5.0 Editor's Pick
March 25, 2018

My heart is with Dana—but here are the Facts of the Case. ~ Namita Chandra

The below is an op-ed, of course, and intended to support open dialogue, not us vs. themism. We support open, honest, respectful dialogue without threat between Alo/Cody and Kino/Dana and all supporters of each. Hating on either side is not helpful. Some have said: be quiet. I say, Elephant is here to support yoga, bring awareness to the ethics of the business of yoga, yoga practice, and the effect of social media and respectful dialogue on yoga community and practice.  ~ Waylon, ed.

For reference:

When one Big Company picks on one Yoga Teacher. ~ Kino MacGregor
> The Truth behind Kino’s letter. ~ Paul Javid
> Alo, do the right thing—and we will all thank you. ~ Kino MacGregor
> Kino talks with Waylon about Alo and Dana & the Path of Yoga in an Instagram culture.
> From one non-famous Instagram Yogini to another.

“Another perspective on the Alo Yoga controversy.”

The yoga community is presently mired in the Alo Yoga controversy.

Dana Falsetti, a social activist and body-positive yoga teacher is being sued by the commercial athleisure giant Alo, famed for promoting generally skinny or fit models as yoginis, and a digital fitness and health content website Cody, which was acquired by Alo.

Recently the highly-influential “yoga celebrity” Kino Macgregor spoke out in favor of Dana and started a campaign to support her defence, thereby bringing the issue into the limelight.

Background here.

Both Kino and Dana used to work with Cody, making their yoga tutorials and videos available to Cody subscribers for a fee. Kino parted ways with Cody a couple of years ago to start a competing business while Dana’s association continued. However, things turned sour with Cody’s takeover by Alo – a controversy generating company due to its alleged non-inclusive, elitist and materialistic approach towards Yoga. Dana, an advocate for natural authenticity and vociferous against the body-shaming culture, did not want her content on Cody to be owned by Alo, an organization she obviously didn’t align with. And so while Cody was thrashing things out with Dana and other teachers before the impending acquisition was announced publicly, Dana apparently jumped the gun with an Instagram story allegedly announcing the acquisition, disparaging Cody, and making slanderous comments about Alo and its owner. For which she was promptly sued by Alo for defamation and Cody for breach of information.

This situation brings to the forefront a lot of issues that many of us in the yoga community grapple with, including the eternal war between wanting to promote true yoga but being limited by resources. At what point do we end up making a deal with the devil in our earnest pursuits? We will never know. Nevertheless, here is my perspective based on available notes of court proceedings, the open letters on platforms such as Elephant Journal, my decade-long professional experience working with top MNCs and my understanding of business and corporate acquisitions. It might seem like bitter medicine, but as Kino mentioned that yogis do not inherently enjoy delving into business matters, I hope I can share an objective perspective given my somewhat unconventional background.

Let’s begin with Kino, whose narrative has primarily been about David and Goliath—a well-intentioned yoga teacher being bullied and oppressed by a corporate giant. She’s called this a battle of one woman against men and subtly referenced women’s liberation. And she’s also urged readers to reach out express their support. Kino appears to be a delightful person, but I find myself disagreeing with her approach.

To start with, this situation is not about women’s liberation; it is a fight between two companies and an individual over ownership of content. Using the “woman card” and making it about one woman fighting against “two men” is uncalled for. The lawsuits against Dana are not because she is a woman; it’s because she allegedly shared non-public information and attacked a company’s reputation.

If Dana were Dan, the lawsuits would very much be the same.

It is somewhat unfair to leverage gender to gravitate masses or to make one’s point just because we can. It belittles the empowerment movement; it weakens us and our message.

Alo has sued Dana for slanderous remarks against their founder; making unverified personal comments about anyone’s character is fodder for a lawsuit in most jurisdictions, particularly the United States, where even the President is being sued for defamation. It is not simply expressing an opinion but making libelous statements, and everyone has the right to defend their character—you, me and yes, even the Alo founder. And in general, a good thumb rule is to stop attacking people, let us use words not to harm people but to benefit them. Create awareness, not hatred.

