Tuesday, January 15, 2019

NIRMAL INTELLECTUAL PROPERTY CORPORATION (NIPC) FACT-FINDING


Please note that Shri Mataji transferred the ownership of Her Intellectual Property to Shri Mataji Nirmala Devi Sahaja Yoga World Foundation’ (Non-profit company) to preserve Her talks and tapes. She Mataji did not give ownership rights to Nirmalavidya LLC,/NIPC a profit making company. So Legally, NIPC/Nirmlavidya LLC a profit company does not have any authority to copyright. Based on many talks Shri Mataji never agreed for Copyrighting Her talks.



Jai Shri Mataji

Please read this document, NIRMAL INTELLECTUAL PROPERTY CORPORATION (NIPC) FACT-FINDING REPORT May 2014, original file is attached, which is not search friendly. Below document is search friendly.

Below document is search friendly.


Below link is for original file, which is not search friendly. 

From the above document, we found copyright info in two pages 65 and 69. Please find those search results below.

copying below from page 65 to 69
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JULY 2005 EVENTS
As the attention of Sir C.P. and the Sahaja Yogis turned to the intellectual property following Guru Puja, a number of issues were raised, including legal issues as well as the physical protection and preservation of Shri Mataji's tapes. However, for the purpose of this report, only the intellectual property legal issues are addressed.
81.
On Jul 27, 2005, at 5:40 PM, Paul Ellis wrote to Alan Wherry (D328):
“Alan: As you requested, I am sending this to follow-up on our conversation of earlier today. There have been several conversations that I have had or have been involved with when Sir C.P. spoke to this topic. At Sahasrara day, he said to me, Alan Pereira, Arneau and others that he would like to have us put forward a proposal to consolidate all of the intellectual property within such legal entity as we would propose. When I followed up to ask him what IP he was referring to, he said, "everything," meaning tapes, videos, books, etc.
Then, in the airport upon their arrival in the U.S., he clarified this a little more by saying that this proposal should address not just the legal matters, but all aspects of the process of maintaining and disseminating audios and videos, including maintaining and preserving the tapes, reproduction, distribution, finances, defense of copyright, etc. He was proposing that this should all be much more centralized and consolidated than the dispersed, hodgepodge system that we have now. Also, as I mentioned to the group on Sunday, Sir C.P. said that he and Shri Mataji regard this as one of the most
© 2014 Nirmala Vidya, LLC
important, if not the most important, tasks currently before WCASY. He said to me "there is not a day to lose.”
The Legal Committee has been working on a proposal with respect to legal issues. But when Sir C.P. expanded the scope in the conversation we had in the airport, I realized that this proposal went far beyond the realm of the Legal Committee and really needs the input of the Committee charged with audios, videos and books, as well as the Finance Committee (...)”
82.
In a following email written on July 28th, Paul Ellis, in a bid to move matters forward wrote to a number of leaders (D379):
“Everyone: Thanks to Alan for his thoughts on this. I have a couple of reply comments as set forth below.
But, more importantly, I wanted to update everyone based on a conversation with Sir C.P. last night. He stated that, in his view, now that WCASY has been formally established, developing a coordinated means of preserving and distributing audios and videos of Shri Mataji is, without question, the most important task before WCASY. He added that he is hoping that we can make some significant progress on this before he and Shri Mataji depart from the U.S.
So, given that they will be leaving in around 6 weeks, we really need to get cracking on this (...).
In order to try to light a fire on this, I am expanding this discussion to include the entire Legal Committee. Alan and Gagan, perhaps you would like to do the same for the Communications/Publications and Finance Committees.
The bottom line is that the time is short, so it is important to find the people who have the time and the will to push this project forward and to formulate this proposal within the next few weeks. Let's all please give whatever input we can to get things moving. In particular, those among us that feel that they would be able to take an active role in this should speak up."
83.
On 31 July, 2005, Paul Ellis wrote to a number of leaders (D43):
“Dear Brothers: A couple of days have gone by, and I have yet to receive any responses on the following message that I sent out on the 28th. I apologize for sounding like a squeaky wheel, but, as a group, we need to get this project moving. Part of my concern about this is that every day that I see Sir C.P., without fail, he raises this subject and asks me how it is going.
© 2014 Nirmala Vidya, LLC
Last night I told him that we were in the process of setting up a team to address this and that I believed that we would be getting it moving quite soon.
So again, I would request some feedback on this to get a team together and prepare the proposal that Sir C.P. has requested. As I have said, I will certainly make sure that the legal issues get covered, but that is only one, relatively small, part of this effort. As this is fundamentally about preserving and distributing Shri Mataji's spoken and written words, it does seem that, at some level, either the Publications/Communications Committee or some of its members need to be at the core of this effort.
So let's all please get a dialogue going with some proposals for moving this forward. It may be that Alan is unable to check email from wherever he is in Russia. Can Manoj or anyone else who knows the membership of the Communications/Publication committee please circulate this to them so we can get their input? (...)"
C.
AUGUST 2005 EVENTS
84.
A couple of emails were exchanged between various World Council members on issues raised in Paul's emails, but in view of the importance of this matter and a need for greater input, Paul Ellis wrote to the World Council on August 2, 2005 (D43):
“Dear Brothers and Sisters of the World Council,
I am forwarding for all of your information, various email messages that have been circulated over the last week regarding Sir C.P.'s very urgent request, that he is repeating virtually daily, that we take immediate steps to develop a consolidated, worldwide strategy for gathering, inventorying, preserving, duplicating, distributing and legally protecting Shri Mataji's spoken and written words (...) First Sir C.P. has been stressing the urgency of this since he arrived in America. Second, although I raised it at the WCSAY meeting (...) it doesn't seem like we are any closer to reaching any decisions (...) Part of the reason I want to bring all of you in the loop is that it ahs (sic) clearly been set out as the next big step for WCASY. As Sir C.P. is asking about it daily, I felt it important that all of the members be aware of how important this is and the urgency with which we need to act (...) So let's please reply with some very concrete views about who can take this on, how to form the team or whatever it takes. Not to put too fine a point on this but, whenever Sir C.P. has asked about how WCASY is doing in moving forward with this project, I have basically had to give him some version of "we're working on it." When it comes up tonight, which it almost certainly will, it would be great to have something a little more definitive to say.

