Goodell LEAK TO FOX-GATE takes another twist...

[LoveDemPats]

Here's what I cannot figure out. The Pats make a tape that supposedly allows them to mindread the Jets calls and make football 'oh, so much easier' against the Jets. Then the league takes these forbidden tapes and distributes them to other NFL teams to see if they think they could be used to cheat? Then they allow copies of these highly dangerous tapes to be duplicated and spread to the four corner of the known universe. So it seems that the league has helped god only knows how many other team see the same illegal materials, and they didn't even have to play the Jets. So is this what the NFL means when it says 'an even playing field'?

Also, they have made it a new rule that the Jets have to use those same signs forever and ever and one day. So, that is the way it is going to be from here on out and stuff.

 

[Gunnails]

Hey, I went to one of the Jets sites and saw a picture of some woman named Gina. What's her connection to the team, do you know?

=====================================

She is a flag girl.

Gina, is a dance teacher and soon to be a nurse from KingsPark, NY, She attends Suffolk Community College. She is also a New York Dragons Fire Dancer. Gina enjoys vacationing in Hawaii. Her favorite CD is Reina and her favorite TV shows are So You Think You Can Dance and American Idol.


She is a cutie. Flag Girls are kinda like cheer leaders, only they realy don't cheer or dance, just kinda run around waving big green Jet flags.

 

[Deus Irae]

=====================================

She is a flag girl.

Gina, is a dance teacher and soon to be a nurse from KingsPark, NY, She attends Suffolk Community College. She is also a New York Dragons Fire Dancer. Gina enjoys vacationing in Hawaii. Her favorite CD is Reina and her favorite TV shows are So You Think You Can Dance and American Idol.


She is a cutie.

Thanks. She looked tremendous in the picture I saw.

 

[DaBruinz]

What are the reports on how the tape was confiscated? Was there a gap between when the camera man was detained and when it was seized by NFL security?

My concern here is that the Patriots leaked it. How are we so sure they did not get a copy? Might they not have asked to see it before they prepared their response? I imagine they might have.

How would the Pats have copied the tape? Video Playing equipment is not allowed in the locker-rooms.

Estrella was under constant watch by Jets security while NFL security was notified.

 

[DaBruinz]

I'm still not clear on what Fox did with the tape and why this is a story.

Either the Jets leaked it because it is incriminating or the Pats did because its not.

Is Fox showing this video? What statements has Glazer made about it?

SOCAL -
According to the story, the tape was confiscated from Estrella, sealed and sent to the Commissioner's office by NFL Security. So there would be NO WAY for either the Jets OR the Patriots to copy it. This would then imply that the leak was in the league offices.

And its a story because Glazer wasn't supposed to have a copy of it, yet it aired during the game.

 

[AzPatsFan]

This is almost certain a "fair use," which is a defense to a copyright violation. Plus, government action -- which includes federal statutes such as the copyright act -- cannot impinge on the press's freedom to report on matters pertinent to public figures or newsworthy events.

The use Fox made of the tape is almost certainly a statutory fair use, and even if it weren't, it would almost certainly violate the 1st Amendment to try to restrain them from using it.

I'm actually not even certain the NFL owns the copyright, by the way, in what was shown on the tape. It's not the contest itself.

Anyway, Fox has broad first amendment protection here. They similarly cannot be required to disclose their source or even be ordered to produce the tape they have except in very compelling circumstances.

You act like private individuals and organizations are treated like the government. Most of Bill of Rights (First ten amendments) exist to prevent the GOVERNMENT,but not its citizens, using its coercive force on the citizenry.

The news media has no more right to steal and use materials from a private citizen than the Mafia does when it uses a gun. Conversely, the private citizen, unlike the government, does have a right to privacy and, he also has a right to the assumption of security in his private papers.

 

[Patti37]

The story has been that Estrella was surrounded by Jets security, Pats security, some NJ state troopers, and so on. Eventually, he gave the tape straight to NFL security.

If that's true, I don't know how the Jets could have been guilty of the leak any more than the Pats could be.

That was the originally story I remember. Anyway, this story needs to remain alive until the NFL offers a suitable answer as to how this happened. I also think they need to let the public know how the individual who leaked the tape was punished.

 

[Bostonian1962]

My money is on Polian

Probably, but Fischer, Marvin Lewis, and Del Rio are all suspects too. All the insecure Patriot haters have to be on the suspect list.

 

[FreeTedWilliams]

IF this was a criminal case, the leak of the videotape, and the NFL not being able to explain it, would lead to a dismissal of the charges.

Under the chain of custody rule, anytime the prosecution can not prove that it had complete control of the evidence at all times, the evidence can not be used.

The Patriots should claim that the NFL, can not prove that the tape was the original, and since the Jets knew what the Pats were doing, they could have easily made the daming tape and then switched it when the illegally detained Estrella, (who BTW should have charged the Jets people with kidnapping, seriously you can not detain people against their will, especially if you are not law enforcement it is the definition of kidnapping (just ask O.J.)). The Patriots should immeadiatley claim that the tape is a fraud and that the punishment from the league should be removed.

 

[FarScapeR]

I think security has the right to, y'know, detain people. That way, they can prevent hooligans and terrorists from blowing up stadiums and stuff.

 

[Bobs My Uncle]

If it's true that the tape was given directly to NFL security then they are the ones I'd suspect in this leak. This would especially be so if NFL security was warned to be aware that the Pats would possibly taping of signals ahead of time as has been reported as they would be in position to quickly make copies of the tape without anyone knowing they had done so.

Regardless, the "integrity" of the contents of the package cannot possibly be ensured by the NFL. As such, I think Kraft should threaten Goodell with a lawsuit indicating such, should the league not eliminate the punishment he placed on the Pats. In addition Kraft should insist to Goodell that the league and Goodell apologize to the Patriots by taking out whole page adds in the biggest newspapers in the world admitting that the league has no proof that the Pats did anything wrong.

Don't be a ****y on this, Kraft.

 

[PatsFaninAZ]

You act like private individuals and organizations are treated like the government. Most of Bill of Rights (First ten amendments) exist to prevent the GOVERNMENT,but not its citizens, using its coercive force on the citizenry.

The news media has no more right to steal and use materials from a private citizen than the Mafia does when it uses a gun. Conversely, the private citizen, unlike the government, does have a right to privacy and, he also has a right to the assumption of security in his private papers.

What on earth does any of that have to do with the post of mine that you quoted?

A question was asked: why isn't it a copyright violation for Fox to show the tape. I answered the question. I didn't say a word about private individuals doing anything.

The answer to the question why there's no copyright action here is (1) the doctrine of fair use, and (2) the first amendment.

The first amendment DOES preclude "private individuals" from using statututes, courts, to achieve first amendment violations, by the way. So, if you go to court to sue someone for copyright infringement, the first amendment DOES apply, even though you're a private individual. It's the existence of the federal statute and the judicial process that supply the state action -- and ultimately what you're seeking is a court order, which is GOVERNMENT action.

I'm also searching my post to see where I suggested that the media has a right to steal anything from a private person. Nor do I really see what that has to do with anything. By the way, though, even where the media did do something like that, they may not have the "right," but that doesn't mean that anything can be done about it. The first amendment does put limits on the government's right to force a reporter to say where he got certain information, even if there is a supsicion that it was aquired improperly.

 

[shakadave]

OT, but I find it interesting how the retired coaches generally see this as a minor extension of business as usual, but a lot of the retired players seem shocked. Did they think their coaches were just clairvoyant all those years???

This is a really astute observation! You're on to something here.