| | Note: explanations by the translator for better understanding are marked with brackets [...] [jump to: Pay fine!]
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From: Doeser Amreller Noack Attorneys
BETHMANNSTRASSE 50-54
D-60311 FRANKFURT/M.
TELEFON 069-2 99 08-0
TELEFAX 069-2 99 08-108
To:
Landgericht Frankfurt (state court)
- 3. Zivilkammer
60256 Frankfurt am Main *registered at court house Nov17, 1997 * certified mail enclosures date: November 14th, 1997 A C C U S A T I O N on behalf of Anonyme Alkoholiker Interessengemeinschaft e.V., [German counterpart of AAWS NY] represented by the board of directors Bodo Dombrowski, Joachim Zweiboehmer and Hans Prussky, Lotte-Branz-Strasse 14, 80939 Muenchen /Germany [mail address] plaintiff
and
solicitor: attorneys Doeser Amereller Noack (GK 228 [court registration number]
- lawyer Dr. Werner Mueller) -------------[page 2] ----------------against Mr. "m", [full name and address], stands accused of Copyright infringement value in dispute (preliminary): DM 200.000,-- [about US$ 114,000.00]In this case we announce that we act in behalf of the plaintiff. We ask for legal action. The court is urged to set a date for the trial. In the trial we will claim the following:  | I. The accused shall pay a fine of DM 5 up to half a million German Marks [currently about US$ 286,000.00 at an exchange rate of 1.75), and if he cannot or will not pay he shall stay in prison up to six month according to civil court law §890 for every single case of further infringement. It shall be forbidden for him. |  | 1. to give away the printed booklet "Das Blaue Buch" [AA mini edition of the multilith manuscript of the Big Book of Alcoholics Anonymous 1938, German translation thereof] as specified in Anlage K1 [enclosure K1], as long as therein the first 192 pages (the 11 chapters) of this text is contained. | | 2. to produce and/or to give away the printed newsletter magazine "A-A-ktuell 11/95" [AA up to date November 1995] as specified in Anlage K 2 [enclosure K2], as long as on pages 2 through 33 "Bill's story" is contained in three different German translations. | | 3. to give away the printed newsletter magazine "A-A-ktuell 07/96" [AA up to date July 1996] as specified in Anlage K 2 [enclosure K2], as long as the comic strip stories "Too young?" and "It happened to Alice ..." are printed in it. |
-------------[page 3] ---------------- | II. The accused shall be sentenced to give full information to the plaintiff according to § 101 a copyright law where those booklets as specified in I.1. through 3. came from and on which was he distributed them. He shall give full names and address of the producer, carrier and others who had the booklets before. He shall reveal the number of booklets he has received. | | III. The accused shall be sentenced to give full information about the large scale distribution of the booklets in its entirety according to claims I.1 through I.3 of the accusation. He shall provide a separate listing for each title giving the number of distributed booklets every 3 months. | | IV. The accused shall be sentenced to give all copies of books or booklets as specified in I.1 through I.3 which are still in his possession to the court's marshal, in order to destroy them entirely. | | V. The accused shall pay all cost of this law suit. [including court cost and the cost for the attorneys of the plaintiff] | | VI. The sentence shall be interim executable. [ed. note: They mean business! Without delay the AA literature shall be destroyed and the money be paid immediately, even if the accused brings up appeal or reason against that] | | VII. In case the accused makes a confession and admits, he shall be sentenced as outlined in claims I through VI anyhow -- according to § 331 Abs. 3 ZPO [national law regulating legal court procedures]. |
-------------[page 4] ----------------
Statement of Reasons : | I. | | 1. The plaintiff is a non-profit Incorporation, founded in 1967, located in Munich. Proof in case of contest or denial by the accused: |  | 1. We will submit a copy of the registration of said Incorporation. | | 2. We will submit a copy of the bylaws of said Incorporation. |
| The purpose of said Incorporation is described in the bylaws as follows: |
"The purpose for the Incorporation is | the support of the public health care and | | the supportive assistance / aid to | | indigent / needy persons, | | especially of the alcohol-sick, and |
| the fighting against | | misuse of alcohol and | | alcohol dependence. |
