david dorian ross testifies under oath that a master viewing the entire "Lower Body Chi for Beginners" DVD produced by Gaiam, Inc. would invariably conclude that he was not doing Tai Chi in the program.
THIS IS PART OF A PUBLIC RECORD: The deposition of david dorian ross taken by William Ford of the Ford Law Firm on Aug. 1, 2001, representing Terence Dunn, plaintiff in case BC 244453, styled as Terence Dunn and Interarts Productions, Inc. vs. Gaiam, Inc., Gaiam Holdings, Inc. Steve P. and Elizabeth A. Adams Holdings, Healing Arts Publishing, LLC, David Dorian Ross and John Does 1-100, filed in Los Angeles Superior Court in January 2000.
Terence Dunn sued Gaiam, Inc., et. al. for breach of contract, alleging that Gaiam instead of honoring the exclusivity provision in Dunn’s Distribution Agreement that prohibited Gaiam from marketing any Tai Chi videos other than Dunn's Tai Chi for Health Yang Short Form and Tai Chi For Health Yang Long Form videos, Gaiam had hired david dorian ross in 1999 to make three more "Chi" videos (Upper Body Chi, Lower Body Chi, and Energy Chi) after he made "A.M. Chi" for HAPI (CEO Steve Adams) in 1998, which, according to Dunns Complaint, all had Tai Chi as their principal subject matter but which Gaiam effectively disguised as "Qigong" programs by their titling ("Chi For Beginners") and descriptions on the videos' packagings, and which Gaiam then used to cannibalize Dunn's dominant market share from 1999 through 2003--a market share that was measured from Nielson Videoscan data for those years as accounting for 35% of all barcoded video titles sold with the world "Chi" in their titles. Dunn's damages claimed in the lawsuit as propounded by his damages expert, Consor Intellectual Asset Management, totaled approximately $2.4 million.
Throughout Ross's deposition, he contended that the Gaiam "Chi For Beginners" videos that he appeared in did not have Tai Chi as their principal subject matter even though he used the term "Tai Chi" throughout the videos, and named his exercises with terms of art specific to Tai Chi (e.g., "Open Back Like a Fan", "Fair Lady Works At Shuttle", etc., in "Lower Body Chi For Beginners"). Despite the fact that Ross's postures in the videos were physically identical to still images put in front of him of Terence Dunn's Tai Chi postures from his Tai Chi For Health Short Form and TCFH Long Form videos and to images of Tai Chi postures excerpted from ten published Tai Chi books, Ross consistently testified that NONE of the material he demonstrated in the videos were Tai Chi exercises because he did not have "the internal intent" to do Tai Chi.
However, Gaiam Inc.'s designated Tai Chi expert, Master Mao Xing Ni (son of Ni Hua Ching)--in a surprising turn during his deposition that flummox'd Gaiam's lawyers-- testified that the subject matter of 3 of the 4 ross videos (Energy Chi, Lower Body Chi, Upper Body Chi) was indeed Tai Chi-- thus flatly contradicting the bulk of ross's 5 hours of testimony under oath.
Dunn and Gaiam settled the lawsuit in September 2003.
Again, this video is a public record free to share and distribute. It and 14 other excerpts along with
Ross's entire deposition given that day is found at: