FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
in re Tenen v. Winter
Order signed by Plaintiffs and Defendant on July 24, 1998
Order signed by USDJ Charles J. Siragusa on September 9, 1998
Order filed with US District Court, Western District of New York at Rochester on September 11, 1998
Below is reproduced the exact text of the Findings of Fact, Conclusions of Law, and Order of July 24, 1998, as modified by a subsequent Order of Judge Siragusa with regard to Raymond Flowers signed on 27 February 2001. Locations of signatures of Plaintiffs, Defendant, and Judge Siragusa are indicated. A graphic reproduction of the actual signature pages is available via a link at the end of this file.
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK AT ROCHESTER
STANLEY N. TENEN and CYNTHIA TENEN,
husband and wife; and MERU FOUNDATION, )
a California non-profit corporation, ) NO. #6:94CV7934
DANIEL WINTER, individually and d/b/a )
DANIELWINTER AND FRIENDS and d/b/a )
CRYSTAL HILL INSTITUTE, )
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
THIS MATTER having been scheduled for bench trial before the undersigned judge on July 27, 1998, for adjudication of the Complaint for Copyright Infringement and Disparagement filed herein by the plaintiffs and the Answer With Affirmative Defenses And Counterclaim filed herein by the defendant; and the plaintiffs appearing personally by their attorney, Brian J. Coyne, and the defendant appearing pro se, and the court having received and admitted certain documents and deposition testimony into evidence pursuant to the stipulation of the parties, now, therefore, the court enters the following
FINDINGS OF FACT
1. Meru Foundation is a California non-profit corporation, with offices at 44 Pole Plain Road, Sharon, Massachusetts. Stanley N. Tenen and Cynthia Tenen are husband and wife and currently reside at the same address in Sharon, Massachusetts. Stanley N. Tenen is Research Director of Meru Foundation; Cynthia Tenen is also an employee of Meru Foundation. Prior to this action, Stanley N. Tenen and Cynthia Tenen were residents of the Northern District of California; during the pendency of this action they moved to their current residence in Massachusetts.
2. The defendant was born and raised in this judicial district, and has resided here for most of his life until May 1995 when he moved to Waynesville, North Carolina. He is currently a resident of North Carolina.
3. In March 1994, the plaintiffs filed a Summons and Complaint for Copyright Infringement and Disparagement in the United States District Court for the Western District of Washington at Tacoma under cause number C94-5090B, and the defendant, who then resided at Eden, New York, was personally served with the same within the Western District of New York.
4. The defendant, by his then legal counsel, Michael Blue, moved the court in the Western District of Washington for change of venue to this judicial district, and that court ordered venue transferred to this district. Initially, this matter was assigned to Hon. William M. Skretny, USDJ., in the Western District of New York at Buffalo under cause number C94-934S, and was thereafter transferred to the above-named court in Rochester.
5. Stanley N. Tenen received a Bachelor of Science degree in physics from the Polytechnic University of New York in Brooklyn; his undergraduate minor was in mathematics. From 1963 to 1968 he worked as a physicist and engineer at Sylvania Corporation, Block Engineering, and Raytheon Corporation. From 1968 to the present, Stanley N. Tenen has been engaged in research on the traditional philosophical basis of geometric metaphor, including sacred alphabets. He, together with other interested persons, created Meru Foundation in 1983 to support original research regarding the philosophical and historical origins of the Hebrew alphabet and other sacred alphabets, geometric metaphor, autocorrelation patterns of the Hebrew letters of Genesis, and the religious and philosophical implications thereof, if any. Meru Foundation has qualified as a tax exempt educational foundation pursuant to 26 U.S.C. Section 501(c )(3).
