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How can an alleged Jew as Dave Touretzky work at the CMU?



 
 
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  #21  
Old October 4th 06, 04:03 PM posted to alt.religion.scientology,bionet.neuroscience,rec.aviation.marketplace,misc.education,soc.culture.jewish
Steve Foley[_1_]
external usenet poster
 
Posts: 119
Default How can an alleged Jew as Dave Touretzky work at the CMU?

"Barbara Schwarz" wrote in message
ps.com...

antisectes wrote:
How can a nazie barbie like you work for a nazi cult?

r


Calling me a Nazi, is Nazi-libel,


Is "Ignorant Slut" more fitting?


Ads
  #22  
Old October 4th 06, 04:23 PM posted to alt.religion.scientology,bionet.neuroscience,rec.aviation.marketplace,misc.education,soc.culture.jewish
Crozo
external usenet poster
 
Posts: 2
Default How can an alleged Jew as Dave Touretzky work at the CMU?

Oh, I believe it is, Steve. Barbara has really gone off the deep end
on this one. Eh, fecal consumer? The only person around here that is
even remotely acting like a Nazi is you, parker and your host of OSA
friends. You can't make any actual arguments so you have attack people
with possibly the most asinine accusations I have ever seen. Why is it
necessary to do this to defend Scientology? Is Scientology not able to
support itself?


Steve Foley wrote:
"Barbara Schwarz" wrote in message
ps.com...

antisectes wrote:
How can a nazie barbie like you work for a nazi cult?

r


Calling me a Nazi, is Nazi-libel,


Is "Ignorant Slut" more fitting?


  #23  
Old October 4th 06, 04:35 PM posted to alt.religion.scientology,bionet.neuroscience,rec.aviation.marketplace,misc.education,soc.culture.jewish
Steve Foley[_1_]
external usenet poster
 
Posts: 119
Default How can an alleged Jew as Dave Touretzky work at the CMU?

"Crozo" wrote in message
oups.com...
You can't make any actual arguments so you have attack people
with possibly the most asinine accusations I have ever seen.


Check the charter for this group. You wanna post off topic drivel, I'll
attack it any way I choose.

FOAD.


  #24  
Old October 4th 06, 04:53 PM posted to alt.religion.scientology,bionet.neuroscience,rec.aviation.marketplace,misc.education,soc.culture.jewish
Crozo
external usenet poster
 
Posts: 2
Default How can an alleged Jew as Dave Touretzky work at the CMU?

No. Steve, I was referring to Barbara, not you.

Steve Foley wrote:
"Crozo" wrote in message
oups.com...
You can't make any actual arguments so you have attack people
with possibly the most asinine accusations I have ever seen.


Check the charter for this group. You wanna post off topic drivel, I'll
attack it any way I choose.

FOAD.


  #25  
Old October 4th 06, 05:44 PM posted to alt.religion.scientology,bionet.neuroscience,rec.aviation.marketplace,misc.education,soc.culture.jewish
Paul F. Johnson
external usenet poster
 
Posts: 4
Default How can an alleged Jew as Dave Touretzky work at the CMU?

See, Paul Babbles Johnson, now you learned something from my book.

Yeah - you need a new book. I would recommend one which will free it from
the chains the cult has slung around it.
--
"Der einzige Weg, Leute zu kontrollieren ist sie anzulügen" - L. Ron "Ich
kann kein Science-Fiction schreiben" Hubbard; Lügner, Betrüger, Fixer und
Wohltäter zu niemandem
  #26  
Old October 4th 06, 07:27 PM posted to alt.religion.scientology,bionet.neuroscience,rec.aviation.marketplace,misc.education,soc.culture.jewish
Miriam Cohen
external usenet poster
 
Posts: 1
Default How can an alleged Jew as Dave Touretzky work at the CMU?

Steve Foley wrote:
"Barbara Schwarz" wrote in message
ps.com...

antisectes wrote:

How can a nazie barbie like you work for a nazi cult?

r


Calling me a Nazi, is Nazi-libel,



Is "Ignorant Slut" more fitting?


From her poor wording I thought she was saying that comparing her to
Nazis was insulting to Nazis.

--
L'Chaim

Miriam

In the beginning
the Word already was.
  #27  
Old October 4th 06, 10:35 PM posted to alt.religion.scientology,bionet.neuroscience,rec.aviation.marketplace,soc.culture.jewish
Barbara Schwarz
external usenet poster
 
Posts: 13
Default How can an alleged Jews as Dave Touretzky work for the CMU?


