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<title>Techdirt. Stories filed under &quot;superbowl&quot;</title>
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<image><title>Techdirt. Stories filed under &quot;superbowl&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
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<pubDate>Fri, 1 Feb 2013 13:46:13 PST</pubDate>
<title>CBS Bans Commercial That Disparages Coke &#038; Pepsi, But Lets Them Disparage Each Other</title>
<dc:creator>Daniel O'Connor</dc:creator>
<link>http://www.techdirt.com/articles/20130201/12210721856/cbs-bans-commercial-that-disparages-coke-pepsi-lets-them-disparage-each-other.shtml</link>
<guid>http://www.techdirt.com/articles/20130201/12210721856/cbs-bans-commercial-that-disparages-coke-pepsi-lets-them-disparage-each-other.shtml</guid>
<description><![CDATA[ Oh, the benefits of incumbency.
<p>Sodastream is a cool new company that allows consumers to make their own carbonated beverages at home. &nbsp;Given its popularity, largely <a href="http://www.youtube.com/watch?v=5q0_nRh7bJ4" target="_blank">due to its ease of use</a>, SodaStream&#8217;s&nbsp;<a href="http://www.google.com/finance?chdnp=1&#038;chdd=1&#038;chds=1&#038;chdv=1&#038;chvs=Linear&#038;chdeh=0&#038;chfdeh=0&#038;chdet=1359752400000&#038;chddm=22822&#038;chls=IntervalBasedLine&#038;q=NASDAQ:SODA&#038;ntsp=0&#038;ei=9P4LUci1EIXolQOklAE" target="_blank">stock has been on a run</a> the last few months. &nbsp;It also possesses the potential to disrupt to established beverage companies like Pepsi and Coke.</p>
<p><iframe width="500" height="281" src="http://www.youtube.com/embed/68al-o2XSpE?feature=oembed" frameborder="0" allowfullscreen=""></iframe></p>
<p>Not surprisingly, SodaStream&nbsp;would like to advertise this fact. &nbsp;In fact, it is so keen on advertising the relative benefits of its product over the more traditional route of buying pre-made soda from the store that the company ponied up for a Super Bowl commercial. &nbsp;Unfortunately for SodaStream, the ad was rejected by CBS, not because it was too risque, but because it &#8220;disparages&#8221; other major advertisers (which is apparently more objectionable than borderline softcore porn a la <a href="http://www.youtube.com/watch?v=7oSQ8ZzxAsE">GoDaddy</a> and <a href="http://www.youtube.com/watch?v=uPq7jVGPs3g">Mercedes</a>). &nbsp;As Ad Age <a href="http://adage.com/article/special-report-super-bowl/cbs-tells-sodastream-revise-brand-bashing-super-bowl-spot/239434/">reported</a>:</p>
<blockquote>
<p dir="ltr">The content of its planned commercial seemed to have concerned CBS because it was a direct hit at two other Super Bowl sponsors and heavy network TV advertisers: Coke and Pepsi.</p>
</blockquote>
<p><a href="http://www.project-disco.org/competition/011513-cbs-cnet-and-how-to-kill-tech-journalism-through-big-media-denial/">We&#8217;ve discussed elsewhere</a> CBS&#8217;s newfound affinity for the ban hammer, but this isn&#8217;t even the first time this has happened to SodaStream. &nbsp;British regulatory authorities yanked Sodastream&#8217;s first major advertising campaign for &#8220;<a href="http://newsfeed.time.com/2012/11/28/sodastream-ad-yanked-in-britain-for-angering-coca-cola-and-pepsi/" target="_blank">being too disparaging towards soda manufacturers like Coke and Pepsi</a>.&#8221;</p>
<p>How disparaging was SodaStream&nbsp;that its ads were pulled from television? &nbsp;Well, it simply pointed out that SodaStream&nbsp;was more environmentally friendly than drinking off-the-shelf sodas because, with SodaStream, &#8220;you could save more than 2,000 bottles a year.&#8221; &nbsp;Wow, that is incendiary. &nbsp;Not safe for public consumption!</p>
<p>It gets better. &nbsp;<a href="http://en.wikipedia.org/wiki/Clearcast">Clearcast</a>, the NGO &#8212; funded by the British broadcasters &#8212; that pre-approves most advertisements for British television, <a href="http://adage.com/article/news/sodastream-campaign-alex-bogusky-yanked-u-k/238469/">reportedly offered this rationale</a> for pulling the ad:</p>
<blockquote>
<p dir="ltr">The majority decided that the ad could be seen to tell people not to go to supermarkets and buy soft drinks, [and] instead help to save the environment by buying a SodaStream. [SodaStream] was also told that it constituted denigration of the bottled-drinks market.</p>
