Counter-Notification to Stroock, Stroock and Lavan's
Copyright complaint on behalf of Elan Vital

Here is the text of the counter-notification sent to the hosts of which Stroock, Stroock and Lavan, on behalf of their client, Elan Vital, Inc., declined to take any further. As a result, the disputed pages were reinstated to

Re: DMCA Notice of Copyright Infringement on ""

Regarding the notice from Stroock & Stroock & Lavan LLP, acting for their client, Elan Vital Inc., alleging that the website,, infringes Elan Vital Inc.'s copyright interests, I attach a counter notification. I would be grateful if you could take the appropriate action so that the website can continue to perform its public service as soon as possible.

I would also be grateful if you could confirm receipt of this letter by email.

Many thanks for the help you have given so far in this matter.

John Brauns

Counter-Notification regarding DMCA Notice of Copyright Infringement on

Pursuant to 17 United States Code Section 512, John Brauns provides counter-notification to Verio, Inc., regarding the notification of claimed infringement submitted by Elan Vital, Inc., by letter dated April 24, 2003, as follows:

1. I am the owner of the website domain, (the "EPO website") currently being hosted on a platform of Verio, Inc., and as such I am a subscriber of Verio, Inc.;

2. I have received notice that Elan Vital, Inc. (EVI) alleges that certain textual works, photographs and graphic works as displayed on the EPO website constitute violations of the proprietary copyrights of EVI;

3. The purpose of the EPO website is to be a source of information not provided by EVI about Prem Rawat and hence serves a public need. Such information includes the fact that Mr. Rawat has taught under such titles as "Perfect Master" and "Lord of the Universe," that he has claimed to be the living incarnation of God and wore certain garments to emphasize that claim, and that he is and was worshipped by his followers as a deity. In addition to this objective, the EPO website also utilizes the listed material for the general purposes of education, criticism and research, including research into Eastern Cult movements of the 1970s and 1980s in the West;

4. Neither myself, nor any other contributor to the site, receives, or has ever received, any form of remuneration resulting from inclusion of the listed material;

5. EVI's description of the alleged copyright infringing works as a "staggering virtual library" is not supported by their own figures of only 49 pages containing the alleged infringing text, out of over 1000 pages on the website. This has to be looked at in the context of Prem Rawat giving public speeches in the USA for over 30 years. In addition, the "complete book" they refer to, is in fact a booklet mainly consisting of photographs (not reproduced on the site), annotated with quotations from Mr. Rawat from 1978, which, because of the embarrassing nature of the quotations, are no longer published by EVI. The text from the "complete book" occupies only one page on the site;

6. It is my belief that the current copyright infringement allegations constitute nothing more than an attempt by EVI to stifle the ability of the public to be aware of the truth about Mr. Rawat and EVI;

7. After receiving notice of EVI's claims, I disabled the sections of the EPO website that contain any of the material objected to by EVI, and you may view such material at which is an exact copy of but hosted on a different server. For the reasons stated below, I should be allowed to return the complete website to the Verio, Inc. platform and I hereby request that Verio, Inc. acknowledge my right to do so as soon as possible;

8. I declare under penalty of perjury that it is my good faith belief that the material displayed on the EPO website claimed by EVI to be in violation of its copyright interests, is misidentified by EVI as constituting any such violation because:

    a) some or all of the material identified by EVI is not material in which EVI has an enforceable copyright or has entered the public domain;

    b) even if EVI owns a protectible copyright in some or all of the material, the material is misidentified by EVI as a copyright violation because it constitutes "fair use" as defined in 17 U.S.C. 107. Specifically, the material was displayed on the EPO website solely for the purposes of criticism, comment, news reporting, teaching, scholarship and research, all within the parameters of the "fair use" limitation in the United States Code.

9. My name is John Brauns; my address is [address removed], and my telephone number is [telephone number removed].

10. I consent to the jurisdiction of the Federal District Court in which Verio, Inc. is located, specifically, the Federal District Court in Denver, Colorado. I further agree to accept service from EVI or its attorneys.

I declare under penalty of perjury that the foregoing is true and correct.

Dated: 30th April 2003

John Brauns

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