SirLagsAlot schrieb:

Babbles talking to herself again

sock puppets dont count


1) Barbzzz Graham is Babbles
2) SirLagsALot intelligence is the sock puppet of Randall Gutierez a
poster of swastikas and a poster of threads like: How to kill
Scientologists
3) I am not the Voice
4) These guys can't do any computer IP searches
5) P$ychiatric drugs (or other drugs) apparenty don't help against
persecution mania.

http://www.thunderstar.net/~schwarz/lrh/fbidocs.html
Barbara Schwarz
--

Wikipedia (Wikipiggi), the brain child of porn search engine CEO Jimbo
Wales has all the characteristics of a destructive cult: Wikipiggists
(editors, admins, board, scribblers) work for free and are above the
law. They harass, defame, attack, lie, smear, conspire, misinform,
manipulate and violate the privacy of good people. Anybody, who doesn't
agree with the Wikipiggists is being blocked and banned. You are not
allowed to cite your constitutional rights as they ban you for that.
There is no justice or free speech within the Wikipiggi cult. I learned
that the average age of a Wikipiggist (who hide their own identity as
they don't want that anybody does to them what they do to others) is
only 17 years old, and besides unripe minds, you better expect criminal
histories. However, Jimbo Wales is older, and he should call his
corrupt kindergarden cult to apply decency, the laws and leave people
alone.

http://groups.google.com/group/alt.r...fa55125?hl=de&

U.S. Congress sees Wikipedia as foul mud. We sure need laws against the
Wikipiggi cult.
http://deseretnews.com/dn/view/0,1249,635203427,00.html



  #28  
Old October 4th 06, 10:38 PM posted to alt.religion.scientology,bionet.neuroscience,rec.aviation.marketplace,misc.education,soc.culture.jewish
Barbara Schwarz
external usenet poster
 
Posts: 13
Default How can an alleged Jew as Dave Touretzky work at the CMU?


Crozo schrieb:

No. Steve, I was referring to Barbara, not you.



You are so off the charts that you can't even express yourself without
to be misunderstood. Get off the hemp or whatever makes you this way,
Bozo. You really sound like a toilet. Flush.

http://www.thunderstar.net/~schwarz/lrh/fbidocs.html
Barbara Schwarz
--

Wikipedia (Wikipiggi), the brain child of porn search engine CEO Jimbo
Wales has all the characteristics of a destructive cult: Wikipiggists
(editors, admins, board, scribblers) work for free and are above the
law. They harass, defame, attack, lie, smear, conspire, misinform,
manipulate and violate the privacy of good people. Anybody, who doesn't
agree with the Wikipiggists is being blocked and banned. You are not
allowed to cite your constitutional rights as they ban you for that.
There is no justice or free speech within the Wikipiggi cult. I learned
that the average age of a Wikipiggist (who hide their own identity as
they don't want that anybody does to them what they do to others) is
only 17 years old, and besides unripe minds, you better expect criminal
histories. However, Jimbo Wales is older, and he should call his
corrupt kindergarden cult to apply decency, the laws and leave people
alone.

http://groups.google.com/group/alt.r...fa55125?hl=de&

U.S. Congress sees Wikipedia as foul mud. We sure need laws against the
Wikipiggi cult.
http://deseretnews.com/dn/view/0,1249,635203427,00.html



Steve Foley wrote:
"Crozo" wrote in message
oups.com...
You can't make any actual arguments so you have attack people
with possibly the most asinine accusations I have ever seen.


Check the charter for this group. You wanna post off topic drivel, I'll
attack it any way I choose.

FOAD.


  #29  
Old October 4th 06, 10:46 PM posted to alt.religion.scientology,bionet.neuroscience,rec.aviation.marketplace,misc.education,soc.culture.jewish
Barbara Schwarz
external usenet poster
 
Posts: 13
Default How can an alleged Jew as Dave Touretzky work at the CMU?


Miriam Cohen schrieb:

Steve


Actually, I happen to know that the Nazis in Germany took Jewish ID's
when the allies came and freed the Jews to avoid prosecution. So, it is
nothing new that Nazis use Jewish names.