[Zweck des Vereins ist die Foerderung der oeffentlichen Gesundheitspflege und die Unterstuetzung hilfsbeduerftiger Personen, insbesondere Alkoholkranker und die Bekaempfung des Alkoholmissbrauchs und der Alkoholabhaengigkeit. ] The purpose [as outlined above here in this bylaw] is | practiced / manifested especially | | - by support for the goals of the fellowship of anonymous alcoholics, | | - by representation / solicitation and supportive assistance / aid, especially towards anonymous alcoholics | | - by foundation, care and support of groups (meetings), where (anonymous) alcoholics are supported and strengthened in their [German: Ansinnen, literally an impossible or strange demand or] expectation, to | | end with consummation of alcohol, [the groups do that] | | through common exchange of experiences, | | through pep-talk one to another and | | through group-dynamic encouragement. |
[Der Satzungszweck wird verwirklicht insbesondere durch die Unterstuetzung der Ziele der Gemeinschaft der Anonymen Alkoholiker, durch Vertretung und Unterstuetzung insbesondere anonymer Alkoholiker, durch Gruendung, Betreuung und Unterstuetzung von Gruppen (Meetings), in denen (anonyme) Alkoholiker durch gemeinsamen Erfahrungsaustausch, gegenseitigen Zuspruch und gruppendynamischer Bestaerkung in ihrem Ansinnen unterstuetzt und gestaerkt werden, den Alkohol-Konsum einzustellen".] The plaintiff supports the anonymous alcoholics - of whom he takes care of - among other things through free information flyers and through so-called AA-literature, which can be purchased at the plaintiff's central office in Munich against sufficient fees / proper payments.
-------------[page 5] ---------------- | 2. A book with the title "Anonymous Alcoholics" [ed. note: it does not say Alcoholics Anonymous but really Anonymous Alcoholics] belongs to the AA literature distributed by the plaintiff. A copy of this work is enclosed as piece of evidence K4 [Anlage K4], but for the court only [this refers to the practice, that the accused gets usually a copy of all pieces of evidence]. This book is the standard reference for the anonymous alcoholics. It plays a big role for persons, who would like to master their alcohol problem according to the offer, the plaintiff makes. This is valid not only in Germany but world wide. The core of the work is the text given in the 11 chapters on pages 1-192 [this equals to pages 1-164 in the American 2nd and 3rd Edition], which was authored by the co-founder of the anonymous alcoholics, Bill Wilson. The Author describes therein thrilling and vivid his own experiences as heavy alcoholic, his cure from the illness with the help of friends, who were alcoholics themselves too, and the history of the fellowship of the anonymous alcoholics in the US, which he co-founded. But also the problems are described, which the alcohol illness brings along with it, such as the feeling of shame, the disguise of the illness and the knowledge, that actually only that one can help, who has had the same experiences. The text is in excellent language shape and has a dramaturgical tension from the first until the last page - thus it is not easy to lay the book aside once you started reading. According to that the work is very successful. Since it was first published alone in Canada/US 16 millions of copies were sold. The German Edition was marketed / sold 400 000 times. [ed. note: not true, it were just about 40,000] The book has been translated into nearly every language. |
Proof in case of contest or denial by the accused:
Mr. Heinz Peter R [full name and address of AA member] -------------[page 6] ---------------- The witness R. [full name of AA member] is the former vice-chairman of the plaintiff.
The German edition contains besides the text from Bill Wilson life stories from other anonymous alcoholics on pages 193 through 403, and an appendix with essential information about the activity / business [Taetigkeit] of the anonymous alcoholics and their offer to help the alcohol sick. At the copyright notice ALCOHOLICS ANONYMOUS WORLD SERVICES INC., New York is mentioned as the copyright owner of the English original version and as owner of the rights concerning the German edition it mentions "Anonymous alcoholics of German language" -- a somewhat inaccurate label for the plaintiff.This book, piece of evidence K4, is distributed by the plaintiff in pocket format too. One copy of the pocket edition is enclosed as piece of evidence K5 [Anlage K5], but for the court only. The hardcover edition costs 25,-- DM [US$ 14.30], the pocket edition 20,-- DM [$11.45].
