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Posted by: KC Elbows ® 03/05/2003, 15:34:02 Author Profile Mail author [ Edit-Delete ] |
"First you'll have to prove it is false." Sorry, that's not how it works. The court will not take it 'under advisement' that Kim inherited a royal line when the royal families in asia have used writing, NOT oral history, for many many centuries.
This is incorrect, especially as it relates to royal martial arts, they've used written training manuals for quite some time and referred to the arts in various sources, so unless the art was not royal in the last 300 years, it's not a royal style, and if it wasn't royal for 300 years, then it was supplanted by something better, because that's how the asians picked their body guards and teachers, by picking the most feared fighters. "Archeologist studying these cultures are still amazed at the findings that are not "written".."
"Does that not mean because they could not find the heratige of the artist. The art work has no value?" This assumes it is traced to a period. You cannot trace your art to a period. 1500 years ago, it would have been unusual for that time. However, 30 years ago, in the US, it was not so unusual, as it appeared to contain tang soo doe type elements. It appears, for all intents and purposes, to be contemporary, so to judge it from an ancient perspective is wrong, just as to judge a rennaissance painting by pre-raphaelite standards would be innaccurate. "Of course not. The proof is in the pudding. Your statemnt is old. I have heard before. What document do you want? In addition, If I could produce veriflbly that the origins are what OYD says they are. You would still try to disprove them." The proof is in the pudding is a maxim that applies to quality of an item, not legitimacy. When you say it's a royal line, you must prove it. You cannot, because you have no historical proof, and there would be historical proof. You cannot even find written records from the last hundred years, when oral tradition was not the norm, and plenty of americans were on the scene, looking into korean martial arts. "I have never seen anyone demonstrate the level of skill and ability that Grandmaster Iron Kim has." This does not establish the style as 1500 years old or royal. This is, frankly, beside the point, and totally subjective, and useless in court.
Again, that's not the issue, the issue is that he nor you can show any evidence that the art existed before Kim, much less 1500 years ago.
Again, the burden of proof is not on me, but on the claims of royal lineage and 1500 year age. The evidence at hand suggests maybe 40-50 years old, tops, probably less. In court, if you are accused of selling something you do not have, others will not have to prove you do not have it: you will have to prove you have it. That's how it works. And you cannot do this, because movement is not proof. "The court thing. You should try it and see. I don't think it would hold up. Look at it this way. If we did not have this line, how come so many peolpe have benefited?" Again, that is proof of nothing. Yoga helps people, but you cannot sell it as a secret space alien formula for immortality. In order to prove it, you will have to provide documentation, period, end of story. No judge is gonna watch form and go 'hey, that's 1500 years old, and royal'. Experts will become involved, and impartial ones who are not monetarily dependent on the OYD revenue, or Kim himself, which counts out every member of your school. "Is the man's made up knowledge who helped all of these people?" The above position is, essentially 'because he has knowledge, it is 1500 year old royal knowledge'. It is an assumption. "If I recall correctlty, most activities (sports, aerobics, martial arts etc.) Keep changing their attitude or idea about how things should be done every few years because of all the injuries or lack of results." Sweeping generalization. Yang style tai chi hasn't changed, there's still lots of traditional workouts that haven't changed, again, this doesn't mean that they are all 1500 years old or royal, nor does it make Kim's art so. "Also if you took me to court and said I paid for this, lets say self defense, and felt you didn't get the results you were looking for I could easily prove it was the praticioner not the movement." That's not even the discussion, the hypothetical suit we're talking about is if someone sued for being sold 1500 year old royal martial arts and not receiving it. In that case, it doesn't even matter if it works, but if it is, in fact, 1500 years old and of royal lineage, and so the court would not be in the least concerned with its effectiveness, but with its authenticity. To illustrate, if you go on ebay and buy a arquebus, a very old form of gun, and received in the mail a modern shotgun, and took the seller to court for selling a shotgun under the guise of an antique arquebus, the court will not be impressed that the shotgun is the more effective weapon, but that you lied, and called a shotgun an arquebus, and then profitted off of that lie. |
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