In other word "Miriam", real Jews wouldn't attack me and howl with the
Nazis.

http://www.thunderstar.net/~schwarz/lrh/fbidocs.html
Barbara Schwarz
--

Wikipedia (Wikipiggi), the brain child of porn search engine CEO Jimbo
Wales has all the characteristics of a destructive cult: Wikipiggists
(editors, admins, board, scribblers) work for free and are above the
law. They harass, defame, attack, lie, smear, conspire, misinform,
manipulate and violate the privacy of good people. Anybody, who doesn't
agree with the Wikipiggists is being blocked and banned. You are not
allowed to cite your constitutional rights as they ban you for that.
There is no justice or free speech within the Wikipiggi cult. I learned
that the average age of a Wikipiggist (who hide their own identity as
they don't want that anybody does to them what they do to others) is
only 17 years old, and besides unripe minds, you better expect criminal
histories. However, Jimbo Wales is older, and he should call his
corrupt kindergarden cult to apply decency, the laws and leave people
alone.

http://groups.google.com/group/alt.r...fa55125?hl=de&

U.S. Congress sees Wikipedia as foul mud. We sure need laws against the
Wikipiggi cult.
http://deseretnews.com/dn/view/0,1249,635203427,00.html

  #30  
Old October 4th 06, 10:50 PM posted to alt.religion.scientology,bionet.neuroscience,rec.aviation.marketplace,soc.culture.jewish
Barbara Schwarz
external usenet poster
 
Posts: 13
Default How can an alleged Jews as Dave Touretzky work for the CMU?


Eldon schrieb:

SirLagsAlot wrote:
B

Subject: Harry Palmer (Avatar) versus Eldon Braun ( April 9, 2002)
Message-ID:

One doesn't has to waste more time than posting this about Eldon Braun
(fugitive of American justice). He is too disturbed to waste much time
with him.


IN THE UNITED STATES COURT OF APPEALS


FOR THE ELEVENTH CIRCUIT


No. 01-14511

D. C. Docket No. 00-01662 CV-ORL-31J

HARRY PALMER,

STAR'S EDGE, INC.,

Plaintiffs-Appellants,


versus

ELDON BRAUN,

Defendant-Appellee.

Appeal from the United States District Court


for the Middle District of Florida


(April 9, 2002)

Before TJOFLAT and COX, Circuit Judges, and HANCOCK (1), District
Judge.

COX, Circuit Judge: Harry Palmer, the owner of Star's Edge, Inc., and
the
creator of a self-help course called Avatar, sought a preliminary
injunction
against Eldon Braun, alleging that Braun's book, The Source Course,
infringed
Palmer's copyright in the Avatar Course materials. The district court
denied
the request for a preliminary injunction after determining that Palmer
was
unlikely to succeed on the merits of his claim. Because the district
court did
not abuse its discretion, we affirm.

I. FACTS

A. HARRY PALMER & THE AVATAR COURSE

Palmer is an educational psychologist. For many years, he was a member
of the
Church of Scientology and aided members of the Church in the
exploration of
their consciousness. Palmer left the Church in 1982 and, in 1986,
embarked on a
personal regimen of experimental research, seeking to explore the
functioning
of his own consciousness. Palmer's research led him to the conclusion
that
beliefs are the key to everything in the universe.

This insight, combined with Palmer's background in educational
psychology, led
Palmer to develop an educational course in which students might explore
their
own consciousness. He calls his course Avatar, from a word for
incarnated
deities, and it is premised on the idea that a person's beliefs create
his
reality. The Avatar Course seeks to inform its students of the
existence of
these beliefs and to teach them how to create or "discreate" those
beliefs as
necessary.

The Avatar Course is taught by trained and licensed "Masters" in three
sections. Section I is a two-day seminar that introduces the Avatar
Course
using Resurfacing: Techniques for Exploring Consciousness, a 264-page
manual
that describes the basis of exploring the consciousness. Resurfacing is
available to the general public.

After completing Section I, students are encouraged to take Sections II
and
III. Section II uses The Exercises, a 39-page manual that teaches
students to
reconnect with their existence and experience the world directly. The
key
exercises in Section II rely on a collection of short sentences
designed to
allow a student to control his beliefs. Once a student gains control of
his
beliefs, he moves on to Section III, The Procedures. In this section,
students
learn, through meditation, to become "source," or "the seat of
consciousness at
the center of the universe, creating everything outside through
conscious
intent." (R.2-60-Ex. 11 at 5.) When a person is "at source," he has
achieved
the enlightenment that the Avatar Course offers and is in control of
his
reality. Section III is taught with a 77-page manual.

The manuals used in Section II and III are kept confidential. Students
must
sign a confidentiality agreement prior to taking the course and must
return the
materials when the course ends. Confidentiality ensures both that the
course is
administered with the help of a trained Master and that these sections,
which
cost $500 and $1500 respectively to attend, maintain their commercial
value.

Once Sections II and III are completed, students may take additional
sections
to elevate themselves in the Avatar hierarchy. Section IV teaches
students to
become Masters, so that they may teach the course to others. Section V
is the
Wizards Course, which endows its graduates with the ability to
transform
civilization.

B. ELDON BRAUN & THE SOURCE COURSE

Braun began the Avatar Course in 1987, after hearing Palmer lecture
about it.
Also a former Scientologist, Braun believed that Palmer's course would
teach
him what Scientology did not. He signed up with Palmer, took the Avatar
Course,
and became an Avatar Master in 1989. As part of his mastery, he signed
a
license agreement and a confidentiality agreement. The confidentiality
agreement required Braun to keep the Avatar Course materials secret and
to
return the materials upon request. In 1991, Braun had a disagreement
with
Palmer over the payment of royalties. As a result, Braun's license was
suspended, and Star's Edge asked Braun to return his Avatar Course
materials.
Braun did not return the materials.

After his break with Palmer, Braun continued to believe in the power of
Avatar
but disliked Palmer's control of it. With these dual motivations, Braun
undertook a campaign to discredit Palmer and undermine his control of
Avatar.
As part of his effort, Braun published an article on the internet
entitled "The
Wiz of Orlando." (2) This article relates both Braun's involvement with
Avatar
and Palmer's control over the organization. To supplement his
journalistic
efforts, Braun also sought to develop an alternative course of
self-discovery
that would reveal the secrets of the Avatar Course and draw potential
customers
away from Palmer.

Braun's alternative course is called The Source Course. The title is
drawn from
the Avatar Course's ambition of leaving its graduates "at source." The
Source
Course approaches consciousness the same way that the Avatar Course
does, and
Braun billed it alternatively as "an analog of the Avatar Course"
(R.2-60-Ex.15
at 1), "a refresher" for the Avatar Course (R.2-60-Ex. 28), "a
take-home
manual" for graduates of the Avatar Course (R.2-60-Ex. 21 at 1), and
the
"equivalent" of the Avatar Course materials (R.4 at 73). Unlike the
Avatar
Course materials, whose secrecy is jealously guarded, The Source Course
is
intended to be available to the general public, and Braun even offered
it for
free to those who could not afford it.

Braun began offering The Source Course to the public on November 9,
2000. On
November 20, Palmer and Star's Edge sent Braun a letter claiming that
The
Source Course infringed their copyright in the Avatar Course materials
and
demanding that Braun cease and desist the infringement. Braun refused,
and
Palmer and Star's Edge filed suit. (3)

Though it filed suit in December 2000, Palmer and Star's Edge did not
move for
a preliminary injunction until March 9, 2001. They asked for a
preliminary
injunction on the basis of their claims for libel, unfair competition,
and
trademark and copyright infringement. Because of scheduling conflicts,
the
district court did not hold a hearing on the motion until June 28,
2001.

At the hearing, Palmer and Star's Edge argued for the injunction only
on the
basis of their unfair competition claim and their copyright and
trademark
infringement claims. The district court denied the request for a
preliminary
injunction on the copyright-infringement claim. It found that The
Source Course
was not substantially similar to the Avatar Course materials and that
Palmer
was thus unlikely to succeed on his copyright-infringement claim. On
appeal,
Palmer and Star's Edge ask us to review this ruling on the
copyright-infringement claim. We enjoined publication of The Source
Course
pending this appeal.

II. ISSUE ON APPEAL & STANDARD OF REVIEW

The only issue on this appeal is whether the district court erred by
failing to
preliminarily enjoin Braun's publication of The Source Course. The
grant or
denial of a preliminary injunction is within the sound discretion of
the
district court and will not be disturbed absent a clear abuse of
discretion.
See Siegel v. Lepore, 234 F.3d 1163, 1178 (11th Cir. 2000) (en banc);
Cafe 207,
Inc. v. St. Johns County, 989 F.2d 1136, 1137 (11th Cir. 1993); Revette
v.
Int'l Ass'n of Bridge, Structural & Ornamental Iron Workers, 740 F.2d
892, 893
(11th Cir. 1984).