6. Stanley N. Tenen created the following original works, which
were registered in his name by the U.S. Copyright Office:
|Title||Nature of Work||US Copyright Registration No.||Registration Date|
|A Short Course in Time||Monograph||Txu35-092||Dec. 26, 1979|
|A Short Course in Time||Monograph (revised)||Txu72-910||April 24, 1981|
|A Short Course in Time||Monograph (2nd rev.)||Txu141-436||Oct. 4, 1983|
|Geometric Metaphors of Life||Video recorded lecture||PA467-566||Mar. 7, 1990|
|Module of Menorah||Modular Sculpture||VAu301-939||June 27, 1994|
|A Matrix of Meaning for Sacred Alphabets||Video recorded lecture||PA557-242||Jan. 27, 1992|
|Hand, Finger width (Left & Right)||Sculpture||VA487-381||Jan. 27, 1992|
|The Ideal Hand (Left & Right)||Sculpture||VA220-965||Jan. 27, 1992|
|The Light in the Meeting Tent||Monograph||Txu515-998||Jan. 27, 1992|
7. Daniel Winter received a Bachelor of Arts degree in psychology from the University of Detroit. He discontinued graduate school at the University of Detroit after less than one semester, has had no other graduate school training, and holds no graduate school or professional degrees from any college or university. Mr. Winter holds no technical or medical degrees or academic credentials. While residing in a farm house at Eden, New York, between 1986 and May 1995, he did business as Daniel Winter And Friends and as Crystal Hill Farm (as well as other names); thereafter, he moved to Waynesville, North Carolina, where he did business as Circle of Life Health Center, Crystal Hill Multi-Media, San Graal School, and San Graal Educational Foundation, Inc.. His business included creating, advertising, distributing, and selling various works in his own name in print, computer and video media on a variety of topics. Topics treated in his works included, among others, his personal ideas on sacred geometry and sacred alphabets, the "wave nature of geometry and emotion," the "psychodynamics of ecstasy," and the "relationship of emotional coherence to the programming of the immune system," all copiously illustrated by his own computer graphics. These works included the following titles: Planet Heartworks -- A New Synthesis (book); Alphabet of the Heart (book); Sacred Geometry --The Unified Field (video tape); The Language of Geometry Animated (CD-ROM). After moving to Waynesville, North Carolina, he created a new version of Alphabet of the Heart with the assistance of his publisher, Vincent Bridges, of Aethyrea, Ltd. While there, he created The Sacred Geometry CD (CD-ROM) and Raymond Flowers, doing business as San Graal Bookstore, advertised, distributed and sold his works.
8. In September 1987, the defendant contacted Meru Foundation and expressed his interest in their research efforts. He visited their offices in California and sought information regarding their research. He expressed his desire to help them obtain funding for their work. Stanley N. Tenen provided to the defendant a copy of a preliminary draft of The Light in the Meeting Tent bearing on its front cover the legend: "Preliminary/Pre-Publication Confidential." This, together with copies of other unpublished research documents of Meru Foundation, he gave to the defendant on the express condition that dissemination of the research findings reported in those documents would only occur in coordination with the plaintiffs and on an item-by-item basis. The research findings reported in these documents included description of the design of philosophically meaningful three-dimensional vortex sculptures that were conceived by Stanley N. Tenen, referred to therein as "flame letter" vortices, and depicted in various spatial orientations usually within a tetrahedral frame. The orientations of the "flame letter" vortex were chosen by Stanley N. Tenen to demonstrate that his philosophically designed "flame letter" vortex sculptures have the property that, depending upon the spatial orientation of the vortex, it can be made to resemble each of the letters of the Hebrew (Greek and Arabic) alphabet; that is, depending on the spatial orientation, the three-dimensional "flame letter" vortex casts "shadowgrams" or two-dimensional projections that resemble Hebrew (Greek and Arabic) letter forms. The same "flame letter" vortex depicted in these documents he modeled by metal sculptures, which he thereafter registered with the U.S. Copyright Office under the titles The Ideal Hand (Left & Right), Registration Number VAu220-965, and Hand, Finger Width (Left & Right), U.S. Copyright Registration Number VA487-381.
9. In early 1988, the defendant submitted written questions to Meru Foundation about the "flame letter" sculpture. At the defendant's request, Stanley N. Tenen stood before a video camera, demonstrated his "flame letter" sculptures on camera in a variety of spatial orientations, and responded to the defendant's questions read aloud to him by a person off camera. Soon thereafter, Meru Foundation sent a copy of the video tape so recorded to the defendant. At about the same time, a copy of the same video tape was also sent to Richard Hoagland who so identified it in his sworn deposition taken at the instance of the plaintiffs in this action.
10. In early 1988, without the plaintiffs' knowledge or permission, the defendant copied into his Planet Heartworks -- A New Synthesis at pages 132 through 134, and 136 through 143, the entire pages 2, 3, 4, 5, 6, 7, 8, 9, 11, and 12 of the plaintiffs' The Light in the Meeting Tent. The same monograph also contained unauthorized copies of various pages from Torus, a journal published by Meru Foundation.