Alo is acting as any professional organization would. I’m not a fan of big corporations in general, as they almost always lack a heart, and that’s why I left that work behind. Many companies [exception: Small Giants, B Corps] don’t emphasize human emotions like empathy or processes such as dialogue; they focus on quarterly returns. Their goal is to make profits and to protect their brand, which is precisely what Alo is doing. They have a responsibility to their employees, shareholders, and investors—they will defend themselves.

Cody has sued Dana for breach of contract and trade libel as she publicly disclosed the news of Cody’s acquisition on her Instagram stories before the firm’s announcement. To reiterate—the lawsuits are not for criticising a brand—if that were the case, then every dissatisfied consumer who put up a bad review and any blogger with an opinion would be living out of a courtroom. Leaking non-public information is a severe offense and in many instances, could even land one in jail, and this is no different. Therefore it is not as much about “exposing the truth” as it is being made out to be, but about an irresponsible leak of corporate information.

Now what about Cody’s decision to sell to Alo? Well, Cody was a struggling start-up, and it’s an ecosystem in which survival rates are meager. Eventually, most start-ups that manage to survive are acquired by conglomerates, and then inevitably are no longer what they started out to be. That is the conventional start-up life cycle: starts with a focus on product and experience and ends with a takeover and exclusive focus on profits. If the acquisition doesn’t happen, these fledgling companies are slowly wiped out. So what would be a better alternative for Cody? People need to earn money, do jobs and feed their families like all of us.

Content & Copyright.
This is not about individuals, corporations, personalities, gender—the real problem here, in my view, is a copyright issue over content. Copyright is indeed a universal problem and laws are not always black or white. When I built business models as a banker, I did not have any right over them once I resigned. Even in something as basic as getting photographs taken for Instagram, I was legally advised to get a copyright release form signed; otherwise I may not retain rights to my photos, which I commissioned and paid for myself! What’s fair or unfair is not the same as what’s lawful or unlawful. In our wisdom, we must always be careful about who we associate with and give our content to. And once we do decide to participate, we should trust them enough to do what is right as a platform.

In the Dana vs. Cody case, as per court documents, both parties had entered an agreement on 1 Aug 2016 that allowed Cody complete ownership of videos and marketing content to be used in any manner as long as they were not used in a way to harm Dana. In most industries, such material is usually owned by the company as they often provide the infrastructure, marketing, and promotional support. In this case, if Cody even offered to take off Dana’s content (as per Paul’s letter), given the general nature of such transactions, I would say it was accommodating of them. Most companies wouldn’t do even that.

But yet again, it depends on their specific legal agreement, which isn’t available.

In all this, I am genuinely sorry for Dana. She, unfortunately, made a bad call and the facts are not stacked in her favor. This is probably why the court dismissed her counterclaims that Cody’s sale harmed her reputation and exposed her to separate litigation by Alo. It is an unfortunate situation to be in, and any of us could find ourselves in a similar position. Dana needs all the help she can get to get out of this mess, but we need to learn our lessons from this exchange and be objective about what is right or wrong, rather than get emotional or frenzied.

More than capitalism, this entire situation is a reflection of the world we are creating as consumers. Companies don’t become profitable by what they sell but due to what we buy. We are buying into their message and purchasing their products, and their billion dollar valuations come from our money. We need to put more thought behind how we live, what we do and how we invest our resources. And those of us who can, must always continue to send the right message and create awareness about what is right—objectively. [Editor’s note: generally, we avidly support any company that uses fair labor, organic and natural fibers]

My heart goes to Dana because she was doing just that. She was worried about associating with a brand that did not align with her ethos. It perhaps came from her conscience or due to the pressure of her followers—in either case, it was the right path. I wish more influencers and celebrities put in that much thought in what they were endorsing or who they were associating with; it would make the world a much better place.

