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1) Choose a dozen yoga postures that are thousands of years old. Heat room. 2) Claim copyright for sequence of postures. 3) Sue anyone who offers a similar se
by andrewljohnson 14y ago
1) Choose a dozen yoga postures that are thousands of years old. Heat room.
2) Claim copyright for sequence of postures.
3) Sue anyone who offers a similar sequence, in a hot room.
It's sad that Yoga studios have to defend themselves against such frivolous claims, and this speaks to the biggest flaw in the US Court system. While the courts provide justice for evenly matched (moneyed) opponents, they also provide a potent weapon of intimidation for entrenched companies to stifle innovation and protect their turf.
- JonnieCache 14y agoDoes the loser not ever get made to pay the winners costs in the US courts?
- Wingman4l7 14y agoSometimes, sure -- but you still have to have the copious amounts of spare time to spend in court and the substantial capital to cover lawyer's fees up front, with the possibility that said capital will a) get "tied up" for a long time, until the case is settled and b) may not come back if you lose.
- TallGuyShort 14y agoI know there are certain penalties for "frivolous" claims, but I believe that accusing and proving a claim is frivolous is akin to a whole new lawsuit. IANAL (as if you couldn't tell from my vague, less-than-helpful post).
- scarmig 14y agoEven if the dozen yoga postures were created de novo, wouldn't it still be absolutely ridiculous? I should claim copyright on programming outside on a sunny day, or something.
- tzs 14y agoAt first glance, it doesn't seen obviously unreasonable for a yoga routine to be protected as a choreographic work. Sure, the individual postures are old and public domain, but that's also the situation with the individual moves in dance. On the other hand, dance is intended to entertain or to express emotion, and so fits in with other categories of copyrightable works. Yoga is intended as therapeutic or spiritual, and viewed in that light copyright would indeed be unusual. It's not at all obvious to me which of the above, if either, should be right, so this kind of case doesn't seem frivolous to me.
- 001sky 14y agoOn the other hand, dance is intended to entertain or to express emotion, and so fits in with other categories of copyrightable works. -- Wait, who's Emotion are expressed? Yoga and meditation are quasi-therapeutic practices (by intention of the original authors). The emotions expressed are not those of the "copyright holder" (Bikram) but rather of the practitioners (who own rights to their emotions). While not trivial, seems cut and dry in actual analysis.