AA Corporations Sue an AA Member


German translation of this page - - Spanish translation of this page

Background

In the 1970s, the official German edition of the Big Book of Alcoholics Anonymous had a large number of translation flaws. Probably the most serious problem was that nearly all appearances of the word "spiritual" had been translated as "mental" or "psychological." [1]

This is a critical mistake, as the AA program of recovery is thoroughly spiritual in nature, based upon reliance on a higher power. Seeking mental or psychological approaches (instead of spiritual) discourages reliance on a higher power, has the real potential to prevent successful recovery, and can be fatal.

The official German translation, in addition to being seriously flawed, was priced nearly five times higher than the cost to produce it [2], further compromising its ability to carry the message.


12th Step Efforts

Hundreds of AA members in Germany felt that these wrongs should be corrected, and began working through the German General Service Conference (GSC) in the 1980s to effect change. Despite many years of effort, the German GSC was unwilling to correct the text or reduce the price. In 1995, concerned AA members formed an AA Group--the AA Big Book Study Group (AABBSG)--and offered three different German translations of the first chapter of the basic text to the German GSO and the GSC at no cost. Without any input from the Fellowship, GSO declined to use the translations and returned them to the AABBSG. At this point the AABBSG printed and mailed about 10,000 copies to the groups to call for a group conscience.

In early 1996 the AABBSG registered with the European GSO. During a visit with the General Manager of the German GSO in February the AABBSG was informed that the German GSO had no objection to distribution of free big books. By this time the group had prepared and thoroughly reviewed their own translations of the basic text from the original multilith text (which had no copyright), and they paid a professional book manufacturer to print 10,000 copies. The group distributed these books at no charge, giving them away during the German convention, and paying shipping costs where face to face contacts were impossible. Soon a second printing was needed, and big book studies sprang up all over the country.


Problems Arise

In the summer of 1996, AABBSG began translating and giving away two pamphlets because they were badly needed for 12th step work.[3] In August 1996 George Dorsey of AAWS Inc. in the U.S. went to Munich and arranged with the German GSO a license agreement for the big book and these two pamphlets.[4] These agreements were kept secret and unknown to the fellowship until December 10th, 1997. Under terms of the agreement, the German GSO was authorized [5] to take legal action against AABBSG. AAWS Manager George D. orally urged AAeV General Manager Hans P. to sue, or else risk being sued himself [6] (presumably by executors of the Wilson estate, Michael Alexander and Owen Flanagan).

In April 1997 a criminal investigation of the AABBSG was conducted by the local authorities. Although the investigation produced no convictions some AA BBSG members (afraid of further consequences) signed agreements with AAeV to never again give away a big book, or else pay a $6,000 fine for each one to the German GSO. A few AABBSG members refused to sign this agreement and continued to give away copies of the original multilith text.

At this point the German GSO singled out one individual (Matthew) and added civil lawsuits to the ongoing criminal prosecution. [7] The AABBSG responded by printing copies of the first edition of the Big Book, for which the U.S. copyright had lapsed and was thought to have been forfeited by unrestricted publication of the multilith draft without copyright notice. These were also printed in languages other than German.


AAWS Inc. Steps In

At AAWS request, the German GSO sued Matthew and another individual for the foreign language editions, requesting up to $250,000 in fines for each language. [8] When the German GSO lost this lawsuit, AAWS Inc. itself brought suit for about $200,000 directly against Matthew for the free distribution of the foreign language editions of the first edition Big Book by AABBSG, as well as for purchasing a few big books in the U.S. and reselling them in Germany.

Although the printing was carried out by many AA members in more than one location, AAWS Inc. brought suit against one individual. More ominously, the actions of AAWS Inc. have been diametrically opposed to AA's principles--most notably Step 12, Tradition 5, and Concept XII, Warranty Five. In their zeal to win the lawsuit, AAWS Inc. testified to the German court that they were in no way bound by AA tradition, and indicated that the corporate bylaws of both AAWS, Inc. and the German GSO do not prohibit bringing lawsuits, in the expectation that the corporations sometimes must bring lawsuits in order to protect their assets.[9]

AAWS Inc. has also stated that they will continue to sue Matthew (and others) by all means possible. Although the German GSC delegates and relevant committees were asked to consider the topic and voted unanimously in 2002 that AAeV/German GSO is bound to adhere to AA Steps, Traditions, and Concepts, their President wrote a letter to the court that the German GSC had approved the lawsuits and he had no choice but to continue with litigation.


