AA big book web site shut down by AAWS attorney

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Deutscher 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

[editors notes in red: First is a literal translation of a letter from AOL Germany
[name and address of involved AA member are blanked________ ]
 

[editors notes in red: Second is a literal translation of a letter from
Attorney Frieder Roth
Gewuerzmuehlstr. 5
80538 Munich
Germany
phone (011) 49-892-2238-384
fax     (011) 4-989-2226-360 ]

download photpcopy of this letter roth_aol.pdf 150kB
[name and address of involved AA member are blanked________ ]


20-AUG-99 FR 15:44 COMPUSERVE GMBH FAX NR. 08966571417 S.01

AOL, Stubbenbuk 3, 20459 Hamburg                                  AOL
                                                                The Bertelsmann America Online Service

Mr.
M______
via Fax

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

AOL Bertelsmann Online Ltd. & Co.
Mrs. Dr. Tanja Jessen,
Millerntorplatz 1
20359 Hamburg
Your shut down internet account will then be recovered as soon as possible. Should the regarding contents still be on the site, remove it quickly or else your account will be shut down again and you will have to pay a considerable fine.

We thank you for your understanding and would be glad, if you remain our customer in the future.

regards
(signed)
Dr. Jens Jepp

 


20-AUG-99 FR 16:18 COMPUSERVE GMBH FAX NR. 08966571417 S.01

 

DR. HEINZ ROTH
(1931-1994)
HANS ROTH
FRIEDER ROTH
DR. GERD WIEDEMANN
Attorneys
 

 

Aug12,1999
237/99FR09 ar
D2\D2918
AOL
Bertelsmann Online GmbH & Co. KG
- Management -
Millerntorplatz 1

20359 Hamburg
[Germany]

 

Beforehand via Fax: 040/361 59 333 (without attachments)

Publication of a copyright protected work via
by Mr. M________ [a member of an AA big book study group]

 

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
-2-

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
-3-
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.

3. Criminal prosecution Ref. No. 92 Js 12913.1/97 - 8 Ds is under way against Mr. M_____ at Inferior Court Bad Homburg v.d.H. because of copyright infringement according to Articles 106, 108 a German Copyright Act [editors note: payment of a considerable fine or up to three years prison] This criminal law suit is pending until the civil law suit at Frankfurt County Court comes to a final result. An additional criminal prosecution (AZ: 92 Js 28390- 7/98) was caused by AAWS, Inc. and is conducted by Attorney General at County Court in Frankfurt.

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
http://members.aol.com/.../lit.htm [entire web site is shut down]
and
http://users.aol.com/.../bb/inhalt.htm [entire web site is shut down]

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

 20-AUG-99 FR 16:21 COMPUSERVE GMBH FAX NR. 08966571417 S.04
-4-

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:
"The obligations to block use of unlawful material remain in force according to general law, if the service provider complies with privacy policy rules (Article 85 Telecommunication Act), gets knowledge of the material and if it is technically and otherwise fairly possible to block it."

These requirements fit this case, and we therefore request in the name of our clients to sign attached commitment [ed. note: contents currently unknown] in a business-like form and to return it to us until
August 19th, 1999, 12:00 noon
[ed. note: currently unknown if that was done]
In case of Fax transmission you meet this ultimatum only, if a written original is submitted to your post office at the same time and if it is soon received by us. If you do not sign this commitment or if you add limitations, you are assured that our clients will immediately take legal action. If any questions remain open, please contact the undersigned person [ed. note: i.e. attorney Frieder Roth]. Our clients are not interested


20-AUG-99 FR 16:22 COMPUSERVE GMBH FAX NR. 08966571417 S.05
-5-

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