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stories filed under: "sports"
Culture

Culture

by Mike Masnick


Filed Under:
journalism, photos, sports

Companies:
washington redskins



Washington Redskins Won't Let Washington Post Blogger Show Photos Of Upset Fans; WaPo Caves

from the journalistic-integrity dept

We've already discussed how ridiculous it is that any mainstream publication agrees to the NFL's policies that effectively set rules for how they can report on sporting events. How can a publication claim to have journalistic integrity after agreeing to specific rules on what they will and won't report on concerning a news event? On top of that, we've pointed out how ridiculous one particular football team, the Washington Redskins, has become in dealing with fans. Despite having the longest record of continuous sellouts in professional sports, the Redskins have been suing over 100 fans who were unable to pay for their season tickets. The Redskins could have easily just resold the tickets (and, in fact, they are reselling the tickets). But also suing some of the team's biggest fans after they've been hit by the financial crisis? That's just obnoxious.

Lots of fans are pissed off at the Redskins this season, and a local radio station came up with a plan to get fans to wear paper bags over their heads during a recent game -- even going out and handing out a bunch of bags outside the stadium for just that purpose. Of course, gametime came and security confiscated most of the bags, saying that such bags are not allowed in the stadium. Still, Dan Steinberg, who writes the DC Sports Blog for the Washington Post, went around looking for such disgruntled fans. And while he didn't find many with paper bags, he did find other disgruntled fans displaying their... disgruntlement. These included t-shirts that were anti-Dan Snyder (owner of the team) along with some other things. Steinberg took photos of these protesters and posted them to his blog.

But not for long.

The photos soon disappeared, and the photo editor for the Washington Post admitted that the Redskins had called them claiming that taking photos of disgruntled fans was a violation of policy:

"The Redskins said he was in violation of his credentials for taking the photographs. We honored that request, because at the end of the day, they control access to their facility."
First off all, how ridiculous is it that the Redskins are so insanely controlling that it thinks that banning photos of disgruntled fans will suddenly make people not realize that fans are disgruntled?

But, more importantly, what a shame that the Washington Post would simply fold like that. Yes, the Redskins control access to the facilities, but the Washington Post is effectively providing free advertising for the Redskins pretty much every day, by writing articles about them. The Redskins don't want to lose coverage from the Post. If the Washington Post had any journalistic integrity, why wouldn't it stand up to the Redskins and say "hey, disgruntled fans are news, and we're here to report the news." And people wonder why folks don't trust the coverage in their local newspapers any more. Apparently, those newspapers -- even the big "respected" names -- have no problem caving in to ridiculous requests from those they cover.

Meanwhile, The Big Lead (which gets a few of the details of the story mixed up) wonders what would happen if other people took such photos and sent them to the Washington Post to put on its blog, since the Redskins' main complaint is that Steinberg violated his credentials by taking the photos. If others took the photos though...

35 Comments | Leave a Comment..

 
Culture

Culture

by Mike Masnick


Filed Under:
free speech, licenses, live blogging, reporting, sports

Companies:
nfl, wsj



WSJ Defies NFL's Restriction On Live Blogging

from the whatcha-gonna-do-about-it? dept

Remember how the NFL told the press that they weren't allowed to live blog or live Tweet games, as it would be a violation of the league's broadcast rights? I noted that I couldn't see how that was enforceable by the league, other than by kicking reporters out of the stadium. Of course, even that would backfire, because a reporter could just watch the game on TV and live blog. And... in fact... that's exactly what the WSJ just did, apparently thumbing its collective nose at the NFL's restrictions. Ben alerts us to the news that a WSJ reporter, safely on his couch at home, live blogged a recent football game between the NY Jets and the Tennessee Titans. Your move, NFL...