48
Chris Kyriacou responded on August 2, 2005, saying (D43):
“I just wanted to add a word of support to what Paul has already written. I was fortunate to have a number of meetings with Sir CP over the days following Guru Puja (...) On three occasion (sic) Sir CP mentioned that he considered the preservation, archiving, and access of Shri Mataji's legacy in all its forms especially Audio and Visual as the number 1 priority of the Council."
Reflecting on his role in the IP transfer process, Paul Ellis writes (D373, #42 - 44):
42. “Because of the nature of the project, the transfer and protection of the IP necessarily required the involvement of a much broader group of people than had been required for the organizational documents. For example, the transfer documents required a list of all of the IP that was being conveyed, an effort which involved the attention of yogis from around the world. Similarly, unlike the organizational documents of the Foundation, there were significant non-legal issues, particularly involving the royalty rates and other terms of the transfer, that required the input of Gagan, Alan Wherry and others. Also, while it received less attention than the actual transfer, Sir CP's goals for this project included a broad effort to protect, preserve and distribute Shri Mataji's talks and texts in a far more coordinated manner than had been done in the past, an effort which went far beyond the mere legal considerations of the transfer.
43. Sir CP was very focused on this project, and would ask me about it on a daily basis, expecting reports of progress and constantly reminding me and the others who were present about its importance. Nevertheless, despite our best efforts, it was difficult to move this project forward with as much haste as Sir CP was expecting. It was not for lack of trying, as the collective was quite supportive of the IP transfer. Rather, the problem was that given the need to assemble a complete list of Shri Mataji's talks and texts while addressing numerous legal issues, the project required a significant amount of manpower and a great deal of coordination in the efforts of many people from different collectives around the world.
44. As a first task in the IP transfer, we selected an intellectual property attorney by the name of Alan Kaufman. Kaufman had been recommended by Alan Wherry, who had worked with him in the past, and he had significant experience in IP matters at the
international level. Kaufman confirmed early on, as virtually every other attorney with knowledge of this topic had suggested, that Shri Mataji's IP would be best protected if it was held by an entity based in the US. Thus, the transfer to the Foundation fit squarely into the legal advice that we were receiving.”
© 2014 Nirmala Vidya, LLC
49
85.
In an email on August 5, 2005, Manoj Kumar reported about a conversation with Sir CP:
Gagan, Karan and I had a long discussion with Sir CP last night about Audio/Video project and here are some key points from the discussion:
Task 1: Gather information and list all the masters from around the world (Where these are, who is in-charge?),
Task 2: Move these masters to a centeralized (sic) location (Possibly Austria) as soon as possible,
Task 3: Engage a legal team to acquire a worldwide copyright on all these masters in the name of Shri Mataji Nirmala Devi Sahaja Yoga Foundation (DBA World Council)
Task 4: Put together a team of technical experts (Professionals) to develop a high quality media master for all the audios and videos. In the essence of time, we may have to outsource this task and this could be a significant investment in the range of $100,000 or so. However, this should not be compromised. All of this will be recovered with the first release of new media.
Task 5: Develop various pricing/royalty/etc. plans for worldwide distribution
Task 6: Develop a reproduction and distribution plan
Task 7: Setup various re-production and distribution centers around the Globe (India (Infosys), Europe, America, Australia, Russia, etc.). A consistency must be maintained and all these re-production and distribution centers will work under the guidance and umbrella of Shri Mataji Nirmala Devi Sahaja Yoga Foundation." (D334)
86.
Paul Ellis sent an email dated August 11, 2005 (D260) to Alan Periera, David Spiro, Derek Lee, Gagan Ahluwalia, Rajiv Kumar, Chris Kyriacou, Jo Delaney, Horacio Albertolli, Manoj Kumar, Alan Wherry, Gregoire de Kalbermatten, Ivan Tan and Arneau de Kalbermatten entitled “Audio Video Legal Status/Finance Committee Approval” regarding the selection of the IP attorney, Alan Kaufman.
“Dear Brothers and Sisters:
(...) Current status of the legal side of the Audio/Video/Book project is as follows. After interviewing a number of different attorneys this week, yesterday I spoke with someone that I would suggest that we use for this work. He is a senior attorney with 20 years of experience in international intellectual property issues as the VP and General Counsel of Penguin Books. He was recommended by Alan Wherry who has worked with him in