III. DISCUSSION

Palmer is not entitled to a preliminary injunction unless he
establishes each
of the following four prerequisites: (1) a substantial likelihood of
success on
the merits; (2) a substantial threat of irreparable injury; (3) that
the
threatened injury to the plaintiff outweighs the potential harm to the
defendant; and (4) that the injunction will not disserve the public
interest.
See Suntrust Bank v. Houghton Mifflin Co., 268 F.3d 1257, 1265 (11th
Cir.
2001). The district court found that Palmer did not establish a
substantial
likelihood of success on the merits of his copyright claim and, without
considering the remaining prerequisites, denied the request for a
preliminary
injunction. Palmer contends that he did, in fact, show a substantial
likelihood
of success on his copyright-infringement claim.

A. PRIMA-FACIE COPYRIGHT INFRINGEMENT

To establish a prima-facie case of copyright infringement, Palmer must
show (1)
that he owns a valid copyright in the Avatar Course materials and (2)
that
Braun copied original elements of the Avatar Course materials in The
Source
Course. See Suntrust Bank, 268 F.3d at 1265-66. Palmer submitted
copyright
registration certificates to the district court, and Braun does not
dispute the
validity of Palmer's copyright. Palmer, then, owns a valid copyright,
satisfying step one.

To satisfy step two, Palmer must first show that The Source Course is
"substantially similar" to the Avatar Course. Two works are
substantially
similar if "an average lay observer would recognize the alleged copy as
having
been appropriated from the copyrighted work." Leigh v. Warner Bros.,
212 F.3d
1210, 1214 (11th Cir. 2000) (quoting Original Appalachian Artworks,
Inc. v. Toy
Loft, Inc., 684 F.2d 821, 829 (11th Cir. 1982)). Both literal and
nonliteral
similarities can warrant a finding of substantial similarity. See
Bateman v.
Mnemonics, Inc., 79 F.3d 1532, 1543-44 n.25 (11th Cir. 1996).

Literal similarity is the verbatim copying of a copyrighted work. In
many
cases, an allegedly infringing work will evince "fragmented literal
similarity." See generally 4 Melville B. Nimmer & David Nimmer, Nimmer
on
Copyright ? 13.03[A][2] (2001). In other words, the work may copy only
a small
part of the copyrighted work but do so word-for-word. If this
fragmented copy
is important to the copyrighted work, and of sufficient quantity, then
it may
support a finding of substantial similarity.

Nonliteral similarity is more difficult to define. A work may be deemed
substantially similar to another work when it evinces what Nimmer calls
"comprehensive nonliteral similarity." See generally 4 Nimmer & Nimmer,
supra,
? 13.03[A][1]; Bateman, 79 F.3d at 1543 n.25. This comprehensive
nonliteral
similarity is evident where "the fundamental essence or structure of
one work
is duplicated in another." 4 Nimmer & Nimmer, supra, ? 13.03[A][1], at
13-29.

Even if Palmer successfully shows substantial similarity, he must also
demonstrate that The Source Course borrowed "original elements" of the
Avatar
Course materials. "Original elements" include only original expression,
since
copyright protection does not extend to ideas, procedures, processes,
or
systems, regardless of their originality. See 17 U.S.C. ? 102(b)
(1996);
Suntrust Bank, 268 F.3d at 1266; Leigh, 212 F.3d at 1214. Even original
expression will be unprotected if it can be accurately characterized as
an
idea, procedure, process, or system. See Warren Publ'g, Inc. v.
Microdos Data
Corp., 115 F.3d 1509, 1514 n.13 (11th Cir. 1997) (en banc). But, in
many cases,
the line between idea and expression is difficult to draw: "Decisions
must
therefore inevitably be ad hoc." Peter Pan Fabrics, Inc. v. Martin
Weiner
Corp., 274 F.2d 487, 489 (2d Cir. 1960). Moreover, in certain cases,
there are
so few ways of expressing an idea that the idea and its expression
merge. Under
the so-called "merger doctrine," these few expressions do not receive
copyright
protection, since protection of the expressions would thus extend
protection to
the idea itself. See Warren Publ'g, 115 F.3d at 1518 n.27.