22 Comments | Leave a Comment..

 
Culture

Culture

by Dennis Yang


Filed Under:
hockey, journalism, reporting, rich hammond, sports

Companies:
los angeles kings, nhl



The Los Angeles Kings Hires A Reporter To Cover... Themselves

from the changing-models-of-journalism dept

As we've discussed here before, the biggest beneficiaries of sports reporting are probably the teams themselves. The more news & analysis that is published about a team, the more relevant they remain in the public eye -- no stories, and the teams risk falling into oblivion. So, it's interesting to see that the hockey team, Los Angeles Kings, has recently hired its own full time reporter to cover the team. Rich Hammond once covered the Kings for the Los Angeles Daily News, and has been given complete autonomy to post commentary and stories on the Kings' web site, kings.nhl.com. Sure, some are wary of how "impartial" this news will be if the reporter is on the Kings' payroll; but really, that contention really plays a bit moot nowadays. In an era where the audience is no longer beholden to a few media outlets, the supposed guise of impartiality is less important, replaced by the more useful quality of transparency and accountability. If Hammond reports with genuine, well thought-out coverage, then his audience will reward him with their trust and readership, regardless of where his paycheck comes from.

23 Comments | Leave a Comment..

 
Too Much Free Time

Too Much Free Time

by Mike Masnick


Filed Under:
baseball, copyfraud, copyright, permission, sports

Companies:
mlb.com



MLB Refuses To Give Permission To Guy To Describe Game To A Friend

from the expressed-written-permission dept

A couple years ago, law professor Wendy Seltzer used the NFL as an example of sports leagues performing copyfraud, by claiming copyright control beyond what is allowed by law. Specifically, she was talking about the warning mentioned at some point during every game. For the NFL it was: "This telecast is copyrighted by the NFL for the private use of our audience. Any other use of this telecast or of any pictures, descriptions, or accounts of the game without the NFL's consent, is prohibited." In Seltzer's case, amazingly, the NFL sent a DMCA takedown of her posting that clip to YouTube -- giving her another "teachable moment" on copyright abuse.

And yet, sports leagues still continue the copyfraud. One of the fine folks over at Consumerist, Phil Villarreal, found the wording of Major League Baseball's warning quite questionable:

"Any rebroadcast, retransmission, or account of this game, without the express written consent of Major League Baseball, is prohibited,"
Unlike the NFL one, at least it didn't say "descriptions," but "account" is pretty close. So, Villarreal contacted MLB to request "express written consent" to provide an "account" of the game he had watched to a friend. To its credit, MLB responded and asked him to call someone in its business development department... who (perhaps reasonably) thought it was a joke and did not provide the written consent (and stopped responding to calls and emails).

Now, obviously, this is a bit of a joke (and a funny one), but it does highlight a rather serious problem. Copyright holders are pretty regularly claiming significantly more rights than they actually hold over content, and many people simply assume that they can do this. This leads to them to think that they don't have basic rights concerning not just "fair use" but stuff that is obviously not covered by copyright, such as an "account of this game." There really should be sanctions against such copyfraud.

74 Comments | Leave a Comment..

 
Too Much Free Time

Too Much Free Time

by Mike Masnick


Filed Under:
free speech, licenses, live blogging, reporting, sports



Wisconsin Sports League Sends Newspapers Invoices For Live Blogging

from the just-try-to-charge dept

The NY Times checked in with its own version of the story about sports leagues restricting what fans can do in the stands to share their experience -- a story that we've already covered. However, Romenesko points us to a little tidbit down at the bottom of the NYT article, talking about other leagues that have tried to do something similar, mentioning that a sports league in Wisconsin went so far as to send invoices to newspapers it felt were "live blogging" its events. We had written about this dispute a few months ago, but I hadn't heard about the invoices before.

Every newspaper who received an invoice smartly ignored it, but the whole concept is ridiculous. The league is claiming that such a live blogging of what's happening at the sports event counts as a "broadcast" and thus should be required to pay the same fees that, say, local radio stations pay to broadcast the events. But the idea that you can stop people from, or charge people for, telling the world what's happening in a sporting venue is preposterous, not just from a legal or technological standpoint, but because these events depend on news coverage for advertising. Attempting to charge newspapers (or fans) for trying to keep others informed seems incredibly self-defeating.