Intellectual Property ownership transfer document signed by Shri Mataji

Transparency is the essence of Sahaja Yoga.” 
Guru puja, Avignon, France, 8 July 1990)


All Sahajayogis should know what happened with Shri Mataji's Intellectual Property.

On what conditions and terms Shri Mataji agreed to transfer the ownership Her Intellectual Property to Shri Mataji Nirmala Devi Sahaja Yoga World Foundation’ (SMNDSY World Foundation).
Based on the video, Intellectual Property, ownership document was signed by Shri Mataji in Devanagari lipi, as Nirmala.
VND organisation in USA, Sahaja Yoga World Foundation and Nirmalaviday LLC company has that ownership transfer document. Family may have that document.

Please watch the video, https://photos.app.goo.gl/VYB6AxybG4LhURke8

.

According to this video, Leaders agreed ONLY to “preserve Shri Mataji’s Talks and Tapes for all eternity so that they are available for all people around the world”. Paul Ellis did not say to Shri Mataji that they are going to copyright Her talks.
  • Did Shri Mataji give permission to SMNDSY world Foundation (non-profit) to pass ownership to Nirmala Vidya llc, which is a profit making company
  • Did Shri Mataji give permission to Nirmala Vidya/NIPC to copyright Her Intellectual Property?
  • Did Shri Mataji give permission to Nirmala Vidya/NIPC to attack and take legal actions against Sahajayogis and stop them from spreading Sahaja Yoga?
  • Did Shri Mataji agreed to give freedom to Sahajayogis for using Her intellectual property for spreading Sahaja Yoga?

