O.T.O. and The Writing on the Wall

Ordo Templi Orientis Phenomenon

"Caliphate-O.T.O. Win" and The Writing on the Wall

The following post was not written by Peter-R. Koenig,
but by Anthony Naylor before he lost his case against the 'Caliphate'

In September 1999, the 'Caliph' of the 'Caliphate' (Breeze)
commenced litigation against Symonds/Naylor/Mandrake Press
for alleged copyright infringement. The question as to the
'true' O.T.O. was initially an issue but during the
preliminary exchange of correspondence the 'Caliphate'
changed their primary plea from one based on Crowley's Will
(being unable to show a chain of continuous Legal-Identity)
to the purchase from the Official Receiver (OR) in 1991.
The 'Caliphate' lawyers asserted their claim that Crowley's
Last Will and Testament was invalid + writing in open
correspondence to Naylor 17th September 1999 ... "our
client's primary contention is that the copyrights are not,
and never have been, ... part of Crowley's testamentary
estate" and in the same letter ... "no question of our
client being 'consider(ed) as a beneficiary' arises"!
The Judge summed up the preliminary hearing on Thursday 19,
October 2000. He found that the Official Receiver had
acquired the Crowley Copyrights in 1935 (and other
copyrights thereafter) and that the assignment in 1991 by
the Official Receiver for the rights he "may have, if any"
was lawful. 'Caliphate' had successfully argued at the
hearing that they had bought their spiritual heritage for
£3000.00, declared Crowley's 'Will' invalid and
retrospectively stripped Crowley of his human rights from
1935 until his death in 1947.
Despite popular opinion to the contrary (no doubt gleaned
from an American's interpretation of the wording of an
English Judge's written order) it is possible for
Symonds/Naylor/Mandrake Press to make an appeal direct to
the Appeal Court.
However the Judge's comments on the worth of the copyrights
mentioned in the OR's contract with Breeze seem more

This text was posted to this website on Monday 23 October 2000:
       The Judge ruled on Thursday 19, October 2000.
       MENE, MENE, TEKEL, UPHARSIN. Daniel 5:25
       1. 'Caliphate'-O.T.O. were assigned the literary copyrights (so far
       as subsisting) by the Official Receiver in 1991.
       2. The Official Receiver did not assign the rights to the artistic
       works (Drawings, Paintings and interest in Thoth Tarot paintings) to
       the 'Caliphate'-O.T.O. in 1991.
       3. 'Caliphate'-O.T.O. did not inherit the copyrights through the
       Will and thus all previous claims under the Will are null and void
       (including prior USA Court Rulings). This route is now blocked
       forever to the 'Caliphate'-O.T.O.
       4. Grady McMurtry did not buy 25% of Magick Without Tears from
       Crowley because the copyrights belonged to the Official Receiver.
       5. After his Bankruptcy in 1935 Crowley infringed copyright by
       publishing books that he had written as the copyright automatically
       belonged to the Official Receiver.
       'Caliphate'-O.T.O. admitted "That the Trustee in bankruptcy warranted
       that neither he nor his predecessors as trustees following the
       receiving order on 15th February 1935 had previously assigned or
       otherwise dealt with any of the Crowley copyrights or any interest