36 Comments | Leave a Comment..

 
News You Could Do Without

News You Could Do Without

by Mike Masnick


Filed Under:
customers, sports, videos

Companies:
premier league



Premier League's Fear Of The Internet A Case Study In What Not To Do

from the this-is-not-a-good-idea dept

While we have many problems with the way MLB.com conducts itself concerning its attempts to claim ownership of factual information, you can't deny that (separate from that), it's built up a nice business by really focusing on giving fans what they want in terms of online video. While the product has had technical problems, on the whole MLB.com continues to improve it, adding many unique and useful features, such that it's actually well worth purchasing. If you order the package to watch baseball games, it gives you all sorts of neat tools that can't be found elsewhere, and are great for tracking pretty much any game you want. There are still some problems -- including silly blackout zones (so it's tough to watch local teams) and blackout times when games are being shown on national TV, but on the whole MLB.com has done a pretty good job making the service worth buying.

Compare that to the Premier League in the UK. It's been nearly five years since the league first started freaking out about people watching unauthorized streams online. But rather than trying to serve those underserved customers, the Premier League has repeatedly lashed out at anyone who might possibly enable these games to be seen online. For example, it's sued YouTube apparently unaware that the company is protected by the safe harbors of the DMCA, and (if anyone) it should be going after those who actually upload the games. It's also suing Justin.tv in the same misguided fashion.

Amazingly, the league seems proud of the fact that it's going after these companies, rather than the appropriate targets. Jeff T alerts us to an article in the Guardian which is basically a case study in what not to do about these things. It hypes up how the Premier League purposely goes after the platform providers, as if that's a good thing. It also (bizarrely) claims that these anti-fan maneuvers are somehow a different and better response than the way the music industry responded to unauthorized file sharing. But that's not true. While it's not suing fans directly, it's still suing to stop fans from doing what they want to do. It's the same exact mistake.

Rather than recognizing the simple fact that the reason fans watch these streams online is because the Premier League has failed to offer it up themselves, the Premier League seems to relish the fact that it makes it more difficult for fans to see its product. The article talks about the "Saturday blackouts" on video designed to get more fans to go to matches, without recognizing that such blackouts have been shown to be pointless. There used to be rules for baseball in the US that games that weren't sold out wouldn't be shown on TV, but eventually people realized that people weren't watching on TV as a substitute for going to the game, but because they love their favorite team and want to watch them however possible. The more they can watch them on TV, the more interested they are in seeing live games.

Jeff, who sent this story in, makes the point quite clearly, by noting that he watches poor quality streams of Premier League matches in Canada because the League refuses to make most of their matches available to watch online. Rather than going after the companies that run platforms that enable such things, there's a really simple solution: offer high quality online webcasts yourself, and actually serve the fans. But that seems far beyond the Premier League's strategic thinking.

20 Comments | Leave a Comment..

 
Overhype

Overhype

by IC Expert,
Carlo Longino


Filed Under:
driving distractions, sports



Study Says Listening To Sports While Driving Is Dangerous, So Let's Ban That, Too

from the how-far-should-we-take-this dept

A new study from the UK says that people who listen to soccer matches on the radio while driving behave more erratically and dangerously than non-listeners. Indeed, says one of the researchers, "It is widely accepted that the distraction of talking on a hand-held mobile phone may lead to accidents but other activities may have a similar impact – such as listening to sport on the radio." Since the UK's already banned talking on the phone while driving, will it now push for a ban on listening to sports while driving? After all, if "other activities may have a similar impact", they're all worthy of their own bans, aren't they? Here's a novel idea: instead of creating bans on one single activity after another, just crack down on unsafe driving with existing laws, regardless of the cause.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

30 Comments | Leave a Comment..

 
Culture

Culture

by Mike Masnick


Filed Under:
journalism, redding, reporting, restrictions, rodeo, sports



Newspaper Stands Up For Its Right To Report Sporting Events Without Restrictions

from the good-going dept

Last year, we were dismayed that newspapers seemed to be willing to agree to certain rules placed on how they could report on sporting events, as per the National Football League and Major League Baseball. In both cases, these involved significant restrictions on what and how they could report. At the time, we suggested that newspapers stop accepting the restrictions, even if it meant they were no longer granted a press pass -- but every newspaper we know of gave in. Covering baseball and football was just too important -- even though these newspapers could easily still report on games without the benefit of a press pass. You don't need a press pass to report on an event.