Palmer contends that The Source Course is substantially similar to the
Avatar
Course and that the district court's contrary determination was in
error. Braun
argues that, for the most part, he copied only Palmer's ideas and
exercises,
not his expression. He also asserts that, in the few instances where he
did
copy Palmer's expression, the simple phrases he copied are covered by
the
merger doctrine. Therefore, according to Braun, while the works may be
substantially similar, Palmer's copyright did not protect the portions
of the
Avatar Course materials that Braun copied. We consider each contention
in turn.

B. THE AVATAR COURSE MATERIALS & THE SOURCE COURSE

A comparison of the works involved in this case shows that The Source
Course is
not an exact replica of the Avatar Course materials. But, at the
preliminary
injunction hearing, Palmer presented a chart to the court indicating
obvious
similarities between the works. We must evaluate these similarities to
determine whether an average lay observer would recognize that The
Source
Course was appropriated from the Avatar Course materials.

The animating idea behind the Avatar Course is that people's beliefs
can alter
how they experience and understand their lives. This idea is not new;
as the
district court pointed out, it has been "pondered, discussed, expounded
upon,
and written about since time immemorial." (R.3-68 at 15.) Even if the
idea were
new, it could not, of course, be protected by copyright. So, while it
is clear
that The Source Course is motivated by Palmer's idea, the question is
whether
The Source Course expresses this idea in a way that infringes on
original
expression of the same idea in the Avatar Course materials.

The Avatar Course transforms the idea into a series of exercises that
allow a
person, not only to understand the idea intellectually, but to make
practical
use of the idea. The structure of the Avatar Course, and the exercises
associated with it, are repeated, with only slight variations, in The
Source
Course.

1. Section II

Section II of the Avatar Course teaches students "to reconnect with an
experiential awareness of your own existence" through a series of
exercises.
(R.4-Ex. 35 at ii.) In the final exercises of this section, students
are taught
to "assume control" of their beliefs. (R.4-Ex. 35 at 32 & 35.) Students
begin
the exercise by stating out loud a short phrase from one of two lists
in the
materials, thirty-one phrases in all. They are instructed to recognize
any
associations that arise in their minds as they say the phrase. For
instance, a
student might say, from the list, "I have everything I need," and then
recognize exceptions that pop into his head, such as "except for a new
pair of
shoes." The student is then taught to repeat, exaggerate, and eliminate
this
association. A student demonstrates control, and thus completes the
exercise,
when he can say all of the phrases on the two lists without any
associations.
The student is then invited to create his own phrases and eliminate any
associations he may have with them.

The Source Course, whose Section II is entitled "Experiencing Reality,"
closes
with a similar exercise. (R.4-Ex. 37 at 33.) A student is told to state
out
loud a short phrase from one of three lists, thirty-four phrases in
all. If any
associations arise, the student is told to repeat, exaggerate, and
eliminate
them. The exercise is complete when the student can say all of the
phrases on
the list without associations. Once he has completed the exercise, the
student
is invited to create his own phrases.

These exercises are themselves similar, but the most damning similarity
is
evident from a comparison of the suggested phrases. In his list, Braun
uses
many of the phrases that Palmer uses:

The Avatar Course The Source Course

I am happy to be me. I'm happy being who I am.

I am right here. I am right here.

I am me. I am just me.

I am source. I'm the source of it all.

I don't know where I am. I don't know where I am.

I feel like a victim. I feel like a victim.

I am not a victim. I am not a victim.

The past doesn't exist. My past doesn't exist.

Everything I see is illusion. Everything I see is illusion.

What I see is real. Everything I see is real.

I create what I experience. I own what I experience.

I have everything I need. I have what I need.

My mind is still. My mind is quiet.

I am relaxed. I am relaxed.

I create it all. I create everything.

(R.4-Ex. 35 at 34 & 37.) (R.4-Ex. 37 at 34.)

Out of the thirty-plus phrases chosen for each of these exercises,
fifteen of
the phrases are identical or almost identical.