Proof in case of contest or denial by the accused:
We will present the currently valid order form of the plaintiff to the court if necessary. The plaintiff sells about an average of 3,500 copies of the hardcover book a year making a annual turnover of 87.500,-- DM [$50,000.00] The pocket edition was first published in 1996. [six months after the AA BBSG book]
The book specified in enclosure K4 is a German translation of the said English original edition, especially "Third Edition, New & Revised 1976, Seventh Printing 1980" as the copyright notice mentions. The plaintiff encloses copies of the cover, the title page, title back page and first page of contents page as piece of evidence K6
-------------[page 7] ---------------- concerning this original edition. In case of need the plaintiff will supply an original hardcopy of this book to the court. Owner of all rights of the English original edition is the ALCOHOLICS ANONYMOUS WORLD SERVICES, INC., New York. This is evident from the copyright notice in the original edition. It says:
Copyright © 1939, 1950, 1976 by
ALCOHOLICS ANONYMOUS WORLD SERVICES INC.
All Rights Reserved
The text from Bill Wilson is also the core of that book. In the piece of evidence K6 it is printed on pages 1 through 164. The work was first published in the US 1939 in English language. Photocopies of the title page, the title back page with copyright notice and of the contents page of the First Edition are handed over from the plaintiff to the court as piece of evidence K7. Bill Wilson has transferred his copyrights unlimited and entirely to the ALCOHOLICS ANONYMOUS WORLD SERVICES INC. (the US-American copyright law allows for such entire transfer [US law has yet to be checked, but German law does definitely not allow that]) The ALCOHOLICS ANONYMOUS WORLD SERVICES INC. (in the following abbreviated as: AAWS) has granted the exclusive right for production and distribution of a German edition of this book as specified in enclosure K6 already many years ago. That this right has been conceded was again approved last year by the written license contract. A copy of this license contract between the plaintiff and AAWS of August 28, 1996 is enclosed as piece of evidence K8.
-------------[page 8] ---------------- The relevant paragraphs 3 and 4 of the contract read in German language as follows:
| (3) "AAWS raeumt dem Antragsteller eine ausschliessliche Lizenz ein, die Uebersetzung zu vervielfaeltigen und zu verbreiten in genau der Form, wie sie AAWS vorgelegt wurde, und zwar nur in den oben genannten Laendern. [the German "translation" changes the english text from " in the country" to "in the countries" Please refer to AA Service Manual page S26] 3. A.A.W.S. grants applicant an exclusive license to reproduce and distribute the translation in the exact form in which it was submitted to A.A.W.S. ONLY, in the country identified above ONLY. | | (4) AAWS raeumt dem Antragsteller das Recht ein, das Urheberrecht an der Uebersetzung im eigenen Namen des Antragstellers in den oben angegebenen Laendern durchzusetzen einschliesslich des Rechts, wegen Verletzung Klage im Namen des Antragstellers zu erheben. Der Antragsteller wird AAWS schriftlich von jeder Verletzungshandlung des Urheberrechts in den oben genannten Laendern unterrichten, und zwar sobald eine solche Verletzungshandlung dem Antragsteller bekannt wird". 4. A.A.W.S. grants applicant the right to enforce the copyright in the translation in applicant's own name in the country identified above, including the right to file suit for infringement in applicant's own name. Applicant agrees to notify A.A.W.S. in writing of any infringement of said copyright in the country identified above as soon as such infringement comes to the attention of applicant. |
Only precautionary the plaintiff points out, that AAWS is informed about this accusation here and has declared it's explicit consent to this accusation and to the legal action against the accused.
Evidence offered by witness:
attorney Frieder Roth, Gewuerzmuehlstr. 5, 80538 Muenchen
The plaintiff has - according to the license contract - let make [somebody] a German translation of the original edition, given the translation to AAWS for [agreement and] permission, and only after that allowance has he distributed the work in the German speaking countries. It is offered in the form [text version] as specified in enclosure K4 since 20 years. The translation was done by a group of anonymous alcoholics, who
-------------[page 9] ---------------- granted the rights the created by their translation work unlimited and exclusively to the plaintiff. [ed. note: Nearly all of this paragraph is far away from the truth.]