That said, while it's on a much smaller scale, it's nice to see the Redding Record Searchlight stop covering the local rodeo over this same issue (found via Romenesko). The rodeo decided that it would only give press passes to those who were "willing to work with us," which meant covering things in a way that was favorable to the rodeo. Good for the Redding Record Searchlight. Hopefully some other newspapers will get up enough courage to tell other (bigger) sports what they can do with their restrictions as well.

11 Comments | Leave a Comment..

 
Culture

Culture

by Mike Masnick


Filed Under:
ncaa, recruiting, social networks, sports



Sports Fans On Facebook May Violate NCAA Recruiting Rules?

from the oh-come-on dept

We've seen way too many situations where modern technology has shown how ridiculous certain rules and regulations are. The latest involves the NCAA apparently freaking out about students at certain colleges setting up Facebook groups pleading with high-profile high school sports students to attend their universities. According to the NCAA such "recruiting" violates its rules that forbid trying to influence student athletes over which college to attend. Because of this, the NCAA has pushed the universities to reign in students, to the point that NC State sent one of its students a cease-and-desist, threatening "further action" if he didn't take down a Facebook group trying to attract a student athlete. The folks who sent the cease-and-desist admit that it's ridiculous, but they had to do so due to the NCAA pressure. They're hoping that the NCAA will back down on this:

"I think nationally the NCAA needs to address further Facebook and how these groups play a part in recruiting. Is it realistic for us to be able to monitor them? What harm is a group like this causing? But as the legislation stands right now, this is the position we have to take."
Of course, this is the same NCAA that has tried to limit reporters from live-blogging sporting events (though, it's done little to enforce those rules), so it would come as no surprise if it chose to continue down this path.

31 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
broadcast rights, copyright, media rights, news, sports

Companies:
gannett



If A Sporting Event Is Newsworthy, Why Can't News Organizations Broadcast It?

from the ownership-society dept

In the past, sports leagues have tried to claim that transmitting information about their events violated their copyrights, but every time they've tried to enforce that, they've lost (often badly) in court. Despite the exaggerated claims you often hear towards the ends of sporting broadcasts about how "Any use of this broadcast or of any pictures, descriptions, or accounts of the game without the league's consent, is prohibited," just because they say it, doesn't make it so -- especially when it comes to "descriptions" of the game.

Of course, this has always made me wonder about the "exclusive contracts" that various sports teams and leagues sign with certain broadcast companies for TV, radio and internet streams. Because, in this day and age, the lines between things start to get blurry really fast. If I'm at a game and using my mobile phone to tell a friend what's happening, am I broadcasting? What if I'm using three way calling so it's more than just one person listening? What if it's 10 people? Now, what if I'm filming the game with my cell phone? These days, there are tons of new services like Qik that allow you to broadcast video directly from your mobile phone. You know there's a lawsuit waiting to happen...

And while it isn't quite as extreme yet, there is a lawsuit happening now that may play into this. Romenesko points us to the news that the Wisconsin Interscholastic Athletic Association has sued newspaper giant Gannett for daring to cover its sporting events by including online video of the event. It claims that showing the event infringes "on its exclusive media ownership rights." Specifically, the group is claiming that high school sporting events are not news, and therefore it has the right to "control the transmission, Internet stream, photo, image, film, videotape, audiotape, writing, drawing or other depiction or description" of games.

Already, we know that it's simply not true that they have the right to control "description" of the game, but do they really have the right to any video tape of the event as well? It seems like quite a stretch to claim that a sporting event is not news. Now, if the event is on private property, they could simply ban the ability to film/record the event and throw violators off the property, but that's separate from the "media ownership rights."

The article above, written by the local Gannett-owned newspaper who filed the suit, is a bit misleading, in that most of the article claims it was sued simply for reporting on the game, which is absolutely ridiculous. The reporter doesn't even mention the video streaming until the 10th paragraph. Still, once you realize that a video you film yourself really is just another "depiction" of a news event... you do have to wonder if the sports organizations really can claim ownership over it. Perhaps this lawsuit will let us find out.