</blockquote>
<p>Hypocritically, U.S. broadcasters have allowed Pepsi to air Super Bowl ads that bashed Coke directly, as Ad Age also <a href="http://adage.com/article/special-report-super-bowl/cbs-tells-sodastream-revise-brand-bashing-super-bowl-spot/239434/" target="_blank">pointed out</a>:</p>
<blockquote>
<p dir="ltr">Interestingly enough, Pepsi has scored big points with viewers over the years by showing Super Bowl ads with Coke deliverymen abandoning their employer wholesale for a sip of a Pepsi drink.</p>
</blockquote>
<p>Moral of this story: &nbsp;Pepsi and Coke can attack each other over trivial differences in their products, but don&#8217;t attack the business model of big incumbent advertisers.</p>
<p>Fortunately, there is an upside for SodaStream. &nbsp;All the controversy that these ads have stirred has generated a buzz around them. &nbsp;The SodaStream&nbsp;&#8220;banned Super Bowl ad&#8221; has already generated more than two million hits on YouTube in two days and generated a media buzz around the company itself. &nbsp;And that&#8217;s without having to splash <a href="http://www.cbsnews.com/8301-500395_162-57566873/super-bowl-ad-prices-rise-worth-the-cost/">$3.8 million</a> worth of cash for a Super Bowl commercial. &nbsp;Another example of the <a href="http://en.wikipedia.org/wiki/Streisand_effect" target="_blank">Streisand Effect</a> in action.</p>
<p>[SodaStream is running a <a href="http://www.youtube.com/watch?feature=player_embedded&#038;v=h1HQxcTYTho" target="_blank">commercial during the Super Bowl</a>, but it was forced to replace Coke and Pepsi with fictional soda companies. &nbsp;However, that ad only has a little more than 17,000 YouTube views in the last two days.]
<br /><br />
<i>Cross posted from <a href="http://www.project-disco.org/competition/020113-cbs-to-sodastream-you-cant-advertise-against-incumbents-during-the-super-bowl/" target="_blank">Project-Disco</a>.</i></p><br /><br /><a href="http://www.techdirt.com/articles/20130201/12210721856/cbs-bans-commercial-that-disparages-coke-pepsi-lets-them-disparage-each-other.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130201/12210721856/cbs-bans-commercial-that-disparages-coke-pepsi-lets-them-disparage-each-other.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130201/12210721856/cbs-bans-commercial-that-disparages-coke-pepsi-lets-them-disparage-each-other.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>no-disruption-allowed</slash:department>
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<pubDate>Fri, 1 Feb 2013 05:33:39 PST</pubDate>
<title>One Of The Funniest S#*$r B$@l Ads You'll See This Year Makes Fun Of NFL Trademarks</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20130131/12204721842/one-funniest-sr-bl-ads-youll-see-this-year-makes-fun-nfl-trademarks.shtml</link>
<guid>http://www.techdirt.com/articles/20130131/12204721842/one-funniest-sr-bl-ads-youll-see-this-year-makes-fun-nfl-trademarks.shtml</guid>
<description><![CDATA[ It&#39;s almost that time of year again, when many of us lesser beings will gather together to watch super-human men on all manner of PEDs and <a href="http://sportsillustrated.cnn.com/nfl/news/20130130/ray-lewis-deer-antler-spray/?sct=uk_t2_a8">deer antler urine</a> sprays smack each other around while an oblong leather ball sits somewhere in the background. We'll leap for the pizza and chili like salmon during mating season while, between whistles, obligatory <a href="http://www.techdirt.com/articles/20120206/10505917670/nfl-issues-takedown-chrysler-super-bowl-commercial.shtml">commercials</a> with Avatar-like production budgets glow at us. That's right sports fans, it's [editor redacted] time!<br />
<br />
Wait, hey! What the hell? I said it's [editor redacted] time! Oh, come on. I can't say [editor redacted]? Fine, what about a euphemism, like [editor redacted]? No, can't say that either? Maybe [editor redacted]? Damn it, this is <i>stupid</i>. I'm talking about something that rhymes with "Pooper Hole" (heh, got you, editor!).<br />
<br />
Fortunately for our entertainment sensibilities, Samsung decided this year to combine a distaste for trademark stupidity and our concept of advertising being content in this gem of a spot.