Evidence offered by witness:
Ernst S. [full name and address of AA member] Mr. S. [full name of AA member] was the responsible leader of this group of translators. Concerning the manner this text from Bill Wilson, as specified in enclosure K 6, came in existence we want to point out the following additionally: The first version of the work was reviewed and changed by it's author a few weeks after the creation of the manuscript, because according to the opinion of Bill Wilson the text had too many references to the God of the Christian religions. [ed. note: not true, in the opposite was against such changes] Bill Wilson and his friends thought, thereby the entrance to the anonymous alcoholics could be hindered [it could be an obstacle] for persons of different belief. That's why Bill changed this first draft at some places. Only the revised new version was published in book form (see enclosure K7). Since 1939 this is the only official version permitted by Bill Wilson and later permitted by AAWS. Nevertheless there is a typewritten multilith copy of the not-revised draft, so to say: a historical text. A copy of the whole text is enclosed by the plaintiff as piece of evidence K9. If one compares this text with the version then published, the result is that the differences are but marginal [very small]. As far as those differences do not rise from the above explained reason -- to make the message of Bill Wilson [?] accessible by all persons --, those differences are simply [marginal]
-------------[page 10] ---------------- adjustments usual with all writers / authors, who review their text. The construction of both texts, the chapters, the number of chapters and the headlines are equal. Also the tenor / substance stayed unchanged. Moreover the text is identical for pages and pages.
Proof in case of contest or denial by the accused:
expert's report
Bill Wilson was a co-founder of the anonymous alcoholics in the US and was the leader of the Incorporation over there for years. Besides the second co-founder, Dr. Robert Holbrook S. he was so to say the personification of AA. Bill Wilson died January 24, 1971.
| 3. AAWS has granted the exclusive license / permission for production and distribution of a German edition for two more works. These are comic strip stories about the topic of alcohol abuse with the titles "TOO YOUNG?" and "IT HAPPENED TO ALICE!". The English original editions of those comic strips are enclosed as pieces of evidence K10 and K11 to the court. The license contracts for those both works are enclosed as pieces of evidence K12 and K13 as a copy. The wording is the same as in license contract K8. [should read K8] The English original versions of both pictured stories came into existence end of the 50's / beginning of the 60's. The authors and artist painters have turned their [copy-]rights unlimited and entirely over to The American Organization of AA, i.e. AAWS. |
-------------[page 11] ----------------Evidence offered by witness:
Mrs. Vencina MCarthy c/o AAWS, 475 Riverside drive, New York, N.Y. 10115, USA
Mrs. MCarthy is the member of the Board of Directors of AAWS, who is dealing with AA literature. Accordingly the copyright notice says in both cases: © , 19.. ALCOHOLICS ANONYMOUS WORLD SERVICES; Inc. In the case of these two pamphlets the plaintiff has not yet made use of his rights. But he plans the publishing according to the German editions of the enclosures K10 and K 11. AAWS has also in regard of these two works emphatically expressed it's consent to the legal action taken by means of this accusation. Evidence offered by witness:
attorney Frieder Roth, already nominated
| 4. The accused respondent counts himself to AA. Together with another person he is a contact person for one of the 2.500 self-help-groups in the German speaking area, who make efforts to master alcoholism, with the help of the 12 Steps and 12 Traditions. But the accused is not a member of the Incorporation [Verein] of the plaintiff. His self-help-group calls itself "BIG BOOK STUDY |
-------------[page 12] ---------------- GROUP" or abbreviated "BBSG". Under this name this group is listed in the directory of English speaking AA groups in Germany. A part from this directory is enclosed hereby as piece of evidence K14. As usual with anonymous alcoholics, only first names and the telephone numbers are listed. BBSG is no legal entity, but operates the Post Office Box 1104 in 61218 Bad Homburg. Under this address correspondence is carried out and the group can be reached with letters under this address. Proof in case of contest or denial by the accused: We will show written matters [letters and/or] envelopes, which bear this sender address. The accused is moreover the holder of a publishing facility and a mail-order house for books with the name "..." which he runs at [full address of AA member]. A copy of page 1 of his newest catalog of May 1997 is enclosed as piece of evidence K15. Formerly the accused made his publishing activities under the label [...]