22 Comments | Leave a Comment..

 
Overhype

Overhype

by IC Expert,
Carlo Longino


Filed Under:
piracy, sports

Companies:
premier league



Sports Game Streamers Aren't Pirates, They're Underserved Customers

from the express-written-consent-is-for-schmucks dept

Like the leaders of many pro sports leagues around the world, the people who run English Premier League soccer are worried that the proliferation of sites that stream their games online will hamper their ability to get broadcasters to sign multibillion-dollar TV rights deals. Now the league says it's planning "an aggressive campaign to protect its intellectual property rights" to protect the TV deals. It's the usual stuff: more cease and desist letters, balanced with calls for governments to get more involved and for ISPs to become copyright cops. The article in The Guardian says that the league is "terrified of following the path of the music industry, which saw its business model collapse after it failed to combat digital piracy."

This is typical rhetoric, painting the recording business' problem to be inadequate technological and legal defenses against piracy. It's plainly obvious the issue for the music industry is the failure to adapt its business model to changing times -- and the same could be said for many sports leagues. While the leagues seek to crack down on streaming sites, their existence merely points out missed opportunities for the leagues and their teams to generate business. People don't choose to watch these streams instead of attending a game, or in lieu of watching a crystal-clear legit TV feed in a bar or with friends; they watch them because they're the only option. If piracy is as rampant a problem as groups like the Premier League suggests, it's not a problem -- it's a captive market upon which the league (and perhaps its broadcast partners) should capitalize.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

12 Comments | Leave a Comment..

 
(Mis)Uses of Technology

(Mis)Uses of Technology

by IC Expert,
Carlo Longino


Filed Under:
all-stars, sports, voting



The Real All-Star Action's In The Voting

from the game-on dept

Pro sports' all-star games tend to be pretty tepid affairs, but more and more fans are taking the voting for the games seriously -- perhaps a little too seriously. Once upon a time, I remember that you had to actually go to a major-league baseball game to be able to vote for the all-star team, and ballot-stuffing meant grabbing as many paper ballots as you could find and punching out the baseball-shaped chads for your favorite players. But with leagues expanding voting online and to mobile phones, electronic ballot-stuffing is getting much easier, and becoming much more commonplace. The latest incident involves the Montreal Canadiens hockey team, which is celebrating its 100th anniversary this year. Fans decided a fitting way to celebrate would be to have an all-Canadiens starting lineup at the all-star game, so they put their automated-voting scripts to work.

This irked Pittsburgh Penguins fans, as it would keep the league's two leading scorers -- both Penguins, natch -- off the ice for the start of the game. So the Penguins encouraged their fans to vote via text message, which lets fans vote for all of a team's players at once, to great effect: the two players in question now rank 1 and 2 in voting. The NHL has already tossed out a large number of votes placed by the automated scripts, and beefed up its protections against them. While the leagues are obviously looking to expand the pool of all-star voters, particularly to international fans, they need to take great care to protect the integrity of the voting process. Even though most fans would probably agree that, in the grand scheme of things, the all-star games are good for little more than a laugh, their apathy is easily turned to outrage when they feel like their favorite team or player's been shortchanged. Also, anything that further undermines the games' value in fans' eyes could hamper their value to the leagues as money-spinners, a lesson worth learning for any company that does online voting. One possible solution: have Diebold run the all-star voting, since it seems like they might lose plenty of votes anyway.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

4 Comments | Leave a Comment..

 
Culture

Culture

by IC Expert,
Carlo Longino


Filed Under:
rights deals, sports

Companies:
justin.tv, premier league



Will Justin.tv Destroy Sports TV Rights Deals?

from the learn-to-serve-the-demand dept

Last month, Mike wrote about how the English Premier League was making threatening overtones towards Justin.tv, after it discovered some users on the site were streaming broadcasts of its soccer matches. It's the usual stuff from sports leagues, complaining that the sites aren't doing enough to stop piracy, and that their safe harbor shouldn't protect them, and that the DMCA takedown process isn't good enough. Now, a piece in The Guardian wonders if the large-scale piracy, along with a spending slowdown, will hit the value of TV rights deals when they come up for renewal, with broadcasters unable to justify the same level of spending should viewer figures fall.