11. By letter of April 24, 1989, from attorney Kenneth R. Allen of the law offices of Townsend and Townsend, the plaintiffs demanded that the defendant cease and desist all use of the term "Meru" in connection with his work, omit from all his materials any reference to Meru or Mr. Tenen; cease and desist use of copyrighted materials obtained from Meru Foundation, from Mr. Tenen, or from other authorized Meru officials; cease and desist any further breach of an agreement with Meru Foundation regarding use of proprietary material; return to the Meru Foundation all proprietary materials and copyrighted materials of the Meru Foundation in his possession; and provide to Townsend and Townsend a list of individuals and organizations he contacted with any representation whatsoever referencing the Meru Foundation or Mr. Tenen. Exhibit 6 annexed to the verified Complaint.
12. The defendant did not cease distributing the materials supplied to him by the plaintiffs. Instead, in early 1991, and in the presence of his house guest, Richard Leviton, he proceeded to model the "flame letter" vortex on his Macintosh computer using Aldus Super 3D computer graphics software. Deposition Transcript of Richard Leviton. In the succeeding months and years, he incorporated the computer graphical images so obtained into his Alphabet of the Heart, and following this, into his CD-ROM, The Language of Geometry Animated, wherein he also included working copies of Aldus Super 3D computer graphics software, copyright to Michael Martin, after being refused permission by Mr. Martin to do so. The defendant also reproduced his same computer graphics model of the "flame letter" vortex on his Website on the Internet and, together with Raymond Flowers, also posted it on the San Graal Website. The defendant's website also encouraged others to reproduce his computer graphics model of the "flame letter" vortex.
13. By letter of October 24, 1991, the defendant reassured the plaintiffs that he would "cease sharing the material related to the original alphabet both video and written, for the time necessary to resolve the issues between Stan and myself;" Exhibit 8 annexed to the verified Complaint . The defendant also telephoned Stanley N. Tenen on October 24, 1991, and agreed to "cease distributing printed material or videotapes as of today, until we settle this issue," and further agreed that, if he gives lectures, he will not lecture on this material. The defendant and Mr. Tenen further agreed to jointly write a cover letter to be attached to all future material that the defendant distributes acknowledging that all material on alphabets and Genesis was originated by Meru Foundation. Thereafter, by letter of November 4, 1991, to the defendant, Mr. Tenen reaffirmed his offer to write such a cover letter; Exhibit 10 annexed to verified Complaint. Contrary to his agreement to cease lecturing with these materials, the defendant continued to present these materials to lecture audiences throughout the United States and in foreign countries.
14. The defendant represented to his readers and to his audiences that the way to model the "flame letter" vortex by computer graphics is to project a Golden Mean spiral onto a torus, and that is the only way to do it. That was misleading because there are actually many ways to model the "flame letter" vortex on a computer; it is not necessary to use a Golden Mean spiral. Thus, the Golden Mean spiral is a false, technically discrediting, and irrelevant overspecification in this context. Furthermore, there is no mathematical basis for limiting the number of turns of a Golden mean spiral (which winds an infinite number of turns around an origin point) to just the one the one-half turns that appear in the "flame letter " vortex. Still further, no mathematical reason or requirement exists for choosing to depict the "flame letter" vortex, as the plaintiffs do in their above-listed works, within a tetrahedral frame. It is a purely aesthetic choice.
15. The copyrights for the works of Stanley N. Tenen listed in Finding Number 6 are valid, and they are enforceable against the defendant. The "flame letter" vortex is an original, artistic creation of Stanley N. Tenen; his copyright sculptures listed in Finding Number 6 are not merely non-copyrightable, mathematical objects as the defendant contended in his affirmative defenses. The laches, "fair use," and other affirmative defenses of the defendant fail for lack of substantial evidence to support them. The defendant has agreed to honor said copyrights in the future.
