Legal Issues

by Mike Masnick


Filed Under:
baseball, fair use, josh hamilton, the natural

Companies:
mlb



MLB Backs Down When Someone It Bullies Explains Fair Use To Them

from the well,-that's-better-than-the-alternative dept

For years now, Major League Baseball's online division, MLB.com, has been over aggressive in claiming ownership and control over anything associated with Major League Baseball -- even though court after court has told them they don't get to control everything. However, MLB just keeps on claiming ownership of things anyway, such as sending out various DMCA takedown notices to YouTube for any clip of baseball put up by anyone else. Larry Lessig has the story, though, of one fan who fought back and filed a detailed counterclaim about how his video was fair use and MLB was repeatedly abusing its power in damaging ways. Amazingly, not only did MLB relent, it featured the video it had just demanded get taken down on its own blog. To be honest, there's a chance that the two things are unrelated, and the blogger had no idea that the parent company's lawyers were trying to shut down the video -- but the story is a good reminder that if someone is overreaching in their takedown attempts, it can be effective to respond with a counternotice that clearly states the issues.

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  • icon
    MadJo (profile), 23 Sep 2008 @ 2:44am

    I used to be a paying subscriber to MLB.tv... but since they started their online bullying, not anymore.
    I refuse to support a bully.
    I like to watch baseball, but not to the extent that I water down my principles to watch it.

    reply to this | link to this | view in chronology ]

  • identicon
    MLB LICENSING BUREAU, 23 Sep 2008 @ 6:56am

    STOP THAT

    you used the words MAJOR LEAGUE BASEBALL in your post. In order for you to reference our venerable institution, you must PAY PAY PAY. You may not even use the word BASEBALL because we have Copyrighted that term. And MAJOR LEAGUE? Don't even ask! Please send all the money you have RIGHT NOW or we will sic the RIAA on you! NOW DO IT!

    reply to this | link to this | view in chronology ]

  • identicon
    Sand Jent, 23 Sep 2008 @ 7:10am

    Gooberman's counter notification to MLB Advanced Media is a gem of craftsmanship in the art of writing.
    I gave up on baseball in the wake of the steroid cheating scandals of the '90s. The pennant races, pursuit of records, and the World Series just don't seem real anymore.
    However, it is to MLB's credit they backed down from this particular issue.

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 23 Sep 2008 @ 7:35am

    not much to right about?

    someone was sued and then they counter sued and the case was dropped.

    wow, thanks for catching this..the legal world will never be the same.

    reply to this | link to this | view in chronology ]

    • identicon
      gyffes, 23 Sep 2008 @ 9:29am

      Re: not much to right about?

      Wow, imagine being so stupid you're starky... AND don't know how to spell "write"...

      Do your parents know you're using the computer, little boy?

      reply to this | link to this | view in chronology ]

    • identicon
      Balthazar, 23 Sep 2008 @ 9:35am

      Re: not much to right about?

      Not many functioning brain cells left, eh, AC? Thanks for your input -- it's so helpful and has really opened up the discussion. You're a real wordsmith.

      reply to this | link to this | view in chronology ]

  • identicon
    Regular American, 23 Sep 2008 @ 7:37am

    I didn't realize

    People still watch baseball?

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 23 Sep 2008 @ 9:18am

    What should be happening is that when these corps sue and lose, THEY SHOULD BE FINED 10X what they sued for!

    reply to this | link to this | view in chronology ]


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