. Moreover the accused operates another company under the label [technical quality control and material testing] at the same address in [...]. This is only mentioned to be complete. -------------[page 13] ---------------- | 5. The self-help-group BBSG distributes since April 1996 some different printed books / booklets and infringes the exclusive rights of the plaintiff. | | a) In first place we have to mention the book "Das Blaue Buch", as specified and added to this accusation as enclosure K 1. On the pages 1 - 192 the work of Bill Wilson is printed. A text check reveals, that the version distributed by the accused follows the tenor / substance of the first "historical" draft of Bill Wilson according to enclosure K 9, while the wording is nearly identical with the translation of the plaintiff so far as the substance / sense is the same. The plaintiff assumes that the production of the text as outlined in K1 was made on the basis of the [multilith] draft of Bill Wilson according to enclosure K 9 and also on the basis of the one and only authorized English version according to enclosure K 6 and [additionally] the German version of the plaintiff according to enclosure K 4. Summarized we can assume that the version of the work of Bill Wilson distributed by the accused is not an identical but a near transcription of the plaintiff's German edition. The work is so nearly identical, that the changes are not obvious to somebody who just looks superficially through the pages or cross reads a paragraph. Only when studied precisely the differences in the text show up. |
Evidence offered by witness:
expert's report
The accused has already had correspondence with AAWS in 1993 and 1994 because of a planned publication of his own German edition -------------[page 14] ---------------- of the text from Bill Wilson. Already then he has been informed that the plaintiff has been granted the exclusive license for a German edition and therefore additional licenses are not issued.
Proof in case of contest or denial by the accused:
Copy of the letters There has been a second printing of the book as specified in enclosure K1 meanwhile. One copy of this second printing is enclosed hereby as piece of evidence K16. I differs from the first printing not only through the slightly different blue color of the cover, but also, because the inner sides of front and back cover are used for printing. The address of BBSG was extended with an Internet address. The BBSG offers the same text in the Internet also. [http://members.aol.com/aabbsg] An advertising announcement [a hard copy of this homepage] is enclosed as piece of evidence K17. According to a statement of the accused himself already over 22,000 books like K1 were distributed until November 1996. This is what the accused said to George Dorsey, the general manager of. The accused has also published this number / amount himself. Proof in case of contest or denial by the accused: We will show the text of a report of his talk with George Dorsey, written down by the accused. -------------[page 15] ---------------- | b) The BBSG continues to distribute newsletters / magazines according to enclosure K2 and K3. These pieces of evidence K2 and K3 are two issues of a newsletter magazine published by the BBSG on a regular basis. The essential substance of enclosure K2 is the first chapter of Bill Wilson's work with the title "Bill's Story". This chapter is printed in [parallel] columns, one in English and then three different German translations. The German text given in the rightmost columns comes from a translation done by Heinz Kappes by order and on behalf of the plaintiff the two other translations were made by anonymous alcoholics. Only the accused knows their identity. This enclosure K2 is a very obvious example how different translations can become respectively how much efforts one saves, who just copies the translations of someone else. The booklet according to enclosure K3 contains German versions of the comic strip stories according to enclosures K9 and K10 - put together into one single issue. In order to make the reader think this was official AA literature a misleading footnote is printed on the front page: |
"This is a translation of A.A. General Service Conference-approved literature". -------------[page 16] ---------------- Thereby the impression is induced, as if the publication of this pamphlet was made with permission of the official authorities of AA. The opposite is true. Neither AAWS in New York nor the plaintiff have been asked before publication of the booklet. | 6. It is an experience of ours that the accused usually denies his responsibility for the activities of the BIG BOOK STUDY GROUP. He claims, the group was made up from 100 members and a person responsible [for the others] in a legal sense would not exist. The accused also tries to hide any direct connection between himself and the group. But in the following cases he will be unable to deny his participation in production and distribution of said publications according to enclosures K1 through K3: | | a) At a desk of the BIG BOOK STUDY GROUP at the German speaking AA Convention in Bremen May 1996 the accused has personally handed out copies of the book according to enclosure K1. |
