pilatestransparencyproject 12-07-2023
- Jul 14, 2023
- 2 min read
July 12, 2023 by Pilates Transparency, Organizer
Hello friends and supporters of the Pilates Transparency Project! The work we are doing to keep Pilates instructional materials and images free and available to the public is chugging along. Legal actions and lawsuits take a long, long time and we wouldn't be able to keep fighting without your ongoing support. THANK YOU! Recently, there have been some *positive new developments* in the case and we wanted to update you. In February, Sean Gallagher, the man who is claiming copyright infringement, engaged new counsel which has delayed the court schedule. While Gallagher's original counsel did not intend to conduct depositions, the new attorneys subpoenaed five witnesses who had submitted declarations on behalf of True Pilates Boston. This is nothing more than a tactic not only to draw out the lawsuit, but also to harass our supporters. As part of that harassment, Gallagher's lawyers have wanted to engage in a fishing expedition of all of our witness's correspondence. The Court said no, but is considering allowing them to see some limited set of correspondence between the witnesses and our attorneys. Both sides have made their case over which documents need to be produced, and so the case is on hold pending a ruling from the magistrate judge (in charge of "discovery" disputes). The ruling could come at any time, but judges work on their own schedules. In addition, we've learned more about Gallagher's harassment of The New York Public Library. Our attorneys recently received copies of many documents from the NYPL, including correspondence between the library, Gallagher, and his then-attorneys. In this correspondence Gallagher not only doubles-down on his bogus copyright claims; he and his attorneys also attempt (unsuccessfully) to restrict patron access to the some of the Pilates-related collections and suggest that a Pilates instructor's library privileges be revoked. They further threatened to sue the library with contributory infringement (i.e. on the non-existent basis that the library has a legal duty to police copyrights.) The threat was rebuffed. We are grateful that the NYPL responded to our attorneys' subpoena, which helps us to expose Gallagher's bullying tactics to the world. (Gallagher himself refused to hand over this correspondence to our attorneys, despite repeated demands.) To win this case and put an end to Gallagher's specious and groundless claims, and his bullying tactics, it takes resources. Gallagher knows that small Pilates studios and libraries don't have the staff, the attorneys, or the money to fight back against his threats and long, drawn-out lawsuits. But we need to keep fighting. There is too much at stake. We must defend our ability to discover and share Pilates history and protect the legacy of Joseph Pilates and his desire to spread the message of health and vitality for all. PLEASE CONSIDER making a donation today. Your ongoing support is what sustains us through this long process. And PLEASE FORWARD this link to at least one person who both believes in respecting public libraries and in defending Pilates history. Thank you again! Mary Kelly, Pilates Transparency Project Your contribution, no matter how small, will help us continue fighting back against Gallagher's lawsuit and erroneous claims. Thank you!




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