16. The defendant has infringed the copyrights of the plaintiffs as follows:
a) copying of substantial portions of The Light in the Meeting Tent into his book entitled Planet Heartworks -- A New Synthesis;, and by distributing and publishing the same; and
b) creating a computer graphics copy of the
plaintiffs' copyright sculpture renditions of their "flame letter"
vortex, i.e., the plaintiffs' sculptures listed in Finding of Fact
Number 6, which constitutes an unauthorized derivative work based
on said sculptures and based on the two-dimensional views thereof depicted
within tetrahedral frames in the plaintiffs' Light in the Meeting Tent,
and by distributing and publishing the same in a variety of media, including,
in the following works:
(1) Alphabet of the Heart;
(2) Sacred Geometry -- The Unified Field;
(3) The Interconnectedness of All things;
(6) Physics of Consciousness ;
(7) Feeling for Language, Anglish, Symmetry & Oneness (Parts 1 and 2);
(8) The Language of Geometry Animated;
(9) The Sacred Geometry CD;
(10) reproductions of the "flame letter" on his website and on the website of San Graal; and
(11) by publicly displaying his computer graphics version of the "flame letter" vortex in his lectures, workshops, and advertisements.
These copyright infringements were willful and malicious. The infringements were willful in that they were done knowingly and intentionally, and despite the continuous and strenuous objections of the plaintiffs. The defendant stated that he considers copyrights to be "childish" and that all information should be "shared." The infringements were malicious in that they were done, and continued to be done, even after the plaintiffs informed the defendant that his behavior was damaging them in the following ways:
(1) it was usurping their exclusive right under copyright law to choose the time and manner of first publication of their copyright works (before publishing their results, they wanted review and comment from scholars in Judaism, mathematics and other academic disciplines);
(2) it was confusing members of the public as to who was the originator of the "flame letter" vortex (see, for example, deposition of Richard Hoagland regarding members of his lecture audiences confusing the published works of Daniel Winter with the work of Stanley N. Tenen);
(3) it was misrepresenting the nature of the work by misleading people to think that it had some strong or necessary link to the Golden Mean spiral;
(4) it was combined and published with other materials created by the defendant that the plaintiffs considered to be pseudoscience and with which they did not want their names and reputations associated, which jeopardized the plaintiffs' ability to be treated as serious scholars;. and
(5) it was interfering with the plaintiffs' ability to obtain research funding.
Inasmuch as The Alphabet of the Heart includes materials that were not originated by the defendant and were used without permission, it is false and misleading for the defendant to claim to be the author of that work.
17. Through his various public statements in print and electronic media, the defendant disparaged the plaintiffs and their work in at least the following ways:
(a) by falsely claiming that Stanley
Tenen is a "Hibiru priest "and refuses to share the "flame letter" vortex;
(b) by falsely claiming that the plaintiffs contend they own the shapes of the letters of the Hebrew alphabet even after they protested that they made no such claim;
(c) by falsely claiming that Stanley N. Tenen was incapable of modeling the "flame letter" vortex by computer graphics; and
(d) by falsely claiming that the only way to model the "flame letter" vortex is by projecting a Golden Mean spiral onto a torus.
18. The parties have stipulated that the court may receive and review the following documents in support of the foregoing Findings of Fact:
(a) The copyright registration certificates listed in Finding of Fact 6;
(b) Deposition of Richard Leviton plaintiffs'
Exhibit 109, specifically:
page 11 lines 13 - 26
page 12 lines 1 - 26
page 13 lines 1 - 24
page 14 lines 12 - 26
page 26 lines 3 - 26
page 27 lines 1 - 27
page 28 lines 1 - 21
page 30 lines 10 - 24
page 32 lines 5 - 26
page 33 lines 1 -16
page 34 lines 1 - 13
page 35 lines 4 - 14
page 38 lines 19 - 26
page 39 lines 1 - 10
page 46 lines 23 - 26
page 47 lines 1 - 26
page 14 lines 1 - 19
page 50 lines 1 - 26
page 51 lines 1 - 4
page 51 lines 24 - 26
page 52 lines 1 - 25
(c) Deposition of Honora Finkelstein, specifically
page 10 lines 7 - 24
page 11 lines 1 - 14
(d) Deposition of Susan Smily, specifically
page 27 lines 19 - 24
page 28 lines 1 - 21
(e) Deposition of Daniel Winter, 24 October 1995,
pages 11 - 12
pages 15 - 20
page 23 lines 23 - 25
page 24 line 1
page 53 lines 8 - 11
page 54 lines 15 - 25
page 55 lines 1 - 9
(b) Deposition of Richard Hoagland, specifically
page 62 lines 15 - 25
page 66 lines 1 - 5
(c) The Light in the Meeting Tent;
(d) The Alphabet of the Heart;
(e) Each of the exhibits mentioned in the foregoing Findings of Fact that are attached to the verified Complaint; and
(f) Deposition of James Fournier, specifically:
page 30 lines 15 - 26
page 31 lines 1 - 26
page 32 lines 1 - 14.