Evidence offered by witness:
1. Kurt S. [full name and address of AA member]
2. Guenter M. [full name and address of AA member]
3. Herbert T. [full name and address of AA member]
The accused did the same on a retreat in Bad Herrenalb [black forest] May 18th, 1997. -------------[page 17] ---------------- | b) In April 1996 the accused came to the plaintiffs office in Munich and reported his idea of a new translation of the work of Bill Wilson. In order to prepare it, the accused asked that the plaintiff should publish three different translations of the original English text. The readers should then reply and give their view about the quality of the translations. Shortly after the accused did send a computer diskette to the plaintiff on which the English and three different German versions according to enclosure K2 were stored. The plaintiff printed the file which was stored on the disk and distributed those pages to selected Members of the Incorporation and other anonymous alcoholics in a limited number. According to the reaction of the addressed people the plaintiff informed the accused that he lacked interest in further distribution of the text. All who hold themselves to the anonymous alcoholics shall work with the same text [version]. The disk was returned to the accused. The printing produced by the plaintiff from said disk is enclosed as piece of evidence K17a. |
Evidence for above facts offered by witness:
Maximiliane Kowalczuk, secretary in the office of the plaintiff, to be summoned trough the plaintiffs address.
Shortly after this refusal the accused published the booklet according to enclosure K2. A comparison of the both printings according to enclosure K2
-------------[page 18] ---------------- and enclosure K17a makes obvious, that is was made from the same disk. Evidence offered by witness of: expert's report The accused cannot deny that he has -- at least in part -- distributed mailings of the BBSG, which contained booklets as specified in enclosure K" among others papers. As piece of evidence the plaintiff encloses the copy of an envelope, which carries the sender address of the BBSG. The envelope is addressed to the plaintiff. This address is handwritten. It is the handwriting of the accused. [not true] Evidence offered by witness of:
expert's report The envelope contained also a copy of the booklet as specified in enclosure K2.
Evidence offered by witness:
Maximiliane Kowalczuk, already nominated as witness About 10 copies of the booklet as specified in enclosure K3 were sent to the office of the plaintiff by the accused in July 1996. Some days later the accused phoned personally and asked the Munich office if his mailing was received. This was confirmed.
Evidence offered by witness of:
Maximiliane Kowalczuk, already nominated as witness -------------[page 19] ---------------- | d) Moreover the accused advertises the book according to enclosure K1 in his recent catalogue (see enclosure K15). The advertisement is found on page 16. As address where to order the book is -- once again -- the P.O.Box address of the BBSG in Bad Homburg is listed there. On that occasion we point out, that the BBSG group meanwhile also produces and distributes the work of Bill Wilson in Swedish, Finnish, Russian and Hebrew language - of course without permission of the authorities in charge. |
| 7. The plaintiff has -- towards the attorney of state at the Supreme Court of the State in Frankfurt/Main -- denunciated the accused and additional persons as well to be criminals because of copyright infringements and other unlawful activities. The investigation runs under registration number 92 Js 12913.1/97. [and was rejected by the General Attorney of State] |
Evidence offered by witness of :
The court should ask for the documentation of the criminal law suit. -------------[page 20] ----------------
| II. |
Concerning laws to apply to this case the plaintiff declares:
