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Copy of the Final Order Of the A Course In Miracles Trial
 

12/08/2005 18:17 FAX 212 805 7925        JUDGE ROBERT W. SWEET                                    002

 

Law Offices of Lawrence 8. Fabian Attorneys for Defendants

444 Madison Avenue, Suite 701 New York, NY 10022

(212) 644-8096



 


UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK 

PENGUIN BOOKS USA, INC., FOUNDATION FOR A
COURSE IN MIRACLES, INC., and FOUNDATION
FOR INNER PEACE, INC.,

 

Plaintiffs,

 

Vs.

 

NEW CHRISTIAN CHURCH OF FULL ENDEAVOR, LTD., and ENDEAVOR ACADEMY,

Defendants.

 

Case No. 96-4126 (RWS)

 

 

JUDGMENT

   

 

 

This action having been tried by the Court without a jury and the issues having  been heard and a decision having been rendered; and

The Honorable Robert W. Sweet having made written findings of fact and conclusions of law by order dated October 24, 2003, ordering that judgment be entered in favor of the defendants dismissing the complaint and invalidating the copyright with costs to the defendants.

NOW, on motion of Lawrence E. Fabian, Esq., attorney for defendants New Christian Church of Full Endeavor, Ltd. ("NCC'J and Endeavor Academy ("Endeavor") (together the "defendants"), it is hereby

ADJUDGED and ORDERED that the copyrights represented by registration numbers A693944, A805255, TX4294765 (which three copyright registrations are referred to in Par. 22 of the Third Amended Complaint), TXC3-377-899 (referring back to a prior registration), and RE 882 755 (being the renewal copyright registration) for A Course In Miracles (the "Work") are invalid and hereby cancelled, as are all copyright claims and registrations for prepublication versions, including the version referred to as the "Shorthand Notebooks" (comprising the original dictation of A Course is Miracles by Helen Schucman) and the "Urtext", included in the registered "Unpublished Writings of Helen Schucman," registration No. TXU 421-821, the version referred to as the "Hugh Lynn Cayce Version" and the versions described as the second draft edited by Schucanan alone and the third draft, 2d edition as set forth, in the Court's order, dated July 21, 2000, page 6, as these prepublication versions have been merged into the Work; and it is further

ORDERED that the United States Copyright Office shall immediately cancel, revoke, and strike from the United States Copyright Office Register of Copyrights the copyright registration numbers A693944, A805255, TX4-294765, TX3-377-899 and RE 882 755 as such relate to the Work, A Course In Mirades, all, prepublication versions of the Work; and it is farther

ORDERED that the preliminary injunction granted by the Court in an opinion dated July 25, 2000, and by order dated September 6, 2000, and the stipulation and further order of preliminary injunction dated January 17, 2001, are hereby vacated and dissolved and of no further force and effect; and it is further

 ADJUDGED and ORDERED that plaintiffs' first claim in the Third Amended Complaint is dismissed with prejudice; and it is further

ADJUDGED and ORDERED that defendants are entitled to costs including attorney's fees as the prevailing party pursuant to the Court's Order and 17 U.S-C. 505 and Fed. Civ. P.54 (d)(1x2) to be determined by the Court; and defendants are directed to submit a notice of motion and supporting papers in application for such costs including attorney's fees on or before January 15, 2004, and plaintiffs and Penguin Books, USA, Inc., which was permitted to withdraw as a party except for liability for damages and legal fees by stipulation, are directed to serve answering papers on or before February 9, 2004, and defendants are directed to serve reply papers on or before February 23, 2004, with the Court to render thereafter its order with respect thereto; and it is further ORDERED that judgment is stayed for ten (10) days after entry of judgment.

  

Dated: New York, New York November          , 2003

         


Robert W. Sweet, U.S.DJ.
12-2-03