Shu2jack said:
That is fine, but they kept teaching our stuff. Why? Probably because it was easier than making up an entirely new system and that all their students would have to relearn a new system.
Why should someone who spent 10 years in the organization learn it all and simply be able to leave and make money off of other people's work?
And you are right, they can take the same material and teach it in their own manner. My 2nd degree form has 82 movements in it. I'm sure I can find a way to change half of those movements and still practice what I want to. The ATA would be happy because changing the forms in that manner destroys what they are meant for and you still can practice what you want and what you have learned.
Ok, for your first point, I don't think many people would feel it necessary to create a whole new system just because they have cut ties with their old organization. The arts are always changing for many reasons, but I don't think too many people would see a need to completely change everything, and try to create an entire system that is new. Can't really do it anyway, because there is soo much overlap from one art to another as it is. Whatever one person might 'invent', someone else is probably already doing it somewhere (on a technical level anyway; obviously forms are created, but often they are just recycled techniques that have been repackaged into a new order).
For your second point, why should someone not be able to leave an organization after 10 years (or however long), and be able to make money from what he has learned? If he learned it well, reached instructor level, I don't think he can be stopped if he decides to teach others after breaking away from an organization. We spend four years in college, earn a degree, then go and start a business and make money from what we have learned. We don't have to remain in good standing with our college, or send them kickbacks for the profit we have made.
For the third point above, I guess I wasn't envisioning re-arranging the forms to make them different. I was really thinking in the line of a 'philosophy of teaching' kind of approach. I am not sure exactly how to explain this, but I wasn't referring to actually changing the material, just using your own personal approach in how it is taught.
Here is another thought to chew on. Let's say a person who has broken from the organization continues to teach the material, and the organization then files a law suit to get him to stop, and maybe even pay damages of some sort. Assuming that their copyright on the material holds up, how would they even prove to the court that this person is in violation? I doubt they would be able to force the rogue instructor to perform his forms for the benefit of the court, and then pick them apart piece by piece to show a certain degree of similarity. The instructor could just claim that he is not teaching the same thing. If they were successful in forcing him to perform for the court (something that I think would be extremely unlikely), he could make up some nonsense on the spot, claim that is what he is teaching, and who could argue with him? And even if he did the forms legitimately, the court is in no position to determine if this is the same thing or not. The court is not an expert on the martial arts, or on this particular martial art. So then both sides hire 'expert witnesses' who testify that the forms are the same or are not the same, but it is all really a bunch of nonsense. The organization's expert witness testifies that it is the same because it looks 'significantly' the same (whatever that means), and the instructor's expert witness testifies that it is different because he holds his fist slightly different in eight different places,and he doesn't kick as high. it is basically the word of the org. vs. the word of the instructor. I think it would be a very difficult case to fight. The nebulous nature of this material is what makes it difficult to prove. This is not a tangible product like a bootlegged DVD, where it can be proven that someone copied an original and distributed it unlawfully.
I am playing something of the Devil's advocate here. I am not trying to say that everyone should ditch their parent organization and go it alone. If someone belongs to an organization and they are happy with the arrangement, and feel that they benefit from the relationship, then I think he should stay with it. But there are many reasons why someone might choose to leave an organization. If this happens, I just don't see how the organization can take a position that the person can no longer teach what he has learned and knows.
Anyway, it has been a very thought-provoking discussion!