| 1. The plaintiff has a right for injunction /restraining order against the accused according to § 97 Abs.1 i.V.m. § 31 Abs.l, 3 UrhG [German copyright law]: | | a) By production and distribution of the book/-lets "Das Blaue Buch", "A-A-ktuell 11/95" as well as "A-A-ktuell 7/96" the accused infringes the exclusive copyright of the plaintiff on these works in a unlawful manner. The copyright owner of the original works in all three cases is according to the copyright notice ALCOHOLICS ANONYMOUS WORLD SERVICES INC. Insofar the assumption of paragraph §10 UrhG applies [that any claimed copyright is considered to be valid unless the opposite is made evident]. | | b) The plaintiff has printed the text from Bill Wilson in his book "Anonymous Alcoholics" on pages 1 through 192 as a German translation. The right to use the English original text was granted to the plaintiff by the ALCOHOLICS ANONYMOUS WORLD SERVICES INC. (AAWS). This is confirmed by the license contract between the plaintiff and AAWS of August 26, 1996 (see enclosure K8). The permission included the exclusive right to translate the text into German language, the exclusive right to distribute it and the exclusive right to make anyone else comply with these rights by means of legal action according to the copyright laws. |
-------------[page 21] ---------------- | c) The life story of Bill Wilson is still protected by copyrights in Germany. The author Bill Wilson died in 1971. The protection says in force for a time span of 50 years after his death. This is true independent of a valid or invalid copyright in the United States and is claimed on behalf of the bilateral agreement between USA and Germany of January 15, 1892 about the protection of copyrights. On works which were created before the worldwide copyright agreement of July 10, 1974 came into force are included to the 50 year lasting protection according to US laws because of the principle of loyalty and confidence. (see details in: Schricker/Katzenberger, Copyrights, §§ 120ff., Rn. 35). This question has been already repeatedly been decided by German courts in the way we see it. (see BGH GRUR 1978/S.302 ff. - "Wolfsblut" as well as BGHZ 70/S. 268 ff. - "Buster Keaton-Films"). |
The distribution of the draft version of the text in German language in the pocket edition and in the newsletter magazine A-A-ktuell 1/95 infringes therefore the exclusive rights of the plaintiff. This is true despite of the mentioned differences in the wording compared to the prior text version of the plaintiff. This is so, because the differences show up in single idioms or phrases, which were later changed by the author for the already explained reasons. To this result leads a comparison of the two English text versions and of the German versions as well without any doubt. Such comparison proofs furthermore, that the accused has not made his own German
-------------[page 22] ---------------- translation, but has taken over widely the translation of the AA Incorporation. How different translations usually become if made independently is especially shown by the obvious example in newsletter 11/95, enclosed as K2, which contains three different translations of the first chapter. d) Also production and distribution of the newsletter magazines as specified in K2 and K3 by the accused infringes the exclusive rights of the plaintiff, granted to him by AAWS. In the case of the pamphlet with the picture stories the law situation is even more clear: They bear a copyright notice and this causes the assumption that they are copyright protected in the US. If this is the case, then these works have a copyright which is still in force even in the US, because these works have been created within the said time of 50 years after the death of the author. [This accurately reflects the language of the German accusation. Please re-read the last sentence for enlightenment!] After all the works arose after 1950, so the term of protection cannot have lapsed in no way. | 2. The plaintiff furthermore has a right against the accused to get full information according to § 101a UrhG: Because of the infringements by the accused the plaintiff can claim information about origin and distribution channels of the booklets. He can insist that the accused denunciates the producer, the shipper and any people who owned such copies of the copyrighted matters. The plaintiff can furthermore claim |
-------------[page 23] ---------------- information about the number of the distributed or received booklets.
| 3. The plaintiff has at least a right against the accused, secured by paragraph § 98 Abs. 1 UrhG [German copyright law], that the all and every copy in possession of the accused be infinitely destroyed of the book "Das Blaue Buch", and of [the booklets] "A-A-ktuell 11/95", whereas the text of Bill Wilson is in entirely or partly in it, and of the booklet "A-A-ktuell 7/96", whereas the comic strip stories "Zu jung?" [Too young??] and "Was mit Anja geschah ..." [What happened to Alice...] are in it. As shown above, these copies were produced and distributed under unlawful circumstances, namely infringement of copyrights. |
| III. |
In this law suit attorneys Dr. Roth and fellows from Munich do participate.
| IV. A down payment of DM 5.265,-- [about $3010.00] is enclosed as a check, signed by attorney Frieder Roth from Munich, and to be forwarded to the court's accountant. We warrant the payment of this check and ask the court to set a day for the trial immediately and not to wait until the money fro the check is collected. |
[signed]
Dr. Werner Mueller |