Current State of Affairs

By October 2003 Matthew had exhausted all his funds and became unable to pay for any further legal defense. The legal costs and probable punitive damages resulting from AAWS Inc.'s lawsuits will probably send him into bankruptcy, and possibly jail.

A translation of a recent letter can be found here.


Update, July 2004

Since April, 2003 Matthew has been making regular payments on the judgment to AAWS and AAeV. Apparently, this payment plan has become unacceptable, most likely because Matthew has not been willing to agree to other conditions requested by AA Inc.--specifically to: 1) reveal full names (break the anonymity) of others involved in these 12th step efforts; and 2) agree to never hand out another piece of A.A. literature--regardless of who published it.

Without Matthew's acceptance of these conditions, AAWS and AAeV have been unwilling to agree to any payment schedule, and have insisted that he must pay all fines, penalties, interest and principle of the judgment by July 20 or he will experience "Zwangsvollstreckung" (further law enforcement punishment).

Almost no financial support has come from fellow A.A. members. Matthew has personaly borrowed funds equivalent to nearly US$50,000 in order to fully meet AA Inc. attorney's demand--they will receive the money on July 20. This is the remainder (unpaid portion) of the initially demanded payments that are now required to be paid in full. Although AAWS financial demands will be met as required, the AAWS attorny Roth has informed Matthew in a recent letter that AAWS will now proceed with litigation/prosecution for "Schadensersatz" (punitive damages) which will likely result in considerably greater financial debts for Matthew.


Update, December 2004

As of December, Matthew has paid to AA Inc. about 40,000 Euro (approximately US$53,208) out of his own pocket. Although I have not seen the document, I am told that the 2004 financial report from the German GSO lists a gain of about 20,000 Eur from "other sources."

Update, March 2007

This update is pending, thanks for your understanding.

What You Can Do

If you feel that AA should not be engaged in lawsuits or that AA members should not be sued by AA, your contribution to help defend against these lawsuits would be gratefully accepted. All contributions will be used to pay fines and legal expenses resulting from German GSO and U.S. AAWS Inc. lawsuits against AA members. Please use the following link to send contributions by PayPal:
Other actions you may wish to consider include exercising the power of the purse (i.e., withholding 7th Tradition contributions to GSO, either U.S. or German) and/or writing to AAWS Inc. and to German AAeV and asking them to honor AA Warranty Five: AA should not be engaged in lawsuits.


Additional Reading

* Article discussing the General Warranties of Concept XII.
* Letter written by nationally recognized historian, Alcoholics Anonymous archivist and author Mitchell K.
* Four points to secure the future of AA.
* Essay by past U.S. delegate



Footnotes

1 The 11 chapters contain the word "spiritual" 108 times in the multilith manuscript and 106 times in the 3rd Edition. The German GSO translation of 1983 contains the word "spiritual" only eight times. The result of anti-spiritual efforts, it was mostly replaced by "seelisch -- psychological" and/or by "geistig -- intellectual." This, among other faults, compromised the spiritual foundation of our recovery program and contributed to an extremly high relapse rate of more than 95% among German AA members. (A detailed translation analysis can be downloaded here).

2 It was (and still is) sold for 25DM, while the estimated cost was 5-6DM. In fact, it could be manufactured for 2DM, less than one-tenth of the current selling price.

3 Click here and here for copies of the translated material.

4 Click here for a copy of the license agreement (in Adobe Acrobat format).

5 Click here for a copy of the authorization.

6 Personal communication from Hans P. to Matthew.

7 In the lawsuit AAeV claimed they were going to translate and publish the pamphlets themselves, but six years later GSO translation has not yet started and publication is not scheduled. The service material is not available to the fellowship.

8 Damages were not specified at that time, but have been requested by the plaintiffs. Actual damages would have to be determined in a subsequent lawsuit.

9 The work in dispute "Alcoholics Anonymous," and exclusive marketing rights, have been defended by AAWS Inc. with very expensive lawsuits both in Mexico and Canada.