(g) Plaintiffs' Exhibit #132
(h) Plaintiffs' Exhibit #66
(i) Plaintiffs' Exhibit #67
CONCLUSIONS OF LAW
1. This court has jurisdiction over the parties and the subject matter.
2. The plaintiffs' copyrights listed in Finding of Fact Number 6 are valid.
3. The plaintiffs' copyrights listed in Finding of Fact Number 6 are enforceable against the defendant, his employees and agents, and persons in privity with him.
4. The plaintiffs' copyrights listed in Finding of Fact Number 6 are infringed by works of the defendant listed in Finding of Fact Number 8.
5. The affirmative defenses of the defendant are invalid.
6. The Counterclaim of the defendant should be dismissed with prejudice.
Based on the foregoing Findings of Fact and Conclusions of Law, and pursuant to an agreement of the parties reached while the defendant was represented, for settlement purpose only, by an attorney licensed for, and admitted to practice in this judicial district, the court enters the following :
IT IS ORDERED, ADJUDGED AND DECREED that the defendant, as well as each of his employees and agents, whether he does business as Daniel Winter And Friends or Crystal Hill Farm or San Graal School or under any other name, and each person in privity with him, if any, is permanently enjoined from engaging in any of the following activities:
1. making, advertising, giving away, selling or publicly displaying any writing or visual presentation that contains or includes any copy or representation of any copyrightable written expression of the plaintiffs, whether text or image, that appears in any of the copyright works of the plaintiffs, including any writing that depicts either of the plaintiffs' copyright sculptures entitled The Ideal Hand (Left & Right ), U.S. copyright registration number VAu220-965, and Hand, Finger Width (Left & Right), U.S. copyright registration number VA487-381, or depicts any two-dimensional or three-dimensional image derived from, based upon, or that appears substantially similar to either sculpture or to the examples attached hereto as Exhibits A - K, whether or not used to project any alphabet letter form, whether or not created by computer computations or by any other method, and whether or not labeled or referred to as a "flame letter" vortex or by any other name or label [hereinafter referred to as "the original materials"];
2. making copies of, advertising, giving away, or selling any of the works of the defendant that this court has found infringe the copyrighted works of the plaintiffs;
3. making any affirmative oral or written representation that he is the author of The Alphabet of the Heart, or condoning others in doing so; but, he may respond truthfully to inquiries so long as he provides the Corrective Notice to written inquiries and offers to provide it to all written inquiries, exclusively.
4. making any oral or written representation to any person or entity that he is or ever was a colleague or associate of Meru Foundation or of Stanley N. Tenen, or that he participated in or assisted them in any of their research efforts;
5. making any oral or written representation that could mislead or be misconstrued to any person or entity that his work or writings have been reviewed, or in any way validated, by Meru Foundation or any member of the Advisory Board of Meru Foundation, and from quoting from, distributing, or publishing any correspondence with any of them, or from representing that he is in any way associated with Meru Foundation or with them, without first obtaining the express written permission of said Advisory Board member(s) or of their estates (a partial listing is attached as Exhibit L); and
6. making or publishing any oral or written disparaging or unsubstantiated statement, or any statement inconsistent with these findings of fact, to any person or entity about the quality, originality, competence, motives or religious status of the plaintiffs or about their published or unpublished works.