Shri Mataji signed and given the ownership transfer document to Shri Mataji Nirmala Devi Sahaja Yoga World Foundation.

Since intellectual Property is very important to all Sahaja Yogis and for future of Sahaja Yoga,
  • We all need to know what is that ownership transfer document?
  • What are the terms and conditions that Shri Mataji agreed to?

Based on many Shri Mataji’s talks, Shri Mataji never agreed to copyrighting Her intellectual property. Below are few talks related to that.
**************************************************************************
San Diego (USA), 31 May 1990.
“It is very easy to talk of these things because in India books are available, you can read them. I know of people, there was an actress who came to my program and I came in 71 (there are so many people who came to My program) and also Dr Choudari told Me “You’d better get it copyright”. I said “There is no copyright needed for this kind of a thing, is all right!”.
And they are using My words, they are using word Kundalini, they are using Maha Yoga, they are using the words like self realization, everything; but doing nothing about it, just making money.”
Thank you for your attention

Jai Shri Mataji

Sunday, January 13, 2019

Confrontation with John Noyce



On Saturday, December 8, 2018 at 9:57:47 PM UTC-5, Prasad Salunkhe wrote:
The intent of our previous reply was to show your statement is wrong about NIPC action.
You just diverted the topic and did not answer our question.
What is your problem with us? On which level you took the action? Is it vibrational level? Let us know we will correct.

You are the one who informed NIPC and made us the target. We did not make you a target.
For last 5 years we have been silently doing Mother's work. You dragged us in. 
You are giving wrong info that we are out of collective for 7-8 years.
You are the one, classifying Maha Yoga as a BRAND in all groups.
You have plenty of time to spy on us & bother us and indulge in US Sahaj affairs.  

You dare to compare us with Mr.Jagbir aka.Mr.Kalki in Africa. Where is the wisdom?
Whenever people throw hatred comments on us, you liked them. 

Time spent by us in dealing with NIPC & answering google groups can be more wisely used in looking for more events to give realization.
Only for this NIPC action we had to join all groups. 
This is complete waste of our time, energy and attention, and it all started with YOU.

If you are busy with Australian issues why are you interfering in US affairs?
Jai Shri Mataji

************************************************************************************


On Saturday, December 8, 2018 at 8:53:25 PM UTC-5, John Noyce wrote:
Dear Haritha

I too have been on the receiving end of NIPC actions.
Its frustrating but there's nothing ultimately that can be done about it. 

Kindly note that I'm not part of NIPC, and have had some fierce interactions with them over the years. 
My last skirmish with the NIPC was over the massive editing of the forthcoming 8th edition of the SY Mantra book.
I resigned from their Publications Committee in protest.

If you need a target for your ongoing fight, I'm not it.
The situation in Australia is as bad, and possibly worse, than the situation in North America.
I prefer to conserve my energies for the ongoing aggro Down Under.

Thats it from me.  

John





On Sun, Dec 9, 2018 at 12:30 PM Haritha Prasad <haritha...@gmail.com> wrote:
One of the statement from John Noyce about NIPC, "unintended consequence of their take downs"

But that is not true, After first strike, I have emailed (below is the email that I sent to NIPC) them asking not to make more strikes. I told them I will delete if they don't want, after my email they made more strikes, even they used Attorney Cowan Liebowitz to make more copyright strikes,  and procured all legal documents to sue Maha Yoga channel, if needed. This is a spiritual organization not a legal organization.

If NIPC's intention is fair and caring about other Sahajayogis, they would have informed us before striking or at least they would have accepted my request.
Even non yogis copyright holders accept such requests, respect other channels and allow them to remove. They won't sue or make more strike to close the channel without giving enough warnings and time to rectify.  In our case we are not going illegally, Shri Mataji has given us full freedom and right. We didn't make any money on videos. 

