NFL, MLB Accused of Bogus Copyright Claims 116
P Crewe writes "A complaint filed by the Computer & Communications Industry Association accuses the NFL, MLB, and a number of studios of deceptive trade practices, saying that their far-reaching copyright claims systematically misrepresent the rights of consumers to use copyrighted material. 'According to the complaint, such warnings "materially misrepresent" US law. Fair use is given short shrift, and as a result, consumers are left with the impression that any use that the rights-holders do not expressly approve is illegal. "Consumers have the right to use the content in legal, non-infringing ways," CCIA spokesperson Jake Ward told Ars Technica. "Putting these warnings on broadcasts, videotapes, and DVDs is both misleading and threatening."'"
Obligatory Youtube Video (Score:5, Informative)
dk-
Re: (Score:1)
dk-
Re:Obligatory Youtube Video (Score:5, Funny)
Re: (Score:2)
Re:Obligatory Youtube Video (Score:4, Funny)
Re: (Score:2)
While this little clip attempts to prove a point, actually watching it is akin to being tied to the back of a bulldozer as it drives 50 miles down an unpaved road.
Which I suppose is one way to learn geography... and learn to hate it appropriately.
Re: (Score:2)
So what you are saying is... it has commercial potential? After all that's how I feel about bungee jumping, but apparently people do pay for the experience.
Re: (Score:3, Funny)
Haha!
"The public domain is a disgrace to the forces of Evil."
That line alone made the video worth watching. However... if... I had... to... watch... much more... of... that... I think... I... would... go... insane... and start... killing... people... just to... make... the pain... stop.
The complaint is with FTC (Score:5, Insightful)
The write-up forgot to mention, who the complaint was filed with. It is with the FTC [wikipedia.org].
I don't think, it is illegal to mislead (other than in advertising) or even to threaten (other than with violence). Would be nice, if FTC stops it somehow, of course, just to keep things cleaner...
Re: (Score:2)
corperate violence. (Score:4, Insightful)
But couldn't the threat of being sued for more than you are likely to make in your lifetime a form of "financial violence". Yes the term sounds like a stretch, but when you consider the potential for life altering harm and combine it with the outcome of suit being more influenced by who can afford what lawyers over who is right, well it resembles violence in every way in which violence is used to threaten and subdue. Perhaps it should be illegal for corperations to threaten legal action when no law has been broken.
Re:The complaint is with FTC (Score:5, Insightful)
Re: (Score:2, Insightful)
I reiterate the Rule of Saint Augustine once more. "An unjust law is no law at all."
Re: (Score:2)
Judging by what I read on this site, a Joe User is running the risk of all of these horrors regardless of whether or not there is a warning printed on the packaging.
I mean, whether or not the warning is justified, all of these terrible things you list could still happen — because the corporations (sitting in their big corporation buildings acting all corporationy) have nothing better to do...
I'd guess, the plaintiffs are doing Joe User a disfavor — should FTC side with them and the warning g
Re: (Score:2)
Re: (Score:3, Interesting)
Re:The complaint is with FTC (Score:5, Interesting)
"Here Here!" (Score:2)
Don't you mean "Hear, hear!" (Score:2)
Don't you mean "Hear, hear!"?
As in "Listen, listen!" implying "Pay close attention to the preceding statement, it made a good point."?
(Homonyms are a bitch to spell when nobody ever explains which word was meant.)
Re: (Score:3, Interesting)
Re: (Score:2)
Re: (Score:1)
Re:The complaint is with FTC (Score:5, Informative)
Section (f)
(f) Misrepresentations. - Any person who knowingly materially misrepresents under this section
If they ask a content provider to remove it, and you have to hire a lawyer to keep it up, then they are liable for your legal fees.
It isn't criminal, but it is illegal.
Re: (Score:2, Informative)
It isn't that these content providers are violating the copyright laws. These companies are violating consumer protection laws, which say you can't make "unfair or deceptive acts or practices in or affecting commerce."
http://www.law.cornell.edu/uscode/html/uscode15/us c_sec_15_00000045----000-.html [cornell.edu]
Re: (Score:2)
I thought the whole point of FairUse is that it isn't commerce. No money trades hands, so it's not protected as an act of commerce. This would be an unfair or deceptive act that affects personal use.
Re:The complaint is with FTC (Score:4, Insightful)
You may unfortunately be correct that it's not illegal, but realistically it should be. Most people don't know enough about the law or fair use to say "Hey, I can poke fun at you with a parody without violating the law" or "It's perfectly legal for me to use a short excerpt to illustrate my critical commentary on the work."
I've even heard of sports leagues trying to claim that statistics are copyrighted. A collection of statistics is a purely factual work with no creativity involved, those types of works are not copyrightable. But the way they put it, you'd think you have to pay royalties every time you mention how many home runs someone's hit this season.
Re:The complaint is with FTC (Score:5, Insightful)
Doubt me? How many pages alone is the federal tax code again? (it's 13,458 pages in total)
The only real solution to these shenanigans is a re-vamp of the entire legal system top to bottom. But I wouldn't hold my breath if I was you.
Re: (Score:2)
The entire law of Norway is a single book, sized aproximately like a bible, 90% of which is irrelevant to average Joes. The actual interesting parts are 200 pages, tops.
Re: (Score:2)
Someone "falls" into an open construction site that is clearly marked as one and promptly sues both the construction company and the company that is having the construction done. Someone sues a gun company under product safety laws because the gun did something that it was clearly designed to do. After 40 years of continuous (mandated) warnings about the risks of smoking, plaintiffs sue the cigarette industries because they
Re: (Score:1)
Re: (Score:2)
A lot of the laws are on the books because people want them.
Back in the day of our founding fathers do you think they would have tolerated a law that that told you what you could do with your own property?
But would you like a world where developers could do what every they wanted where every they wanted? Want a dump next to your house?
Or could you imagine our for fathers allow a law that regulated how much you could burn in your fire place? Want to
Re: (Score:1)
It has come to our attention that the term "home run" is a trademark of Major League Baseball. Please contact our administrative offices to purchase permission to use this term.
Thank you,
MLB
Re: (Score:2, Interesting)
Re: (Score:2)
Seeing as most EULA's seem to have clauses that shouldnt pass muster in any state, but just happen to not be challenged, this will probably fall into the "its the clients burden to verify what the law is if they wish to use the content" or some such though =\.
About time! (Score:5, Informative)
Re: (Score:1)
The kind of funny, biased stuff that only some fan not bound by networks and advertizers could provide...
Re: (Score:2)
"No I did not, Marv. That's pretty damn interesting. It goes without saying that Brannigan's a top-notch player, and those steroid-induced man boobs are a real turn on for the ladies at home. But back to his playing style, Brannigan has shattered thirty eight
Re: (Score:2)
Assistant: You can't say goddamn on the air.
Harry Doyle: Don't worry, nobody is listening anyway.
Re:About time! (Score:5, Informative)
Re:About time! (Score:5, Informative)
Re: (Score:1)
I just hope no one comes after me when I point to Barry and inappropriately say "Look at the size of that noggin!" without realizing that some addled color commentator said the same thing about him, during the same game, at roughly the same time.
Re:About time! (Score:4, Funny)
If we could just get a few thousand people to send this letter once a week for a year, that B.S. would stop:
Dear Major League Baseball,
I was talking to my friends last night and they brought up the subject of a game they saw last week, [X vs. Y]. I remembered reading at the start of the game on TV that any depiction of the game requires the express written consent. May I have permission to talk about this game with my friends?
Sincerely,
[Child's name], age 10
Dear Major League Baseball,
Last night, my friends started talking about [X vs. Z]. May I have permission to talk about that game with my friends as well?
Sincerely,
[Child's name], age 10
...and so on. For just $21 a year---little more than the cost of a cup of coffee at Starbucks---you can help rid the world of copyright tyranny.
Re: (Score:1)
Re: (Score:2)
Re: (Score:2)
That says any descriptions or accounts. Either it is a remarkably poorly worded warning referring only to the NFL's copyrighted descriptions or they are claiming rights that copyright law surely doesn't give them.
Makes one wonder: if Wikipedia describes the latest Superbowl, are they violating this clause? Sounds like the NFL is claiming so.
Re: (Score:1)
Not according to MLB.
If only it were that simple. I live in the Baltimore/Washington metropolitan area. In celebration of the induction into the Baseball hall of fame of Baltimore Oriole player Cal Ripken Jr. last weekend, a local radio station (WBAL) was planning (and advertising) that in the weeks leading up to the ceremony, they would replay T
Re: (Score:2)
I care more about the MPAA ads on DVDs (Score:5, Insightful)
Those ads are factually incorrect and misleading. Buying pirated movies may be copyright infringement, but thats quite doubtful since the purchaser is not responsible for proving that the CD/DVD is authentic and the doctrine of first sale still applies to DVDs/CDs. The infringer, in that case, would be the person knowingly selling pirated materials, not (necessarily) the person buying them.
Even if it was copyright infringement, that is wildly different than STEALING, since no one is being deprived of a physical possession, which is why they are separate areas of law and until recently copyright infringement was mostly considered a civil issue, except for extreme cases.
I get infuriated at the blatant and deliberate misrepresentation of fact in those ads. They are untrue and intimidating, and I would love if a lawyer here would tell me if a lawsuit would have any grounds to get them stopped. I dontate to the EFF, maybe they would take up the case.
Does anyone know if a case like this would have any teeth?
-Clay
Re: (Score:1, Funny)
Re: (Score:2)
In reality if she'd been picked up by one of the MPAA's surveilance goons the fact that she cancelled it wouldn't make even a tiny bit of difference to their lawyers.
Re:I care more about the MPAA ads on DVDs (Score:5, Insightful)
Re: (Score:1)
Re: (Score:2)
You may not care that it's illegal - but then why care about copyright at all?