For purposes of this Order, the term "writing" means any bound or unbound book, monograph, magazine, "CAT-A-zine," catalogue, or other printed matter; any video-tape, CD-ROM, motion picture, photograph, or photocopy; any Internet, World Wide Web, computer E-mail or computer bulletin board posting; and any sculpture or three-dimensional model. The term "writing" includes, but is not limited to, Alphabet of the Heart (book); Sacred Geometry -- The Unified Field (video-tape); The Interconnectedness of All Things (video-tape); Physics of Consciousness (video-tape); Feeling for Language, Anglish, Symmetry & Oneness (Parts 1 and 2) (video-tape); Flowforms and Living Water (video-tape); Starseed and the Sun Dance (video-tape); Animated Chakras, Braided Geometry in the Aura (video-tape); all video-tapes containing the "flame-letter" vortex and derivatives that the defendant has created since the commencement of this action; and all CD-ROMs, containing the "flame letter" vortex and derivatives directly or indirectly created by the defendant, including The Language of Geometry Animated and The Sacred Geometry CD. Examples of depictions of the "flame letter" vortex that the defendant is enjoined from copying, advertising, distributing, giving away, publicly displaying or selling are appended hereto as Exhibits A, through K, inclusive, which by this reference are incorporated into this Order. The scope of images that the defendant is enjoined from copying, advertising, distributing, giving away, publicly displaying or selling includes letter forms derived from, based upon, or projections from a "flame letter" vortex, including recursive and fractal configurations thereof, regardless to which alphabet the letter forms belong, and regardless of whether they may be part of the Roman, English, Greek, Hebrew or Arabic alphabet, or any other alphabet; but said scope also includes all two-dimensional views thereof, including all such views that do not resemble letter forms of any alphabet.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the defendant shall send to each person and entity on his E-mail mailing list and on his surface mail mailing list, and shall post on his Internet Website for a period of twelve (12) years, the following notice, in 10-point type, boxed, as formatted below:
Stanley N. Tenen, Research director of Meru Foundation, a California non-profit foundation, is the creator of original "flame letter' sculptures. Mr. Tenen owns the copyrights on these sculptures, which he has licensed to Meru Foundation.
I am not now, and never have been, an associate or colleague of Meru
Foundation or Mr. Tenen. I acknowledge Mr. Tenen's copyrights
as valid and enforceable.
There are many ways to model Mr. Tenen's "flame letter" sculpture on a personal computer by a spiral strip or a line that will cast letter-form shadows. One need not use a Golden Mean spiral to do it. Thus, the Golden Mean spiral is an irrelevant overspecification for creating Hebrew, Arabic, Roman, Greek, and English (or any other) letter-forms.
Mr. Tenen's legally required notifications of my violations of his copyrights were not harassment and I refute and apologize for having made that false claim and for my other personal and technical untruths, personal disparagements, and anti-Semitic characterizations.
I refute my misstatements and apologize for all of this, and I request that others now pass on, post, and report this Corrective Notice everywhere that false reports have appeared.
For further information, contact:
P.O. Box 503
Sharon, MA 02067
I want to be clear: I have posted this Corrective Notice because I believe it to be the complete and simple truth. I request that my friends support my efforts to end these matters by scrupulously honoring and defending Mr. Tenen's and Meru Foundation's copyrights and good reputation. Do not pass on and please do not make any further copies or derivations of the "flame letter" vortex and alphabet forms or their derivatives.
This Corrective Notice shall remain posted prominently and directly on the Home Page of the defendant's Internet website, and on whatever website pages have advertised the infringing materials, including those on the websites maintained by Raymond Flowers, for a period of twelve (12) years, or for so long as the defendant or his agents maintain any website. The plaintiff may create and maintain a website displaying the above-recited Corrective Notice. If it comes to the attention of the defendant that any person or entity, without the express permission of the plaintiffs, is advertising, copying, distributing, giving away, or selling the enjoined materials, he shall promptly state in writing that he supports the plaintiffs' copyrights and request in writing that person or entity to cease and desist immediately, and provide a copy of the Findings of Fact, Conclusions of Law, and Order; if the person or entity does not comply within 10 days, he shall immediately post this written request to that person or entity on his website.
Although it shall be the duty of the defendant to send the corrective notice to his entire email and surface mail mailing list, in order to expedite the surface mailing the plaintiffs may assist in the surface mailing as requested, and have agreed to pay the costs therefor in view of defendant's apparent limited means.
The corrective notice shall appear without comment, in every place and medium that the offensive materials appeared previously, and in response to all inquiries. The defendant shall post on the top of the home page of the website belonging to San Graal Bookstore and Crystal Hill Multimedia, or make written demand on Ray Flowers to do so, a link labeled: "Corrective Notice: Read This First", which link, when activated, accesses The Corrective Notice elsewhere on the San Graal website.