<center>
<p>
<iframe allowfullscreen="" frameborder="0" height="315" src="http://www.youtube.com/embed/pzfAdmAtYIY" width="560"></iframe><br />
<span style="font-size:10px;">Pictured: million dollar passive aggression</span></p>
</center>
<p>
<br />
Yes, Samsung has decided to do a game-that-shan't-be-named commercial making fun of how the NFL is overly aggressive with their trademarks. I'd call Seth Rogen and Paul Rudd's delivery "brilliant", but that'd be like referring to Natalie Portman as "mildly attractive", and even I have some damned sense, people. The NFL likes to toss around a great deal of words and pretend like they're true even when <a href="http://www.techdirt.com/articles/20120202/04205917638/hey-advertisers-stop-believing-nfls-lies-about-trademark-law-call-super-bowl-super-bowl.shtml">they're not</a>, especially when it comes to trademarks. This spot uses the absurdity of it all to highlight how aggressive they are. Maybe it will even open up an eye or two to the silliness of the ever-growing <a href="https://www.google.com/url?q=http://www.techdirt.com/blog/%3Ftag%3Dpermission%2Bculture&sa=U&ei=xdMKUcbBA8PfrAG1joGIBQ&ved=0CA0QFjAC&client=internal-uds-cse&usg=AFQjCNHIHZ2SZRlPxm2fbp8Gh9s2cmtgNw">permission culture</a>.
</p><br /><br /><a href="http://www.techdirt.com/articles/20130131/12204721842/one-funniest-sr-bl-ads-youll-see-this-year-makes-fun-nfl-trademarks.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130131/12204721842/one-funniest-sr-bl-ads-youll-see-this-year-makes-fun-nfl-trademarks.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130131/12204721842/one-funniest-sr-bl-ads-youll-see-this-year-makes-fun-nfl-trademarks.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>big-game-or-whatever</slash:department>
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<pubDate>Mon, 2 Feb 2009 20:35:00 PST</pubDate>
<title>Most Popular Superbowl Ad Created By Amateurs</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090202/1108103610.shtml</link>
<guid>http://www.techdirt.com/articles/20090202/1108103610.shtml</guid>
<description><![CDATA[ For the past few years, there's been something of a backlash against the idea of "amateur" content production.  Folks like Andrew Keen and Nick Carr have taken to mocking such efforts and insisting that professionals are basically all there is worth trusting.  And... then... Doritos holds a "Crash the Superbowl" contest where amateurs are invited to submit commercials, out of which the top 5 are to be aired during the Superbowl.  Not only did Doritos get nearly <a href="http://www.crashthesuperbowl.com/#/gallery/browse/random/">2,000 submissions</a>, one of the ads was <a href="http://www.usatoday.com/money/advertising/admeter/2009admeter.htm?loc=interstitialskip" target="_new">found to be the most popular ad according to USA Today's Ad Meter</a>, beating out the traditional kings of the Superbowl advertising business, Anheuser Busch (and winning its creators a $1 million prize).  The point, which is repeatedly missed by the elitists who claim only professionals can make content is that, even if <i>most</i> of the content made by amateurs sucks, the ability for almost anyone to create content means that those who <i>can</i> do quite well, even as amateurs, now have the ability to do so.  The end result is that amidst plenty of bad content, there's also an awful lot of great content that never would have been produced otherwise.<br /><br /><a href="http://www.techdirt.com/articles/20090202/1108103610.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090202/1108103610.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090202/1108103610.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>funny-how-that-works</slash:department>
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<pubDate>Mon, 2 Feb 2009 05:20:24 PST</pubDate>
<title>Rather Than Mocking Confusion Over Copyright Law, IP Lawyers Should Look At Fixing It</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090201/1839253592.shtml</link>
<guid>http://www.techdirt.com/articles/20090201/1839253592.shtml</guid>
<description><![CDATA[ Over the past few years, around Superbowl time, there have been various articles about the NFL threatening groups (often churches) for potentially <a href="http://www.techdirt.com/articles/20070201/140812.shtml">violating copyright law</a> by having a "public performance" of the Superbowl on a TV greater than 55" inches.  This year, we didn't see much of that, but there was an odd article about University of Tampa students being told that <a href="http://www.theminaretonline.com/news/law_student_bodies_ok_in_bowl_parties-1.1315589" target="_new">they couldn't have more than 3.4 people watching the Superbowl in their dorms</a>, or it risked being a public performance and violation of copyright law.  This, of course, makes very little sense (not the least of which is the obvious question of how you have .4 of a person.
<br><br>
Not surprisingly, this has the IP lawyers out there <a href="http://randazza.wordpress.com/2009/01/31/flori-duh-hall-monitors-flunk-copyright-law/" target="_new">mocking folks</a> for being <a href="http://copyrightsandcampaigns.blogspot.com/2009/02/note-to-university-of-tampa-copyright.html">totally clueless on copyright law</a>.  Yes, yes, it's easy to mock -- especially when the whole 3.4 person issue seems to have been basically made up from nowhere.  However, I'd argue that the problem is less with the University of Tampa than it is with what copyright law has become these days.  
