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compared with non-Nyingma employees. Many of the Nyingma
employees lived at the various Nyingma organizations. Petitioner
estimated that it saved over $500,000 a year in labor costs
because of Nyingma employees' below-market wages and efficiency.
During the years in issue, SMMT was continually being
developed and revised. Petitioner contributed to these revisions
by sharing its experiences with the use of SMMT. Tulku wrote
some of the SMMT materials. Maitland wrote an article about his
experiences with SMMT that became part of the SMMT materials
given to petitioner under the license. In 1994, DM published
"Mastering Successful Work", written by Tulku, as a sequel to the
1978 "Skillful Means". "Mastering Successful Work" is related to
SMMT and is based on the SMMT materials transmitted to petitioner
under the license agreement. Members of the Nyingma
organizations, other than petitioner, also applied Dharma in
their work. For example, Maitland practiced Dharma principles as
dean of the Nyingma Institute, and employees of SMP had also
practiced skillful means, which SMP had licensed from DM. SMMT
materials have been given to at least one other Nyingma
organization which did not have a license agreement with DM or
pay either petitioner or DM for use of the materials. During the
years in issue, petitioner did not market SMMT. In 1995,
petitioner held a 5-day seminar on SMMT, earning $7,500.
As part of the 1990 amendment to the license agreement, DM
also agreed not to compete with petitioner in the commercial
printing industry for 5 years and to refer commercial customers
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Last modified: May 25, 2011