The Book Cover and the Book Content


I appreciate Nick's analysis of my post dealing with Eckankar's
concern with Dave Rife posting the 1983 book cover of The Making of a
Spiritual Movement: The Untold Story of Paul Twitchell and
Eckankar on his website or, as it stands today, making a link to it
on his home page.

Very simply, let me restate in a nutshell what has transpired:

A) The contents of The Making of a Spiritual Movement have been
continually republished and circulated since 1978. There has never
been a time in which the contents were out of circulation. Quite to
the contrary, there have been numberable editions of it (some printings
at 1000 copies; some printings less).

B) The legal agreement that I signed with Eckankar states that I
will not use their "Ek" symbol, as it was displayed on the 1983
edition, on future covers.

C) "I" (and that "I" should be highlighted) have never used the
symbol again, despite whatever questions, hesitations, or legal
doubts I may have. Nor has Del Mar Press or MSAC or any "official"
group which I have jurisdiction over utilized the disputed "Ek"
trademark.

D) I posted a number of chapters from the Making of a Spiritual
Movement on the Alt.religion.eckankar group a couple of years back,
I believe. I also have periodically re-posted certain sections.

E) Dave Rife compiled some of these and I also sent him via e-mail
some of the missing chapters.

F) I gave "permission" not only to Dave Rife to utilize these
materials, but I have always given "permission" to anyone anywhere
and at anytime to utilize them. I may have a copyright on the book
(which I do via the Library of Congress), but it is my strong
opinion that anybody should be allowed to copy, to xerox, to excerpt
any portion they wish. I only asked that the work be cited properly.

G) However, I have never given permission to anyone to utilize the
"1983" cover of the book. How could I? I don't even have a copy of
it myself.

H) Dave Rife and others know that I cannot "authorize" the use of
that said cover. It is entirely their responsibility to use it or
not use it.

I) Now because I have given permission to Dave Rife (and countless
others) to use the "contents" of the book does it then follow that I
can withdraw permission of those "contents" when they utilize the
1983 cover? The answer is, of course, no. Why? Because they are two
distinct matters and confusing the two is the job of sloppy lawyers.

J) There is nothing more complicated to the issue. This is not a
dispute between me and Eckankar over "trademarks." This is, rather,
a dispute between Eckankar and its former followers. 

L) I will never withdraw "permission" to utilize the contents of the
Making of a Spiritual Movement, as such, because it has been in the
public domain now for some 18 years. Anyone should feel most free to
copy or circulate it anyway they deem fit. I only ask that it be
properly cited, so that interested individuals will at least know
its genealogical history. Something I wish Twitchell would have done
many years ago.

M) Again, I appreciate Nick's commentary. But the issue for me is a
dead one in that I have lived-up to my end of the bargain. If
Eckankar wants to dispute that, if Eckankar wants to take this
matter to court, well so be it. I am very comfortable with my legal
position, so are my attorneys.

Finally, it should be remembered that I contacted Dave Rife after
Eckankar contacted me in order to "help" Eckankar out. I advised
Gary and Eckankar that they would be quite silly in suing Rife over
his home page use of the cover. Thus, in good faith I tried to see
if the matter could be resolved. Rife's position is quite clear on
this, from his previous postings. My only concern originally was to
save Rife the legal hassles.... and Eckankar some bad publicity and
further embarrassment.


But after my last conversation with Gary (representing Eckankar's
legal interests in this matter) it became clearer to me that
Eckankar's demands are not only disputable, but quite ridiculous.
Indeed, I am a bit tired of having to deal with a group with a
history of plagiarism over a trademark issue..... It seems as if the
blinders on reality are everywhere in Eckankar's legal team.... But
maybe it is not their fault..... The founder was the king of
copyright infringement.

Let us now see what Eckankar does. Personally, I think they should
lighten up.... especially when suing former members leaves such a
bad taste in my mouth.

I probably should add a note that people in Eckankar's camp seem to
always forget. Remember my friend and classmate, Jim Peebles, was an
"Eckist in good standing" when he wrote his "12" page term paper and
got sued for 1 million dollars for giving a "xerox" copy of it to Ed
Gruss at L.A. Baptist College.... That's what got the "fire" in my
belly about doing more research on Eckankar. Why did they go after
Peebles in the first place? Because I had cited a section from his
term paper in my term paper.... And since what I said was well
documented, they had to go after some young kid (he was 19, I think
at the time) because he relied on "Eckists" for his information
about Darwin Gross.... And we all know what happened to Gross.....

I must confess that I have always found that episode in Eckankar's
legal history a little bit more than disturbing.... I am amazed that
it doesn't piss more people off.....


Eckankar, again my advice is simple: Chant Hu, Don't Sue.....

Keep the legal "knife" out of Rife.

Or, isn't it "Gross", not subtle or causal, to spend thousands on
this issue when you could feed hundreds of hungry people in the USA?

Well, in any case, it should prove to be interesting.


written in appreciation of Nick's commentary
March 19, 1996


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