CLSA Blows Up a Big One!
It takes a lot to rile up canon lawyers. We are not known as a group, to be the most exciting crowd of people. In fact, like society, there is respect for canon lawyers in the Catholic Church, but we are not at the top of anyone’s who-they-are-dying-to-have-a-drink-with list. I have been a licensed canon lawyer since 1990, and I cannot remember an upheaval of disdain for an act of the Canon Law Society of America as I have witnessed recently. I am only one of many canonists who voice disappointment with the Society.
The CLSA, via its Board of Consultors/Governors (BOG), sent a cease-and-desist letter to a priest who maintains a very good canon law web site,
The google search engine describes Ninja as “a full text search reference for the Code of Canon Law and other related documents.” Father Paul Hedman is the web master. There are no ads or solicitations of any kind. He does not even ask for subscriptions or donations. He does this work purely as a service or, as his site introduction proclaims, “to be a resource for both professional and arm chair canonists.”
But the CLSA sent Father Hedman a “cease-and-desist letter” for the alleged infringement of its rights to its English translation of the Code of Canon Law. Now that is one heavy-handed, un-pastoral act against Ninja. This just goes to show that no good deed goes unpunished.
Canonists everywhere protested, very riled up! Canon Law instructors who often refer their students to this site for research purposes, canon lawyers who look to it for the latest changes to the Code, lay people who need a jumping off point to investigate their rights, they all may have to look to other online resources which, on the whole are ok, but not quite as good as the resources at Ninja.
I cannot help but feel a bit to blame for this. For thirty-three years, I served the CLSA in many key committee assignments and Task Forces, and was elected to a seat on the BOG. (sometimes, I like to remind certain people that I got more votes in that election than anyone else, including the man who ran for president). I have seen first-hand how CLSA operates, while working on my contributions published by the Society. So, for years I hedged my copyright bets to protect myself from what I considered the ineptitude of the Society in operating its publications non-empire. They didn’t take it well when I recently made them aware of my rights. They were not amused at all. They issued me what they considered a serious summons to personally appear before the BOG for questioning. I thought that was laughable. After I thought it over briefly, I ignored its subpoena-sounding summons ( and no, they have no Bench Warrant Police in canon law). I was appalled at its heavy-handed treatment of me. I figure that I have paid thousands of dollars in dues over the years. So, when it was time to renew my dues for the thirty-fourth time, I chose to let my membership lapse. I am very glad I did after seeing their “case” against Father Hedman.
A few months ago I was told by a BOG member that because of me, the BOG had retained a lawyer who specialized in Intellectual Property. Even though they are a dime a dozen in Washington, D. C. (CLSA headquarters), IP lawyers don’t come cheap. If I were still a CLSA member, I would quit this new CLSA craziness in support of Father Hedman. I would definitely not like my dues being used to deprive so many of the talents of Father Hedman and the excellent Ninja resource. Father Hedman has inquired about the possibility of ending this bullying (my word), by paying a licensing fee to CLSA. Since his site brings him no income, it would probably be out of his own pocket (as would any legal retainer he would need to defend himself). The CLSA has not made a statement on this and I can’t help but think: what could they possibly say to justify this? The Society does not pay for contributions to its publications; it takes any profits. Members do it without remuneration, just like Ninja and his web site. The best deal I ever saw for hard research and writing for a CLSA publication in its hay day (quite some time ago), was two free copies of the publications I contributed to.
Catholic web sites and news publications too, have rallied to Father Hedman’s defense. Social Media loves topics against anything Catholic. The CLSA has certainly given legs for social media to gang up on Catholicism once again. If I really am the indirect cause for your ignorant and disrespectful treatment at the hands of the CLSA, Father Hedman, I apologize. Maybe I should send the CLSA a few Cease-and-Desist letters of my own.