The defendant shall also send, by certified mail, return receipt requested to the Plaintiffs' business address (postal box address listed above), a copy of the Findings of Fact, Conclusions of Law, this Order, and the Stipulation and Judgment of even date to each of the parties and entities named in Exhibit M. The parties shall not publish the Findings, Conclusions, or Order nor post the same on the Internet, but these files shall be available to individuals and entities upon request, and shall be provided to the defendant's business associates, sponsors, and advisors as listed on the attached Exhibit M.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the defendant shall deliver over to the plaintiffs the entire inventory, wherever located, of each of the following works, and provide to them a sworn, written accounting as to all editions of each:
a) The Alphabet of the Heart
b) Sacred Geometry - The Unified Field
c) The Physics of Consciousness
d) The Interconnectedness of All Things
e) Feeling for Language ,Anglish, Symmetry & Oneness (parts 1 and 2)
f) The In-Phi-Knit Grail
g) The Sacred Geometry CD
h) Animated Geometry: The Language of Light (CD-ROM)
i) The Sacred Geometry of Love
said accounting to include:
1) names and addresses of manufacturers and publishers;
2) receipts for manufacture, printing, packaging, and publishing, as available;
3) number of each still in inventory;
4) location of inventory of each;
5) numbers distributed, by any means;
and defendant shall provide permission to obtain receipts from manufacturers and publishers.
IT IS ALSO ORDERED, ADJUDGED, AND DECREED that the counterclaim of the defendant is hereby dismissed with prejudice.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the defendant shall pay the plaintiffs immediately TEN THOUSAND AND 00/100 DOLLARS ($10,000.00) and that the plaintiffs shall have a judgment for SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00), payment of which shall be secured by the defendant's forthwith executing a UCC-1 form pledging certain computer and video equipment in his possession as listed on the attached Exhibit N, and the terms of payment of the judgment shall be as follows:
(a) the judgment shall accrue postjudgment interest at the rate of six percent (6%) per annum; provided that postjudgment interest shall accrue at the rate of twelve percent (12%) per annum if the defendant shall fail to conform in any material way with the terms of this Order and shall fail to cure such failure within fourteen (14) calendar days;
(b) the defendant shall make installment payments of no less than ONE THOUSAND SEVEN HUNDRED FIFTY AND 00/100 DOLLARS ($1,750.00) per calendar quarter so long as his adjusted gross income as shown on his most recent federal income tax return does not exceed $40,000, but such minimum payments shall be increased pro rata when said income tax return shows his adjusted gross income exceeded $40,000.00, and the amount of the supplementary quarterly payment shall be calculated as TEN PERCENT (10%) of the excess of his adjusted gross income over $40,000.00, pro rata over the calendar year;
(c) all payments shall be credited first to interest and the remainder to the unpaid balance;
(d) installment payments shall be due on April 1, July 1, October 1, and January 1, provided that the first payment due by April 15, 1999, shall be no less than THIRTY-FIVE HUNDRED DOLLARS ($3,500.00);
(e) until the judgment is paid in full, the defendant shall provide to the plaintiffs no later than May 1 of each year a true, legible and complete copy of his most recent federal income tax return; provided that for any year in which he is not legally required to file a federal income tax return he shall nevertheless provide to the plaintiffs, under oath, the written equivalent showing his gross income from all sources, income exclusions, adjusted gross income, and business expenses in no less detail than would be required on an individual U.S. federal income tax return;
(f) until the judgment is paid in full, the defendant shall maintain business records for all his business activities, and, for each person and entity who pays him money on an independent contractor basis in any calendar year, he shall provide to the plaintiffs a true, complete and legible IRS Form 1099 reciting the total amount of the payments as required by the Internal Revenue Code and Regulations.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this court shall retain jurisdiction of the parties and the subject matter for the limited purpose of enforcement of this Order and without prejudice to the right of the plaintiffs to seek execution on the judgment in any court of competent jurisdiction.
DATED this _[9th]___ day of _____[September]____________, 1998.
CHARLES J. SIRAGUSA
UNITED STATES DISTRICT JUDGE
MILES WAY COYNE, PLLC
Brian J. Coyne, attorney for plaintiffs
Findings of Fact, Conclusions of Law, and Order approved for entry by:
DANIEL WINTER, defendant
State of North Carolina )
County of __[Buncombe]________)
SUBSCRIBED AND SWORN TO before me this __[24th]__ day of July, 1998, by DANIEL WINTER, to me personally known, as his own act and deed for the uses and purposes mentioned in the foregoing Findings of Fact, Conclusions of Law, and Order.
NOTARY PUBLIC in and for the state of North Carolina,
residing at _____[Notary's Address]______________________________.
My commission expires : _____[09-29-2002]_______________________.
To view a graphic reproduction of the three signature
pages, click here:
Charles J. Siragusa, USDJ
Brian J. Coyne, Esq., for the Plaintiffs
Daniel E. Winter and North Carolina Notary
View the Exhibits
Which are Part of this Order