Papers:
"I can categorically assure you that no human decided the content of the Urantia Book. The Book is as the revelators gave it to us." Exhibits F-1 and F-7.
"The Urantia Book was presented to the world as it was received and no alterations of the text have been made or will be made." Exhibits F-5 and 2843.
"The book was given as a complete work and intended for students of truth in that form (see page 215, paragraph 4, for a philosophical consideration of this point)." Exhibit 1090.
Testimony of Mike Painter, Administrative Assistant
Michael Painter, Administrative Assistant for plaintiff Foundation, wrote on Foundation letterhead in response to a question about the origin of the Urantia Papers:
"The papers have not been edited by human authors and all the Papers that were authored by the Revelatory Commission are included in the Book." Exhibit P-1.
Conclusion
Since the Urantia Papers were not only authored by the superhuman revelators, but also put in their present arrangement by our "unseen friends," the inevitable conclusion is that the "facts" that Judge Schroeder finds to be in public domain are the Urantia Papers (the Foreword and Paper 1 through Paper 196.)
The Ninth Circuit Court of Appeals has granted a copyright to plaintiff Foundation on their publication (the Urantia Book) of the Urantia Papers which includes the creative work product of Bill Sadler's long Table of Contents (which is not part of the FolioViews Index).
At least this interpretation of the Ninth Circuit Court of Appeals' ruling would save Urantia religionists and Courts all over the country time, energy, and money. And this whole nightmare experience, that started with giving away an electronic Index of the sacred scriptures of my religion, [Footnote 12: Fair use has not even been argued in this case. Since an index is for research and education, and my Index of the Urantia Papers is a non-commercial, religious use, it always has been, therefore, an appropriate "fair use."] would finally be over.
Respectfully submitted,
Kristen Maaherra 152 California Gulch Jamestown, CO 80455 303-459-0351
By Defendant (saving attorney's fees).
Date: September 1, 1997