Re: (Score:1)
Re: (Score:1)
Re: (Score:2)
Your argument is as ridiculous as a Pinto, and lacks air bags.
Re: (Score:1)
Re: (Score:2, Interesting)
Re: (Score:2)
Family guy already covered this (Score:2, Funny)
Re: (Score:2)
Re: (Score:1)
And for some reason while searching for those, i kept hearing the guy in the cheese commercial in my mind... "Behold... the power of Google..."
Government and Businesses... (Score:5, Insightful)
Are You Kidding? (Score:4, Insightful)
Online petition (Score:1, Informative)
http://www.defendfairuse.org/take_action.html [defendfairuse.org]
Re: (Score:2)
Re: (Score:2, Funny)
Seems to me... (Score:5, Insightful)
Because there is no competition to professional football it allows the NFL to become bullies and make outrageous demands. Not just with TM and copy write, but with players/coaches contracts, advertisers/sponsors, broadcast providers, etc. I just don't get is how they can continue not getting thumped for anti-competitive practices. Hell, it constantly amazes me one of the extremely rich players who gets suspended doesn't ever raise a stink about it...After all, it's not like he can get a job playing for someone else.
(MLB is a congressionally protected monopoly, at least from my understanding.)
Re: (Score:2)
that is correct, sort of (Score:3, Informative)
I can find no information on the NFL and I am suspicious of that one because of the XFL, USFL, etc. There have been football leagues in competition with the NFL. Not so for baseball, unless you count the negro leagues. [wikipedia.org]
Re: (Score:2)
Basketball, is not as bad. Mostly because around here the interest in the NBA is waning somewhat. And the recent ballot measure to have the county pay for the Sonics' new arena with tax dollars failed by a 2:1 margin. Wouldn
Re: (Score:2)
Re: (Score:3, Interesting)
Because there is no competition to professional football it allows the NFL... After all, it's not like he can get a job playing for someone else.
Vince McMahon attempted to do just that in 2001 with the XFL [wikipedia.org]. It died because people didn't want to watch it. They preferred the already established NFL with the marquee names. Many cities enjoy semi-pro leagues, Canada has the CFL [wikipedia.org], and for the last 16 years, there was also NFL Europe [wikipedia.org].
Whether or not a pro-football player can get a job playing football is similar to the whole **AA thing. Complain that their business model (aka job) changed and they were unable to adapt so they're owed something. Thousand
Re: (Score:1)
The NFL Europa [wikipedia.org] (formerly known as NFL Europe, formerly known as World League of American Football [wikipedia.org]) was fully run by the NFL. So this doesn't count as an alternative AF league.
Congressional Protection (Score:3, Informative)
Re: (Score:1)
Hell, it constantly amazes me one of the extremely rich players who gets suspended doesn't ever raise a stink about it...After all, it's not like he can get a job playing for someone else.
I think it depends on who made the suspension. If the league suspends a player then I would think that player is a professional football player on hold; assuming they did something to breach their contract with the league. It wouldn't matter if they could go to another team, they are still suspended. They could go to the Arena league or another job.
If the team itself suspends a player then you have more of a point. I don't see it being much different than if the team decides to bench a player. Th
Professional futbol (Score:2)
Re: (Score:2)
Re: (Score:1)
Re: (Score:2)
About time some affords a lawsuit in this respect (Score:1)
Express written consent? (Score:1)
Disregard all FUD (Score:4, Informative)
The American media should be more than aware of the fables like Chicken Little, and Crying Wolf.
Re:Disregard all FUD (Score:5, Funny)
"The American media should be more than aware of the fables like Chicken Little, and Crying Wolf."
We're aware of them, but Disney copyrighted them, so we have to wait for a special edition re-release of the DVD to actually see the stories.
Re: (Score:1)
Re: (Score:3, Interesting)
Yeah we get FBI warnings in Australia and they are similarly meaningless. What pisses me off the most is that these rude (and largely hollow) threats are always attached to media I PAY FOR. They hijack my DVD and even in the fucking theater I have to PAY FOR and sit through someone lecturing me with "the FBI will get you if you don't watch out" - what's next - make us all stand up for the FBI like we used to do in the 60's to "go
Tank needed (Score:1)
They have been saying in Broadcast. (Score:1)
"Your not allowed to reproduce, retransmite, or reuse the pictures, descriptions or accounts of this telecast without the express written consent of XYZ. Any commerical or other use such as by charging an admission for a showing is likewise prohibited."
So why is their a problem now! It has been going on for a very long time! I can see maybe with t
Re: (Score:3, Insightful)
Re: (Score:1)
the Big Game (Score:2)
When you have to call the Super Bowl "The Big Game" due to the NFL, I think thats poof enough.
I'm a Pirates fan... (Score:2, Funny)
Copyfraud... (Score:3, Interesting)
Making the consumer the villain (Score:2)
The worst part about these lectures is that the end user might think whatever it is they're doing is acceptable. And in a lot