The Judge has ruled that the 'Caliphate' have a lawful
assignment from the Official Receiver for the rights he held
(if any) in 1991. In other words, 'Caliphate' have yet to
prove any rights actually exist! The Judge signalled this
view by his use of the phrase "as far as subsist".
Furthermore, to win the case against Symonds/Naylor/Mandrake
Press, 'Caliphate' must first prove any such rights do exist
and then, and only then, can they address the issue of
alleged 'infringement'!
The power to enforce the rights (if any) "as far as
subsists" may already be lost due to the time limitations
and the failure of the OR to protect the rights (if any)
from 1935-1991.
Also, 'Caliphate' may be denied the opportunity to enforce
the rights(if any) against Symonds/Naylor/Mandrake Press due
to the length of time between the purchase from the OR, and
the issue of proceedings.
The judgement effectively makes all previous court rulings
based on the Will null and void, it also makes the sale of
25% of "Magick without Tears" by Crowley to McMurtry null
and void.
The Judge also ruled the assignment to the 'Caliphate' (by
the Official Receiver) was defective and did not include the
artistic rights (i.e. Thoth).
All previous registrations of copyright by the 'Caliphate'
are null and void prior to 1991.
Therefore, all previous 'gains' by 'Caliphate' are lost
No alternative claim on the Will can now exist ... that
claim (and any claim based on the Will) has been
extinguished forever. [Except in the event of a successful
appeal by Symonds/Naylor/Mandrake Press]
- The Judge stated that the OR had the copyrights in 1935.
- 1947 Crowley thought HE still had his own copyrights
  (they were not mentioned at his bankruptcy and obviously
  he had not been contacted since 1935 by the OR).
- John Symonds was never contacted by OR.
- No publisher has EVER been contacted by the OR (to protect the
- The OR himself wrote he has never previously dealt with the
- There are statutory limitations on taking legal
  actions ... it has been left too long, the rights are
  undoubtedly extinguished. 64 years is a long time ...
  (1935 - 1999).

'Caliphate' lawyers readily admitted (and indeed positively
argued the fact) at the recent hearing that the OR had never
ever "assigned or otherwise dealt with the said rights (if
any)". Furthermore, even the OR himself acknowledged that
any rights that may exist may not be actionable i.e. the
assignment was only for "accrued rights of action (if any)
to protect the said rights (if any)". Retrospective rights
of action are not mentioned in the assignment AT ALL!
Basically what the 'Caliphate' has "won" so far is the right
to wave a piece of paper. The 'Caliphate' have yet to
establish that the rights even exist. All they have 'won'
(established) so far is that the OR had the copyrights in
1935 and that the assignment for the "may have, if any" made
in 1991 was lawful and nothing more!
'Caliphate' has thrown away all its previous gains and put
all its eggs into the risk-laden basket of "may have, if
any" and "as far as subsist" backed by the "accrued rights
of action (if any) to protect the said rights (if any)".
The trial has not even begun yet + all that has taken place
is a preliminary hearing — more hearings will undoubtedly
follow this before the full trial.
COPYRIGHTS and not their ability to wave paper flags.
[27 October 2000]

Below section was posted to some Egroups on 14 November 2000:

