AA big book web site shut down by AAWS attorneyDeutscher Text photo copies / Fotokopien Letter by an nationally recognized historian, Alcoholics Anonymous archivist AOL Shuts Down Big Book Web Site - Alcoholism 8/18/99 German Court Orders A.A. Books Destroyed - Alcoholism
[name and address of involved AA member are blanked________ ] [editors notes in red: Second is a literal translation of a letter from download photpcopy of this letter roth_aol.pdf 150kB
20-AUG-99 FR 15:44 COMPUSERVE GMBH FAX NR. 08966571417 S.01 AOL, Stubbenbuk 3, 20459 Hamburg AOL Mr. Dear Mr. M______________ regarding our recent phone conversation I attach a commitment [editors note: not to publish the big book in part or in full, or else pay a considerable fine] to be signed by you. Fax it beforehand to [011-49-89-6657-1417] (Fax: 089-6657-1417) and --important-- send the original to We thank you for your understanding and would be glad, if you remain our customer in the future.
20-AUG-99 FR 16:18 COMPUSERVE GMBH FAX NR. 08966571417 S.01
Aug12,1999 237/99FR09 ar D2\D2918 AOLBertelsmann Online GmbH & Co. KG - Management - Millerntorplatz 1 20359 Hamburg
Beforehand via Fax: 040/361 59 333 (without attachments) Publication of a copyright protected work via
Dear ladies and gentlemen, we represent Anonymous Alcoholics Interest Society, Inc., Munich [AAeV, This is an incorporated legal body, counter part of AAWS]. Additionally, we are empowered by ALCOHOLICS ANONYMOUS WORLD SERVICES, INC. (abbreviated: AAWS, Inc.) in New York. This is a so-called membership corporation under U.S. Law. Our clients are a so-called service organization of the world-wide movement ALCOHOLICS ANONYMOUS, which will mean something to you. Our clients are owners of exclusive rights in the literary work "ALCOHOLICS ANONYMOUS", and its author is Bill Wilson [not true, the book was neither written by one single person, nor translated by one single person, both was done by a group of many AA members]. The work is copyright-protected in Germany [not true]. It is the standard textbook of the self-help alliance of anonymous alcoholics [sic], the Bible of that movement so to say. Accordingly, publication has reached meanwhile high numbers (over 40 million copies world-wide) The book was published in nearly all languages of the world [not true, 32 translations only, see GSC Final Report 1998, pg.18]. For our clients
20-AUG-99 FR 16:19 COMPUSERVE GMBH FAX NR. 08966571417 S.02 that book is of enormous importance for business [editors note: tremendous economical value] Considerable parts of financial resources, which are at the command of ALCOHOLICS ANONYMOUS for the good of alcoholic addicts, come from sales revenues. Legal rights have been apportioned, so that AAWS, Inc. is sole owner of copyrights [not true] in the original work (under U.S. law full assignment of copyrights is allowed), while the German incorporation was granted an exclusive license regarding the German edition of the work. The rights of our clients are continuously infringed by Mr. M_________ [not true, the free books are a group effort and violate no legal rights at all] during recent years. Mr. M_________ manufactures pirate copies [not true] of the text on his own in various languages and distributes them world-wide for free. Mr. M_________ acts unlawful and is guilty [not true, German law requests: as long as no valid and final court sentence was issued nobody must be blamed "unlawful and guilty"]. He knows, already since 1994 [not true, on the contrary at that time was discovered that AAWS has no valid copyright on the book world-wide, except in Canada, and even there it is doubted], that manufacturing and distribution of "ALCOHOLICS ANONYMOUS" violates German Copyright Law [not true, it is "public domain"]. At this time he asked AAWS, Inc. for permission to reprint [not true, the request was about stories] in Germany, this was refused. Our clients have not tolerated those unlawful infringements of rights by Mr. M____. 1. The County Court of Berlin has issued an interim order (AZ: 16. O 79/99) on Feb23, 1999 according to a request from AAWS, Inc. [as petitioner]. It requests, Mr. M______ is forbidden to copy and/or distribute the work. This injunction includes the German edition also. A copy of said interim order is attached. The respondent in this law suit is [book manufacturer] Elsnerdruck GmbH (besides, another subsidiary of Bertelsmann Group Ltd.) has meanwhile surrendered to this request and accepted it as being final.
20-AUG-99 FR 16:20 COMPUSERVE GMBH FAX NR. 08966571417 S.03 2. The County Court of Frankfurt has issued an court sentence (AZ: 2-03 O 478/97) on May14, 1999 in favor of the law suit filed by AAeV and requested Mr. M_______ to discontinue manufacturing and distribution of the work. Moreover Mr. M_____ was requested to denounce [editors note: other people] and to let go of all remaining copies [editors note: for entire destruction of those books]. A copy of the court sentence is attached. It is not yet in force. Mr. M_____ filed appeal.As our clients have discovered, Mr. M_____ does not limit himself to the distribution of printed copies. The full text of the book is available via Internet and can be found at URLs Everybody can download the text of the work to his computer. Besides this, people interested in the printed book are offered the possibility to order it and get it via post office mail free of charge. We attach excerpts of said Internet pages. The requests of my clients because of copyright infringement are also directed against you company as a provider
of net services. You must be seen as an interfering disturber, and therefore you are subject to claims from sides of my clients according to Article 97 German Copyright Act [ed. note: i.e. discontinue infringement]. Article 5 of German Teleservice Act does not contradict or block these requests. According to this article service provider are responsible for materials from a third party, if it is technically and otherwise fairly possible for them to block such use of the material. Article 5 paragraph 4 is still more explicit:
20-AUG-99 FR 16:22 COMPUSERVE GMBH FAX NR. 08966571417 S.05 to open an additional legal battle field. But according to experience in the past Mr. M____ unfortunately understands no other language.
With friendly regards signed Frieder Roth |