2. Section III

Both works exhibit similarity in their third sections as well. Section
III of
the Avatar Course teaches students "a simple and effective technique
for
managing beliefs" called the "Creation Handling Procedure" ("CHP").
(R.4-Ex. 36
at ii.) The CHP allows students to dissolve unwanted thought forms in
six easy
steps. Section III of The Source Course, entitled "Changing Your Own
Reality,"
teaches the "Thought Dissolving Process" ("TDP"). (R.4-Ex. 37 at
37-51.) While
the TDP takes a lengthy eight steps to achieve the same results, the
process is
the same and is described in similar words. For instance, step one in
the
Creation Handling Procedure asks students to "[i]dentify with and
experience"
the thought form by "merg[ing] with [it] and feel[ing] how it feels."
(R.4-Ex.
36 at 4.) In the Thought Dissolving Process, step one asks students to
"[g]rok"
the thought form. (R.4-Ex. 37 at 42.) "Grok" is a verb drawn from
Robert
Heinlich's Stranger in a Strange Land and is defined in the Oxford
English
Dictionary as "[t]o understand intuitively or by empathy, to establish
rapport
with." 6 Oxford English Dictionary 864 (2d ed. 1989).

The remaining steps in these processes are also explained in similar
language.
Step two in CHP asks students to "[d]efine the outermost limits" of the
thought
form (R.4-Ex. 36 at 4); TDP instructs students to "[e]xpand to its
outer edges"
(R.4-Ex. 37 at 42). CHP's step three is "[l]abel it without judgment"
(R.4-Ex.
36 at 5); TDP's is "[o]bserve it without filters" (R.4-Ex. 37 at 43).
In step
four of CHP, students are told to "[d]isassociate from the creation" by
saying,
"This is not-I. This is my creation." (R.4-Ex. 36 at 6); TDP student's
are told
in step four to "[s]ay to yourself, 'This isn't me. It's something I
created.'"
(R.4-Ex. 37 at 43). Step five of CHP tells students to "[d]iscreate the
creation" by halting "an existing flow of energy" as one would "turn
off a
light at the switch" (R.4-Ex. 36 at 6); step five of TDP tells students
to
"[d]ecide to drop it, or let it dissolve" by "switch[ing] off its
energizing
force" (R.4-Ex. 37 at 43). CHP, in step six, asks students to "[c]reate
what
you prefer" and use CHP to eliminate any unwanted associations in the
new
creation. (R.4-Ex. 36 at 6.) TDP tells students, in step seven, to
"[d]ecide
what, if anything, to put in its place" and, in step eight, to "[s]ee
if any
'Yeah, buts' arise." (R.4-Ex. 37 at 43.) If "Yeah, buts," or unwanted
associations, do arise, TDP instructs students to "use the TDP on them
individually" (R.4-Ex. 37 at 43).

While both works suggest that this procedure may be used on any and all
beliefs, they both instruct students to focus the procedure on similar
beliefs.
Section III of the Avatar Course materials first directs students to
focus on
thoughts about their bodies. It then focuses on beliefs about
limitations,
identities, and persistent beliefs. For really persistent beliefs, the
CHP
teaches students to acknowledge that "It's all right to feel like
this."
(R.4-Ex. 36 at 66.) Finally, students are directed toward an
understanding of
the "collective consciousness" (R.4-Ex. 36 at 67-69).

The Source Course takes its students on a similar journey. It focuses
the TDP
on the body, then on identities, then on doubts, and finally on
persistent
beliefs. When confronted with really persistent beliefs, students are
told to
affirm that "It's OK to feel the way I do." (R.4-Ex. 37 at 50.) The
Source
Course then suggests that the TDP be used on others' consciousness.

And the similarities do not end there. Throughout The Source Course,
Braun
discusses Palmer's ideas and exercises in similar terms. Where Palmer
calls
identities "suits of clothes" (R.4-Ex. 4 at 116), Braun calls them
"disguises"
(R.4-Ex. 37 at 15). When Palmer asks students to "[s]elect a quiet,
comfortable
space" for meditation on body image (R.4-Ex. 36 at 30), Braun directs
them to
"[j]ust lie down comfortably in a pleasant place where you won't be
interrupted" (R.4-Ex. 37 at 45). Palmer calls persistent beliefs "core
creations" (R.4-Ex. 36 at 60); Braun calls them "core issues" (R.4-Ex.
37 at
50).

C. COPYRIGHT INFRINGEMENT?

Contrary to the district court's finding, there are substantial
similarities
between the Avatar Course and The Source Course, both literal and
nonliteral.
But similarity is not enough. Palmer must also show that these
similarities
infringed upon his copyrightable expression.

