Below is reproduced the exact text of the Affidavit of Michael William Martin, author and copyright-owner of Aldus Super 3-D graphics software for the Macintosh. Mr. Winter used Mr. Martin's software to reproduce Mr. Tenen's copyright sculpture in computer graphic form against Mr. Tenen's and Meru Foundation's express prohibition. Mr. Winter then sold these illegal reproductions, embedded in illegal copies of Mr. Martin's software, to the public.
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
STANLEY N. TENEN and CYNTHIA TENEN,
husband and wife; and MERU FOUNDATION, )
a California non-profit corporation, ) NO. #6:94CV7934
DANIEL WINTER, individually and d/b/a )
DANIELWINTER AND FRIENDS and d/b/a )
CRYSTAL HILL INSTITUTE, )
AFFIDAVIT OF MICHAEL WILLIAM MARTIN
STATE OF TEXAS )
COUNTY OF WALLACE )
I, MICHAEL WILLIAM MARTIN, being duly sworn and upon oath, depose and
I reside at 16463 Parksley, Houston, Texas 77059, and the statements that I make in this affidavit are based on my personal knowledge and observations, except where otherwise stated.
I am the original author of computer software entitled Aldus Super3-D, which is software that is designed to operate on Macintosh desktop digital computers for displaying various kinds of graphical images on a computer monitor.
At present, I am an employee of DUAL, Inc., a subcontractor of Lockheed Corporation.
I own the copyright in that software, which copyright was registered with the United States Copyright Office in 1991, copyright registration certificate number TX 2-946-388. A true copy of the copyright registration certificate is attached hereto as Exhibit 1.
I first licensed the marketing rights for the Aldus Super3D software to Silicon Beach, Inc. Thereafter, Aldus Corporation bought Silicon Beach in 1991, and marketed the software for a period of time, then discontinued further marketing.
The software is not obsolete; for example, it is still used extensively by the National Aeronautics and Space Administration, and I still receive some inquiries from users of the software. I am not licensing Super 3-D to anyone at this time, because of the personal time and expense involved in supporting it. Neither Meru Foundation nor anyone else can obtain a license to sell Super 3-D at this time.
Daniel Winter of 9411 Sandrock Road, Eden New York 14057, contacted me about two years ago and sent me a packet of his materials, including his video tape, "Sacred Geometry: The Unified Field." Daniel Winter requested my permission to use Aldus Super 3-D software in creating video and print materials for sale and distribution. I did not give him permission to do that with my software. He sent me his check for one hundred ten dollars ($110.00). I did not negotiate his check. He continued to telephone after that, but I refused to speak to accept his telephone calls. Even though Daniel Winter made numerous telephone calls to me, I no longer returned his telephone calls. I have never, at any time, given Daniel Winter permission to incorporate Aldus Super 3-D software into a CD-ROM for any purpose.
When a person purchased Aldus Super3-D software, the extent of his permission was to use the software for his personal use, and to make back up copies of the software for his personal use only. Purchase of a copy of the software did not grant the purchaser permission to give, loan or sell a copy of the software to any person, and certainly did not grant the right to incorporate the software into a CD-ROM to be given away, sold and/or distributed to the public, which I understand is what Daniel Winter is now doing with his CD-ROM, entitled "The Language of Geometry Animated." A true copy of the license agreement that accompanied the software is attached hereto as Exhibit 2.
MICHAEL WILLIAM MARTIN
[Notarized and signed on 23 January 1995]
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