They do not even care to respond to fellow brother and sister, they are intentionally giving deep center heart catch. I have not seen any non-yogi doing like this. This is very unfortunate that so called Sahajayogis can do like this. They choose this video when they made initial strike -"920830 Sahajayogis harm Sahajayoga, very tittle space in the Heavens " 
They do not care that 5K seekers were using that channel and american seekers use this channel to meditate on YouTube live. 
They don't need to answer me but they are definitely answerable to Shri Mataji.

Based on their behavior so far, this is an intentional act. And they are hell-bent on destroying us.

With John's above quote, it seems he is trying to cover-up NIPC actions. And why? He is aware of all NIPC actions, as he was copied on my below email.

See below: John's view on Maha Yoga and us on FB

Disha Bhatnagar Menon May 30, 2017 post below is John Noyce comment
John Noyce

John Noyce as I understand it, this is a non-conformist group in Washington, DC.

Based on my observations on his comments/ posts from 2013, He always opposed us whenever he got chance.
I do not understand what is his problem with us.

Below is the email that I sent to NIPC after first strike.

---------- Forwarded message ---------
From: Haritha Prasad <
Date: Tue, Nov 27, 2018 at 12:34 PM
Subject: Re: SAHAJA YOGA - MAHA YOGA YOUTUBE CHANNEL UNDER NIPC THREAT !
To: <halbertolli>
Cc: <halbertolli>, <borishanreich>, <dahernv>, <johnnoyce>, <alanpereira>, <wadijm>, Radosław Ośka (

Dear brother, Horacio, Jai Shri Mataji

For not obeying VND guidelines on Sahaja Meditation, we have faced outcast in the DC collectivity. For the sake of Sahaja Yoga, we have silently accepted our outcast and moved on to continue working for our Mother.  We do not want that to be repeated online too, please help us to continue working for our Mother.
Please provide the info on copy right strikes. If NIPC wants to remove any video or videos, instead of making a copy right strike, please let us know we will remove them. 
If Maha Yoga channel gets more strikes, it will be closed by YouTube. Seekers in America need that channel, as many new Yogis attend you tube live every week. Also, that channel is linked with www.TheMahaYoga.org, which we use for federal, corporate, community and other public programs.
Please let me know if you need any further information
We appreciate your support and help
Jai Shri Mataji

Haritha Salunkhe
on behalf Maha Yoga you tube team
*************************************************************************************************************************************






On Saturday, December 8, 2018 at 8:00:24 PM UTC-5, Adrian Vasiu wrote:
Dear Uncle John, 

To the below question I would like to add a second question:
Could you please share with us the e-mail of yours to NIPC dated April 9, 2016? 
It would help Prasad and Haritha to formulate their reply to NIPC. I am very sure that NV/NIPC could help you out to trace the original e-mail immediately,  just in case you cannot locate that fast on your computer/laptop.

We thank you in advance for your reply to these two queries? 

Jay Shri Mataji

On Sat, Dec 8, 2018 at 5:11 PM Zhenia_ILoveCaramelizedOnionsHowAboutYou <epo...@gmail.com> wrote:
John, just wondering: did you ever attempt to approach Haritha and Prasad with your concerns prior to filing the complaint? 
Thank you.
zhenia

On Saturday, December 8, 2018 at 3:54:25 PM UTC-6, johnnoyceau wrote:
For the record, the Australian Sahaja yogi  mentioned in the NIPC letter was me.  I sent a brief email to the NIPC on April 9, 2016 expressing concern about the MahaYoga branding of Shri Mataji's videos on youtube.

Its curious that it took two and a half years to consider and reach a decision.  

Its good that NIPC recognised that they needed to give their reasons in writing, and also that they recognised that the deletion of the MahaYoga youtube account was an unintended consequence of their takedowns, and they needed to offer to help rectify that.