This scenario isn't hard to imagine, but should it occur, it will be thanks to a lack of business acumen, not piracy. These sites exist, and thrive, because they serve demand untapped by the Premier League and its rightsholders. For instance, the rights situation means that in England -- where the league's based and its games played -- fewer games are broadcast on TV than in many places in the world. Here in the US, nearly every match is broadcast each weekend; just a handful make it onto UK TV screens. British pub owners tried to serve the untapped demand for this by buying satellite systems from foreign countries, but the EPL shut that avenue off in the courts. Likewise, users in the UK and elsewhere turn to sites like Justin.tv because they don't have other options. The match they want to see isn't available on television, or they're not near a TV set when the match is being played. I'd argue this drives use of the services much more than a desire for free content does.

The rights situation domestically in the UK is the way it is because of the long-held view that putting games on TV will hold down attendance; but the small stadium sizes and increasingly geographically distributed fan bases (along with high ticket prices) do this already. And indeed, the experience of other sports leagues around the world would indicate that giving fans the ability to watch their teams' games on television does little, on its own, to hurt attendance. That sort of view seems to color the entire TV rights situation for the Premier League: it tries to manufacture some sort of scarcity in an attempt to increase its revenues. But the popularity of sites that make broadcasts available online makes it clear they'd be better off answering this demand with services of their own.

Here's a novel idea: instead of trying to crack down on the likes of Justin.tv, why not require rightsholders to offer free streams of games as parts of their deals? Then, the Premier League and its broadcast partners get to serve this demand, instead of Justin.tv or Chinese P2P services, and get to capitalize on it through advertising or other means. It might have some effect on pay services by giving fans with the least willingness to pay a free service to use, but again, I'd argue that most people would still prefer to watch their teams' games on a bigger screen and in higher quality enough to pay for it. And the additional fans the services would reach could make new converts to paid services as well. Whatever the EPL decides to do, it's impossible to understand how it thinks it can benefit by alienating fans and making it difficult, if not impossible, for them to follow their teams.

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

12 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
facts, fantasy football, football, sports, stats

Companies:
cbs, mlb, nfl



CBS Goes To Court To Let The NFL Know That You Can't Copyright Player Stats

from the and-it's-correct dept

Over the past few years, there have been a series of lawsuits concerning whether or not fantasy baseball operators need to license player info from Major League Baseball. Major League Baseball lost at every level and an eventual appeal to the Supreme Court was turned down. However, it appears that the National Football League wanted to ignore these rulings, and has still been trying to get fantasy sports sites to pony up to use stats and player info -- despite the fact that you cannot copyright facts. CBS is now challenging the NFL on this, and has gone to court to get a declaratory judgment that it doesn't need a license. It's difficult to see this case turning out any differently than the MLB cases, considering the facts of the case are almost identical.

24 Comments | Leave a Comment..

 
(Mis)Uses of Technology

(Mis)Uses of Technology

by Mike Masnick


Filed Under:
automation, computers, referees, sports, umpires



Why Not Just Computerize Sports Refs And Umps?

from the who-needs-the-human-element? dept

Last week, Major League Baseball introduced instant replay for the first time (oddly, MLB rushed the introduction mid-season, with no real testing), which has many wondering if the rather "human" element of umpires making bad calls will be a lost element of the game. While it can suck when such wrong calls go against your team, the umpires' ability to screw up has always been a part of the appeal to many fans of the game. However, Farhad Manjoo over at Slate is wondering about the inevitable next step: moving to completely automated umpires and referees in various sports. He compares the Hawk Eye system that is used in tennis to determine whether a ball is in or out to the efforts in MLB, but points out that computerized systems are far from perfect. In fact, they can lead to some highly questionable results, such as a situation in which every single human observer believed a ball was out, and even television replays showed the ball appeared out -- but Hawk Eye claimed it was in, and that the problem was that human eyes weren't good enough to see if the ball was really in or out. At that point, it makes you wonder whether or not such a machine ruling really makes sense.

