Page:Penguin Books v. New Christian Church of Full Endeavor.pdf/34

 rather than descriptive. Consider, for example, the first lesson in the Workbook. It begins:

"Nothing I see in this room [on this street, from this window, in this place] means anything.
 * 1) Now look slowly around you, and practice applying this idea very specifically to whatever you see:"

Workbook p. 3 (boldface, square brackets, and italics in original). The boldfaced statement could be construed as a fact, yet not necessarily; it is also a prescription. The goal of the lesson is to enable the reader to accept the boldfaced statement as a fact. More obviously, the statement "Now look slowly around you, and practice applying this idea very specifically to whatever you see," is a prescriptive command. It is not a statement of fact at all. The Workbook, in particular, is composed mostly of prescriptive statements. In this respect, the Course is fundamentally different from the work which was the subject of.

Additionally, the alleged infringements in involved the use of single words and phrases and conceptual titles. , 970 F.2d at 1072-77. Here, the alleged infringements