<br><br>
We hear so many stories of bizarre interpretations of copyright law, that it clearly seems <i>perfectly reasonable</i> to many, many people that copyright law might actually say that about 3.4 people representing a public performance.  When churches are getting threatening letters and mechanics are being <a href="http://www.techdirt.com/articles/20071005/094552.shtml">sued</a> for playing music to loudly in the garage, it doesn't seem out of the realm of possibility.  The problem is not with some clueless folks at the University of Tampa as it is with (a) our current copyright laws that have been patched and duct taped together over and over again that no non-lawyer can truly understand them, let alone abide by them and (b) other recent rulings on copyright law that have made it clear to people that the law is used to stop perfectly normal activities.  
<br><br>
So, the IP lawyers can have fun mocking, but I'd suggest their time might be better spent working to fix copyright law so that people wouldn't even think this made sense.<br /><br /><a href="http://www.techdirt.com/articles/20090201/1839253592.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090201/1839253592.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090201/1839253592.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>3.4-people-out-of-4-think-so</slash:department>
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<pubDate>Mon, 21 Jul 2008 15:48:58 PDT</pubDate>
<title>The FCC's Obscenity Malfunction</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080721/1422421746.shtml</link>
<guid>http://www.techdirt.com/articles/20080721/1422421746.shtml</guid>
<description><![CDATA[ The FCC has a pretty spotty record when it comes to dealing with <a href="http://www.techdirt.com/articles/20060910/192931.shtml">indecency charges</a>.  Basically, it seems to randomly fine stations if it receives enough complaints, even if most of those complaints come from auto-generated scripts from people who didn't actually see the content at all.  Of course, perhaps the most highly publicized case where the FCC got involved over what it found to be indecent content was the infamous Janet Jackson Super Bowl wardrobe malfunction.  However a court has now ruled that, rather than a wardrobe malfunction, the <a href="http://news.wired.com/dynamic/stories/C/CBS_JANET_JACKSON?SITE=WIRE&#038;SECTION=HOME&#038;TEMPLATE=DEFAULT&#038;CTIME=2008-07-21-10-55-24" target="_new">real malfunction was by the FCC</a>, which had changed its obscenity standards arbitrarily and with no explanation whatsoever in doling out fines over the incident.  The court points out that the FCC is allowed to change its standards, but with an explanation and not so arbitrarily.  In this case, though, it seemed clear that the response was politically motivated -- and the court has tossed out the fines.<br /><br /><a href="http://www.techdirt.com/articles/20080721/1422421746.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080721/1422421746.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080721/1422421746.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>arbitrariness-is-no-way-to-govern</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20080721/1422421746</wfw:commentRss>
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<pubDate>Mon, 11 Feb 2008 14:48:00 PST</pubDate>
<title>Congress Wants To Separate Church And NFL From Copyright Laws</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080211/111555226.shtml</link>
<guid>http://www.techdirt.com/articles/20080211/111555226.shtml</guid>
<description><![CDATA[ Following a <a href="http://techdirt.com/articles/20080201/164154153.shtml">second</a> year of stories about the NFL <a href="http://techdirt.com/articles/20070201/140812.shtml">stopping churches</a> from throwing Superbowl parties if they have TV screens larger than 55", it appears that some folks in Congress are stepping up to <a href="http://www.washingtonpost.com/wp-dyn/content/article/2008/02/06/AR2008020604305.html">create an exception in copyright law</a> for "houses of worship."  For everyone else, the 55" limit would prevail, but churches would now be allowed to show "The Big Game" without worrying about copyright infringement charges.  It's not clear why churches deserve an exemption to this law (or why the 55" limit is in the law in the first place), but don't expect that to stop politicians from jumping on a popular bandwagon issue.  
<br /><br />
Still, it's fun to watch people who clearly have no understanding of what's going on weigh in on the topic -- sometimes in well known publications.  Witness a columnist for the Boston Herald who <a href="http://news.bostonherald.com/news/opinion/op_ed/view.bg?articleid=1072446&#038;srvc=home&#038;position=emailed" target="_new">is upset about the proposed change</a>, but for the wrong reasons.  First, he appears to not understand the difference between copyright and trademark, claiming that the NFL has to enforce its copyright or it will lose it (that would actually be trademark, but who's fact checking?).  He then goes on to state that "the copyrights are private property, and the league has every right within the law to profit from that property."  Indeed, but banning 55" screens doesn't prevent the NFL's right to profit.  In fact, this gets even more ridiculous when the guy says: "To have the government in effect confiscate that property to benefit religious institutions seems a very worrisome precedent."  Wait, and having the government in effect determine the maximum size of a private TV isn't a worrisome precedent?<br /><br /><a href="http://www.techdirt.com/articles/20080211/111555226.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080211/111555226.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080211/111555226.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>keep-'em-separated</slash:department>
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