15 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
competition, exclusivity, sports, video games

Companies:
ea



Video Gamers Sue EA Over Exclusive Sports Games

from the yes...-but... dept

Sports video games are a huge business -- and for many years, it was an extremely competitive space. I remember a few years back trying to wade through half a dozen different baseball video game titles to figure out which one was worth buying. However, a few years back, video game giant EA started signing "exclusive" deals with a variety of sporting leagues, including the NFL. These "exclusive" deals supposedly meant that only EA could produce games with the names and stats of real players -- a huge selling point among most fans. And, of course, in gaining exclusivity, EA has completely cashed in. However, a bunch of angry video gamers are now suing the company for anticompetitive conduct, noting that these exclusive deals killed off all the competition, allowing EA to drastically raise its prices.

Of course, there's a separate issue that might make these gamers (and other video game companies) happy: with the recent rulings concerning fantasy baseball, it appears that the court system recognizes that player names and stats are public domain data. Thus, even with the "exclusivity," other video game companies should be able to include real player names and data. They probably still cannot use real league logos, and even player likenesses may be out (which, again, is often a big selling point) -- but hopefully it at least brings some competition back to the market.

54 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
baseball, broadcast rights, copyright, free press, ownership of content, reporting, sports

Companies:
mlb



Media Companies Consider Suing MLB Over Reporting Restrictions

from the careful-with-that-antitrust-exemption dept

We've discussed how both Major League Baseball and the National Football League have convinced the press to live with restrictions on how they can report on games online. For rather obvious reasons, this seems troubling. While both are private organizations that can set up the terms by which they hand out press passes, you would think that the media, with its strong belief in a free press, would refuse to go along with any restrictions. The NY Times is now looking into the issue, noting that a big part of the problem is still that the leagues somehow think they "own" sports content. It also points out that part of the problem was in thinking that "video" is only done by television networks who pay tremendous sums for exclusive rights. So the leagues are afraid that reporters with camera phones will put those huge contracts in jeopardy.

However, hidden down towards the end of the article is one interesting tidbit. A bunch of big media companies are actively doing legal research in preparation for bringing these restrictions into court. Specifically, they're interested in targeting Major League Baseball -- which has a special exemption from antitrust law from Congress. The media companies may use these restrictions to suggest that MLB is abusing that right. While it would definitely make for an interesting lawsuit, it's still difficult to see how the activities are, by themselves, illegal. The team gets to decide who it gives out press passes too -- and that's where the restrictions come from. If the media refused to take press passes and reported on the team in other ways (including buying tickets to the game for reporters) then it could report however it wanted -- just with a lot less access. But if all the major media started boycotting the terms of access this way, you can bet that MLB and the NFL would back down quickly.

8 Comments | Leave a Comment..

 
Stupidity

Stupidity

by Mike Masnick


Filed Under:
journalism, live blogging, ncaa, reporting, sports



NCAA Puts Limits On Live Blogging Sports Events

from the a-new-low dept

For years, we've been pointing out how ridiculous it is for professional sports leagues to try to claim ownership of game data. Facts cannot be covered by copyright -- and neither can your own description of the events on the field. However, many of the leagues still wanted to claim that you couldn't report the facts of the game without paying a license. Trying to show how ridiculous this claim was, I asked where it ended, saying: "If I'm at the game, and I use my mobile phone to report what I see, is that considered 'rebroadcasting' the game? What if I'm posting the information to a web site?" The point had been that no one would rationally think that was against the rules. How naive I was apparently...

Acting even worse than a professional sports league, the National Collegiate Athletic Association (NCAA), got things rolling last summer by ejecting a live blogger from a college baseball game. Apparently, the NCAA had decided that this was too close to "rebroadcasting" and ridiculously believing that fans might just watch a liveblog report rather than the actual event on TV. This kicked up some attention -- and you would think that the NCAA would have realized what a dumb policy this was and backed down. Not so.