OTO Wins Copyright Dispute in UK ================================ "The OTO has won its copyright suit against Tony Naylor in England. The terms do not allow Naylor to appeal. We are still waiting for more detailed information, but the above has been confirmed by an international officer of the OTO." wrote Tim Maroney, www.beastbay.com and only a week later . . . Tim Maroney wrote on www.beastbay.com/beastbay/972084154/index_html "People who were willing to state in public that the OTO had won the case a week ago are not willing to make the same statement now, and in fact are trying to distance themselves from that position." - - - - - - - - - - - - A REVIEW - - - - - - - - - - - - - - - - - 'Caliphate' have bought the "may have, if any" with the "accrued rights of action (if any) to protect the said rights (if any)" but only "as far as subsists". Claims of ownership of the Crowley Copyrights made by 'Caliphate' prior to 28th March 1991 were based on Crowley's Last Will and Testament. On 18th October 2000, in the Court case against Symonds/Naylor/Mandrake Press, whilst lawyers acting for 'Caliphate' successfully argued their case (i.e. we bought them in 1991), they were, in effect, also arguing that the 'Caliphate's' previous claims (i.e. we inherited them in 1947) were false. The Judge accepted the 'Caliphate' lawyers arguments and ruled that the 'Caliphate' did indeed have a lawful assignment from the Official Receiver for the Crowley Copyrights he held (if any) in 1991. i.e. The Crowley copyrights were held by the Official Receiver from 1935 and were NEVER owned by 'Caliphate' via Crowley's Last Will and Testament. On 28th March 1991 the Official Receiver assigned the rights he "may have, if any" and "accrued rights of action (if any) to protect the said rights (if any)" to 'Caliphate' for the sum of œ3000. Publishers may wish to note that the 1985 Court Ruling in the USA was binding ONLY ON the Defendant MOTTA (SOTO). i.e. The 1985 ruling only applies to Motta and does not apply to the whole world! In order to apply to the whole world, the case should have included additional "fictitious defendants". This case is now of no consequence to Publishers and of no value to 'Caliphate'. SOTO would need to seek legal advice relating to the consequences of recent events. Publishers should also note that the 1991 assignment does not mention any RETROSPECTIVE RIGHTS and it is possible that any monies previously paid by publishers in royalties to 'Caliphate', for acts of publication prior to 28th March 1991, are now fully recoverable with interest (this would perhaps include sums paid in settlement of alleged 'past infringements' where 'Caliphate's' claims were based on Crowley's Last Will and Testament). Publishers of Crowley material who have paid royalties to the 'Caliphate', for acts of publication prior to 28th March 1991, may now wish to seek legal advice regarding the legal-scope and consequences of the assignment. A text copy of the assignment can be found here In addition, existing Publishing Contracts signed prior to 28th March 1991 may now be found to be null and void and all monies previously paid also fully recoverable with interest. It may be significant that 'Caliphate' first became aware that the Official Receiver was offering to sell the copyrights circa 1986. Although the Judge has apparently ruled that the 'Caliphate' has a lawful assignment 'Caliphate' have yet to prove that any rights still exist and if any such rights do exist, that those rights are still actionable. The power to enforce the rights (if any) may have been lost before the assignment to 'Caliphate' (due to the Official Receiver's failure to protect them in the 56 years he held them). 'Caliphate' lawyers obviously argued in court (18th October 2000) the validity of the assignment which clearly states that the Official Receiver had never ever "assigned or OTHERWISE DEALT WITH the said rights (if any)" from 1935 - 1991. Finally, 'Caliphate' may be unable to bring any further proceedings against ANY existing or new Publishers by reason of Statutes of Limitation (3 years for existing works in Switzerland but the law varies from country-to-country). Additional impediments to prove 'infringement' may also exist in individual cases. For further comment on the case "Ordo Templi Orientis Inc. -v- Symonds/Naylor/Mandrake Press see :- http://www.parareligion.ch/dplanet/or/or6.htm [which is this webpage] Enquiries made with the Court confirm that a copy of the Judge's ruling is not available as the proceedings are not 'public'. It is assumed that neither party can (or is willing to) publish the ruling as it is copyright and cannot be published without the copyright holders permission (the Court)! CROWLEY'S ORDO TEMPLI ORIENTIS ------------------------------ Another 'O.T.O' has received a 'friendly-warning' from a 'Caliphate' Officer* involved in the administration of the Symonds/Naylor/Mandrake Press case that they are the next target for litigation on issues such as the use of the Lamen and the name Ordo Templ Orientis on their publications. [*The same 'Caliphate' Officer has also given a 'friendly-warning' to at least one company about selling Mandrake Press books despite the fact that the case of Infringement has yet to be proved!] Those threatened by 'Caliphate' should note that 'Caliphate' cannot show a chain of identity between Crowley's O.T.O. and the US Corporation calling itself Ordo Templi Orientis Inc. In the Symonds/Naylor/Mandrake Press case 'Caliphate' obviously preferred to rely on the purchase of 'rights' rather than their previous claims of inheritance. It should also be noted that there is considerable evidence available to support the contention that Crowley's O.T.O. ceased to function with Germer. Once again it must be stressed that the 1985 US Court ruling ONLY applies to Motta (SOTO) and is of little or no consequence to anyone else any more! Any claim to exclusive rights to the Lamen are also questionable. Copyright claims have yet to be proven . . . . . . bought the "may have, if any" with the "accrued rights of action (if any) to protect the said rights (if any)" but only "as far as subsists". Claims by 'Caliphate' to own trademark rights may also be vigorously refuted on similar grounds i.e defective ownership of copyright in the design etc., widespread use from 1907, lack of rights of action (if any) to protect the said rights (if any), lack of uniqueness of design, Statutes of Limitation, passive consent through failure to act . . . etc., etc. Individual circumstances and impediments may prevent 'Caliphate' litigating against those organizations who have used the Lamen for a number of years. Persons wishing to act on the contents of this document should seek legal advice.

