I Want Justice: Barchas vs. Lindwer, Concerning the Film and Book, The Last Seven Months of Anne Frank
The film and book, The Last Seven Months of Anne Frank, which was my idea and for which I did extensive research, wrote three synopsis/proposals and found four of the seven women in the documentary, was stolen from me by Willy Lindwer who was then residing in Holland and is now residing in Israel. Lindwer practiced fraud against me. I approached him with the idea for the documentary and we agreed that it would be a joint undertaking. The film, which won the 1988 Emmy Award for "Best Foreign Documentary," was shot behind my back in violation of all the understandings I had with Lindwer, and until now he's neither paid me anything for all my research and work nor paid me any royalties from the film or book nor made any mention in either the film or book of my name or of my extensive contribution to this project. When I was involved in this project Lindwer had promised me that it would be a joint undertaking and that I would be given credit for script and research. I took him to court in Holland in 1988 and 1989 and lost. What I thought would constitute a contract in an American court did not constitute one in a Dutch court. And I was to learn that copyright is not based on ideas, but on what one does with those ideas. Lindwer, who had tricked me out of the copyright with false promises, refuses till now to meet me in a Jewish court, where I would certainly recover my rights to the project by proving the extensive fraud he practiced against me. Jewish courts have no statute of limitations. In the early 1990's I wanted to take Lindwer to United States federal court, and American lawyers I spoke with thought I could quite possibly win the case as a "breach of fiduciary duty," (that is, a case of fraud), but those same lawyers each wanted at least $100,000 to litigate the case, a sum that was far beyond my means then, and statute of limitations in U.S. federal court has now long since expired. I will forever call upon Lindwer to meet me in a bet din (a Jewish court that operates by Torah law). I am commanded by the Torah to pursue justice, and I want justice. If I can be granted justice, then I want to make peace and heal with Willy Lindwer. I’m hereby asking him to take responsibility now to act justly by meeting me in a bet din and by abiding by its verdict, and that’s why I’ve listed here the ways he has wronged me. If I cannot receive justice in my lifetime then I ask my friends and supporters to please demand justice from Willy Lindwer or from his descendants and heirs for as long as it takes till justice is delivered. Torah law will bring us justice, and I want justice for myself and for everyone. And Anne Frank, whom I love very much, deserves to have her name associated with truth and justice.
David Eli Barchas