Instead, the NCAA has now instituted special "live-blogging rules" for anyone credentialed to cover NCAA events. The rules change per sport, but they limit how many times you can blog during the course of a game. For baseball: once per inning (not even once per half-inning!). For basketball, it's five times per half, once during half-time, and twice in overtime. Football is three times per quarter and once at half-time. It even covers the more obscure sports: you can only blog 10 times per day at a swimming match, for example. You can see all the details here (pdf).

Now, before anyone goes screaming censorship or free speech or anything along those lines -- these are the rules that the NCAA is setting for credentialed reporters. And, as a private organization, the NCAA can set whatever rules it wants for handing out credentials, no matter how mind-numbingly stupid they may be. If I were a publication covering NCAA sports, I would simply buy my reporters tickets to the games, rather than getting them in on a press pass under such rules. What's really idiotic, though, is that this makes no sense. Limiting live blogging only hurts the sport. The people who follow live blogs are the really passionate fans -- the ones who love the game the most. They follow the live blogs not as a substitute for watching the game on TV or attending in person -- but because they cannot view the games that way and/or they want to feel the camaraderie of discussing the event with other passionate fans. Cutting off the ability of a reporter to feed info to these fans simply makes no sense. It's hurting your most passionate fans for no good reason whatsoever.

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Stupidity

Stupidity

by Mike Masnick


Filed Under:
copyright, sports



Sports Organizations Worldwide Using Copyright Claims To Fight Press Coverage

from the stupidity-knows-no-bounds dept

Various sports organizations seem to have taken a page from the RIAA and the MPAA over the last few years, stupidly thinking that it makes sense to try to cash in on every little segment of their events, even if it hurts the promotional value of those events, killing off fan interest in the process. We'd mentioned earlier this year how the NFL was claiming that it could control how reporters reported on NFL players and events. Soon after that, we wrote about how the organizers of the Rugby World Cup faced a boycott from reporters, after they tried to put restrictions on the reporting as well. In both cases, the sporting leagues are claiming they can do this because they own the "intellectual property" rights on the events -- which is a total bastardization of the purpose of copyright. It's never been meant to restrict how reporters could report on the events.

However, that's not stopping more sporting event organizers from salivating at the chance to control the press some more. A bunch of them have now banded together to form an organization (no, we are not kidding) to push for worldwide treaties that would recognize their intellectual property rights over game events. The group claims it needs to do this to "protect and promote the special nature of sport." Oh really? And just letting reporters, say, report on these events doesn't protect or promote the nature of sport? It seems more likely that these sports organizations are trying to put these restrictions on reporters for a variety of reasons -- from covering up negative stories to forcing reporters to act as advertisers for sponsors of the sport. Either way, it goes well beyond the purpose of any intellectual property law -- and hopefully politicians aren't blinded by "the special nature of sport" into agreeing to any kind of restrictions on reporting on those events.

11 Comments | Leave a Comment..

 
Overhype

Overhype

by Mike Masnick


Filed Under:
blame, robert green, soccer, sports, uk, video games



England Football Player Blames Video Games For Team Failure

from the what,-no-other-countries-have-playstations? dept

We see all sorts of problems being blamed on technology, but here's a new one. An English football/soccer player is now blaming video games for England's inability to reach the finals of the Euro 2008 football championships. It's not entirely clear what is so objectionable about the video game consoles, as his comments aren't exactly clear in terms of reasoning: "We would have the best team if we could go into every household and throw away every PlayStation, Xbox and video game." Apparently, other countries are better because people have nothing better to do: "Other countries seem to bring on world-class players, countries like Argentina and Brazil where often it's football or nothing. In contrast we live in a country where we have choices and perhaps the will to do it, the need to escape your own situation, is not so clear." If I'm parsing that correctly, it sounds like he's actually saying it's pretty much all progress that's to blame. If the country were in squalor and the only way to survive was to play the sport, then the national team would be better. He may be right... but, of course, it means that (beyond happy fans), you'd have a pretty miserable country.

25 Comments | Leave a Comment..

 

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