John




On Sun, Dec 9, 2018 at 3:55 AM Adrian Vasiu <adrianv...@gmail.com> wrote:
Dear All,

Could we all please return to focus on, `Is there anything we could do collectively, i.e., in the way desired by Angi Didi, to help with the Maha Yoga situation?' Haritha's post was, of course, to inform us, but, I guess, also to get some help -- and less to discuss the history of CEL or to compare USA and Europe.

1. Does anyone know who is the Australian Sahaja Yogi is and why and what matters did he bring to the attention of NIPC?

2. Haritha, would it be possible to have clear-cut samples on what "brand" Maha Yoga used? You could use it as a sample on some new video (file or link) which is not related to talks of Shri Mataji.

3. Haritha, would it be possible to have a factual and detailed description with dates of: (a) all communications initiated by NV before striking the Maha Yoga channel, and (b) all communications and strikes initiated by NV since the very first strike (inclusive)?

4. Could we identify other "brands" used on youtube and vimeo accounts and which are either not known to or are tolerated by or possible even supported by NIPC?

5. Could we please identify other youtube and vimeo accounts to which "hundreds of videos of Shri Mataji were uploaded in their entirety," besides youtube and vimeo accounts hosted by the two platforms mentioned by NV (NirmalaVidya.org and on Amruta.org)?

Thank you.

Jay Shri Mataji!

On Fri, Dec 7, 2018 at 2:01 PM Haritha Prasad <haritha...@gmail.com> wrote:
Here is the response from NIPC, 

*********************************************************
Jai Shri Mataji

Dear Maha Yoga members

As you are aware action has been taken concerning the violation of Shri Mataji's Intellectual Property rights which has resulted in the removal of Shri Mataji's talks from the Maha Yoga youtube channel. This has nothing to do with the Sahaja Meditation and Sahaja Yoga debate in America. It is an Australian Sahaja Yogi that brought this matter to our attention. We will also assist you in putting your youtube channel back online but without the library of Shri Mataji's talks.

Before we comment further, it is important to affirm the inalienable right of every Sahaja Yogi to spread and practice Sahaja Yoga freely. It is impossible to do this without having access to the full and authentic knowledge of Shri Mataji, just as She shared it with us. For this reason all of Shri Mataji's talks and videos are available to everyone in the world at every hour of every day on NirmalaVidya.org and on Amruta.org. In addition, Shri Mataji's talks and videos are in the possession of Sahaja Yogis all over the world and this is the way it should be.

This does not mean however that anything can be posted anywhere by anyone at any time.

Action has been taken concerning the videos of Shri Mataji posted on the Maha Yoga channel for the following reasons:
  • the Maha Yoga channel put its "brand" of Maha Yoga on all of the videos of Shri Mataj. This is inappropriate. These videos do not belong to Maha Yoga channel or association and nor should videos or audios of Shri Mataji be associated with any type of "brand". 
  • hundreds of videos of Shri Mataji were uploaded in their entirety to the Maha Yoga channel. This poses legal issues and practical issues as potentially hundreds of youtube channels could each post "their own" hundreds of talks of Shri Mataji. A link to a video of Shri Mataji can be created by anyone which leads to the above mentioned internet sites using the same youtube channel and on which all of Shri Mataji's talks are uploaded;
Lastly, we strongly urge you to engage again with the larger collectivity in the America. Shri Mataji spread Sahaja Yoga not Maha Yoga. If you want to avoid using Sahaja Yoga or Sahaja Meditation in order to approach Corporations or government bodies please be aware that Shri Mataji authorised Sahaja Yogis to give realisation through the Center for Evolutionary Learning (CEL).

We do express our reservations about the use of Maha Yoga to spread what is in fact, Sahaja Yoga, but this is more a matter for you to sort out with the collectivity in America. Please give us the name of a Sahaja Yogi we can work with to get your youtube channel running again.

We await the name of this Sahaja Yogi and in the meantime will not be engaging in a back and forth by email.

With sincere respect,


Nirmala Vidya llc
c/o Nirmal Intellectual Property Corp.

  
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Prasad poem about human beings in Hindi

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