In a world where some celebrities are lying through their teeth about the benefits of some products they are endorsing, Dana was one such person who seemed to be following her heart and conscience. Which is why I wish Alo and Cody would let go of the lawsuits and try to find a peaceful solution; such pressure is not warranted.

Every entity is simply following their Dharma—Cody is pursuing their strategy in the digital space and Alo in the apparel space. Both are responsible for generating profits. Dana is following her dharma by being the best advocate for her community and making women more confident. Kino is following hers by becoming a force to reckon with in Yoga.

Paths are bound to clash, but life will flow on. In the spirit of Yoga, where Ahimsa (Non-violence), the first tenet of the first limb of yoga is the highest virtue, there should not be so much conflict. It is said if all others Yamas (~ethics) are in conflict, Ahimsa should always prevail—and I hope it does so in this situation too.

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Diego Efe Mar 31, 2018 5:56pm

great comment!

Diego Efe Mar 31, 2018 5:53pm

The rules of the business seems to favor the corporation, even though we don't have all the facts and we are not experts in law. But anyway, it's good to discuss where are we going with our social system. Capitalism plays a mayor role creating a disbalance of power: Dana doesn't have the resources to fight such big opponents, and the law tend to protect property over righteousness and is better used by more powerful entities hiring high profile lawers than common people not used to deal with litigations. It still has to be proven that the multimillion company had it reputation and its loot diminished by Dana's criticism and breach of (true) information, and it seems obvious that it's not easy to defend from this charges even if she didn't do anything wrong. We should not be only consumers, but active citizens advocating for better rules to relate with each other, at least enriching public discussion. This is one of the thing that expells me from eastern traditions, which put such a big stress in acceptance.

Namita Chandra Mar 30, 2018 11:01am

Thank You for reading and sharing your point of view.

Moodthy Al-Ghorairi Mar 27, 2018 8:41am

When we write words like "Facts" in the title, we can't really proceed with sentences like "Dana apparently jumped the gun". "Apparently" is a word that means "we don't know if this is true". The proceeding sentance "jumped the gun" is loaded with assumptions and jugments. Sorry, but for me this really lowers the tone of the article. A fact is something is something indisputable, like the time of day in a particular timezone. Not something subjective, like our interpretation of someone's motives.

Yar Pal Mar 27, 2018 5:45am

it is only about business if business is all that a person keeps themselves to seeing. business and the legal system that exists to support it (and to favor the wealthy) is put foremost in this opinion, and so what is written about the brutality of the corporate state is to be understood as a mirage, as the perspective of the hoarders who built the system; they offer a critique of themselves while at the same time insist nothing can be done because that's just the way it is, as if the structure of control is as intrinsic to existence as any "natural" law. the lives, creativity, and thought marco degeorge and danny harris seek to profit off (or destroy if there's resistance), are secondary to this structure. these men hate yoga, and awareness, they see it only as a way to make money, so fantasize it is performance and clothes worn by the very thin/children, and pay other mind-killers to promote this fantasy. these men stand with viciousness and contempt against any expression of those like dana falsetti who see and speak of the brutal delusions they and many like them continue to create; to make this about "just business" (even as it is unjust business), is to deny history, and demand silence and compliance, precisely what these hateful men require to keep on strangling the living breath.

Namita Chandra Mar 26, 2018 1:39pm

Thank you for sharing your views and reading the article. I do agree with what you say and here's hoping that the conflict resolves amicably without further damage.

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Namita Chandra

Namita Chandra is passionate about Yoga and ancient Indian wisdom. She has over 700 hours of training in Hatha Yoga from Mysore and is avidly pursuing deeper studies of Yoga philosophy and Ayurveda. She divides her time between writing, studying and teaching Yoga. You can visit her blog, yoganama.com, or follow her journey on Instagram.com/yoganama and facebook.com/yogabynamita.