The first type of identifiable similarity is of the nonliteral variety.
Braun
organizes The Source Course in three sections. In Section I, he
introduces the
same idea of consciousness that Palmer introduces in Section I of the
Avatar
Course. He then, in Section II, translates this idea into exercises,
and the
exercises Braun chooses are the same exercises that Palmer describes in
Section
II of the Avatar Course. Once the student achieves the proper results,
the same
results that Palmer's students achieve, Braun then moves them along to
Section
III. In Section III, Braun's students learn a meditation technique that
is
identical to the meditation technique described in Section III of the
Avatar
Course. To describe the meditation process, Braun uses labels and
descriptions
that are similar to Palmer's labels and descriptions. Once this
technique is
mastered, Braun instructs his students to focus the technique on areas
of their
life that are identical to the areas that Palmer suggests to his
students.

Braun's exercises are virtually identical to Palmer's exercises, and a
layman
might conclude that The Source Course was appropriated from the Avatar
Course.
However, Braun's appropriation is actionable only if he copied Palmer's
expression, not his ideas, procedures, processes, and systems. See 17
U.S.C. ?
102(b) (1996). Palmer's exercises, while undoubtedly the product of
much time
and effort, are, at bottom, simply a process for achieving increased
consciousness. Such processes, even if original, cannot be protected by
copyright.

But Palmer's expression is protected by copyright. On occasion, Braun's
descriptions of the exercises come dangerously close to Palmer's
descriptions
of the exercises. These descriptions might be accurately characterized
as
processes, but they might not, and Palmer may ultimately show that, by
paraphrasing these descriptions, Braun infringed on protected
expression. In
this case, as in many copyright cases, the line between process and
expression
is not easily drawn, and this difficult issue must be resolved on the
totality
of the facts.

The examples of literal similarity also present some thorny issues.
Braun
copied fifteen sentences from the Avatar Course materials. The district
court
found that these fifteen sentences represent de minimis infringement.
But,
while fifteen sentences is only a fraction of the number of sentences
in
Braun's 53-page work, these sentences must be viewed in context. Braun
uses
these sentences as part of the same exercise for which Palmer uses
them. The
Source Course introduces this exercise in the same part of the course
as the
Avatar Course. In both courses, students learn, by concentrating on
these
particular sentences, how to control their beliefs. The completion of
this
exercise allows students to move on to the meditation exercise in
Section III,
which, in both courses, is the penultimate exercise before
enlightenment. Braun
does not inadvertently sprinkle his work with Palmer's sentences;
instead, he
uses the same sentences in the same exercise as Palmer and intends to
achieve
the same results with them. This use is not de minimis.

However, Braun argues that these sentences are so simple in structure
and
content that they are covered by the merger doctrine. On their face,
these
sentences, taken individually, seem to be of the type embraced by the
merger
doctrine. But we must bear in mind that these phrases are part of an
exercise
whose ostensible purpose is to teach mental control. The purpose of the
exercise might be served by any phrases, regardless of their content.
In such a
case, Palmer's selection of certain sentences may be protected by
copyright,
even though the sentences themselves are covered by the merger
doctrine. (4)
While the district court did not discuss the merger issue, we believe
that it
raises difficult questions that must be addressed.

While the district court erred by finding that The Source Course is not
similar
to the Avatar Course, this case presents other difficult questions,
regarding
the idea-expression dichotomy and the merger doctrine, that may
ultimately
prevent Palmer from succeeding on his copyright-infringement claim. We
express
no opinion on how these issues will finally be resolved. See Cafe 207,
Inc. v.
St. Johns County, 989 F.2d 1136, 1137 (11th Cir. 1993). We hold only
that the
district court did not abuse its discretion by denying a preliminary
injunction
on the basis that Palmer did not show a substantial likelihood of
success on
the merits of his claim.

IV. CONCLUSION

The district court did not abuse its discretion by concluding that
Palmer was
unlikely to succeed on the merits of his copyright-infringement claim.
Therefore, the district court's denial of Palmer's request for a
preliminary
injunction is affirmed.

AFFIRMED. (5)


FOOTNOTES


*. Honorable James H. Hancock, U.S. District Judge for the Northern
District of
Alabama, sitting by designation.

 




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