Some background information

Lawyers and Historians: The 'Caliphate' versus the Truth? — Introduction

the Maine decision 1984   [to the disfavour of the 'Caliphate']      |      the California decision 1985  [to the favour of the 'Caliphate']
Purchase of the copyrights on Aleister Crowley from the Official Receiver (OR)
The 1999 Particulars of Claim ['Caliphate']
Financial Reports 1996-1999 of the 'Caliphate'
Erraneous opinion on the International Copyright Situation. Text by Anthony Naylor before he lost his case against the 'Caliphate' in 2000
What the 'Caliphate' does not want you to know . Text by Anthony Naylor before he lost his case against the 'Caliphate' in 2000
Crowley's Probate. Text by Anthony Naylor before he lost his case against the 'Caliphate' in 2000
'Caliphate' Capers. Text by Anthony Naylor before he lost his case against the 'Caliphate' in 2000. Based upon a draft by James Graeb
Structure, Constitutions and Money. Partly written by Anthony Naylor before he lost his case against the 'Caliphate' in 2000
Library of Congress, letter dated September 6, 2000
2000, July: An analysis of the Bylaws of the 'Caliphate' and its Board of Directors. By James Graeb
2000, July: Incorporation of O.T.O., Argentum Astrum and E.G.C.
2000: "Caliphate-O.T.O. Win" and the The Writing on the Wall. Text by Anthony Naylor before he lost his case against the 'Caliphate' in 2000
Court Order of October 2000
James T. Graeb, co-founder and IX° of the 'Caliphate', a lawyer, calls the 'Caliphate' a "Puppet Show Piece" and files suit vs William Breeze, William Heidrick, Marcus Jungkurth et alii in 2001
The 2002 Ruling
The Summary so far

Ordo Templi Orientis - Trade Mark - Starfire Publishing Limited

Kenneth Grant Aossic Typhonian Ordo Templi Orientis
Kenneth Grant
John Symonds Aleister Crowley The Great Beast King of the Shadow Realm
John Symonds
Francis King
Francis King

Some Things

Court Case H.J. Metzger vs Walter Englert in the 1970s
1991 Opinion of a German prosecuting attorney's office on the body of the 'Caliphate' Erfahrungsbericht eines O.T.O.-Mitglieds im Zusammenhang mit dem Gerichtsprozess 'Caliphat' gegen Hänssler-Verlag, 1990 Unsuccessfull attempt in Yugoslavia
Censorship in the UK
The "Caliphate" Book Patrol: Fahrenheit 418
Paul Joseph Rovelli versus the 'Caliphate', New York January 2000
1998, July 17 - 2000 October Austrian situation on Copyrights     [German and English]
Trademark O.T.O.. By Leslie Anne Childress
2007 'Caliphat' Kasino in DeutschlandEnglish translation: 2007 'Caliphate' Casino2008: Honesty is the best Policy: 'Caliphate' O.T.O. / William Breeze lost in a legal case Deutsche Version: Ehrlich währt am Längsten: Warum der O.T.O. gegen P.R. Koenig verlor

Items of Historical Interest

In 1930, Karl Germer sent a description of the Aleister Crowley LTD. to Fernando Pessoa
Karl Germer, L. Wilkinson and Lady Harris

Other Background

The 'Caliphate'
Discussion about the  instrument of succession. An introduction to the background, followed by a transcript of such discussion
National Grandmasters and OHOs of the O.T.O.
Minutes of the 11 IX°s 'Caliphate' election in 1985 where it was clearly said that the 'Caliph' is not the juro OHO
Playgame of an O.T.O.-Fatamorgana — Statistics, Censorship, Name Dropping. 2011. Gaps in the Script of Esotericism: Hypocrisy and Hypercrisis – Oscar Wilde: Ambition is the last resort of failure
Fetish, Self-Induction, Stigma and Rôleplay. 2011.

More about all this in: Andreas Huettl and Peter-R. Koenig: Satan - Jünger, Jäger und Justiz

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