Potentially good news for BOR and pats1

[unoriginal]

FTC complaint flags NFL, MLB, studios for overstating copyright claims
source: http://arstechnica.com/news.ars/pos...studios-for-overstating-copyright-claims.html

Any fan of the NFL can almost recite the warning by memory: "This telecast is copyrighted by the NFL for the private use of our audience. Any other use of this telecast or any pictures, descriptions, or accounts of the game without the NFL's consent is prohibited." The legitimacy of that broad claim may be determined by the Federal Trade Commission after the Computer & Communications Industry Association filed a lengthy complaint with the FTC this morning. The CCIA is a trade group with members such as Google, Microsoft, Yahoo, RedHat, and others that promotes "open markets, open systems, and full, fair, and open competition." Those companies believe that the overly broad copyright claims "cast a pall" over the tech industry.

...

Both the leagues and studios have found themselves in court over fair use in the past. One recent example of their copyright overreach came earlier this year, when Brooklyn Law School professor and EFF staff attorney Wendy Seltzer found herself receiving some unwarranted attention from the NFL after posting a clip on YouTube containing the aforementioned copyright message in order to illustrate the NFL's lack of attention to fair use.

The NFL sent a DMCA takedown notice to YouTube, to which Seltzer responded with a counternotification affirming that the clip did not infringe on the NFL's rights. Instead of following the provisions of the DMCA, which mandates that rightsholders must respond to DMCA counterclaims in court, the NFL issued yet another takedown notice to YouTube. After Seltzer issued another counternotice to YouTube, the video was restored once again, where it remains.

Depending on how the FTC rules on this, BOR and pats1 in particular should be able to breathe easier about their tape breakdowns.

 

[MrBigglesWorth]

How does tape breakdown violate this?

 

[DaBruinz]

How does tape breakdown violate this?

Because, their tape breakdowns fall under the "Any other use of this telecast or any pictures, descriptions, or accounts of the game without the NFL's consent is prohibited."

If you take that, LITERALLY, word for word, no one is supposed to talk about the games except DURING the game. And they are providing descriptions and accounts of the game that were not authorized by the NFL.

 

[ctpatsfan77]

How does tape breakdown violate this?

"This telecast is copyrighted by the NFL for the private use of our audience. Any other use of this telecast or any pictures, descriptions, or accounts of the game without the NFL's consent is prohibited."

 

[MrBigglesWorth]

This is totally absurd on tape breakdowns. Then you might as well get rid of every messageboard and chatroom.

Ever hear of free speech?

 

[Box_O_Rocks]

Well, between the NFL and it-that-was-banned-and-still-whines-in-its-own-forum I should be a lively source of funds for some law firm.

 

[patman52]

The description and accounts IMO is to encompassing. But I have no doubt that they have the right to control pictures and the descriptions of the game by thier announcers.

It is thier product, and they IMO have a right to se how it is dessenimnated

 

[MrBigglesWorth]

The description and accounts IMO is to encompassing. But I have no doubt that they have the right to control pictures and the descriptions of the game by thier announcers.

It is thier product, and they IMO have a right to se how it is dessenimnated

yeah except they have the unfortunate and fortunate privilge of living during the technology age where everything finds its way on the net.

 

[PatsFanInVa]

This is totally absurd on tape breakdowns. Then you might as well get rid of every messageboard and chatroom.

Ever hear of free speech?

It's the "free" part that bugs them the most.

I guess they're saying say what you want, just don't steal their "intellectual property."

Extend that. What if there were actually NFL police preventing you from talking football Monday morning? How about if you got hauled up on charges because you talked over a phone with a friend about the game?

Screw that. Either all of that is infringement or the whole "descriptions" clause is just unsupportable gibberish (I suspect the latter.) At least with a pilfered videotape you had a physical theft of someone else's copyright (same goes for stuff like YouTube.) I don't think YouTube competes with the NFL because it's not real-time, and it fills a niche, by the way. But lots of entertainment enterprises feel differently (same argument could be made for a movie that's not still in theatres -- you still hurt residuals via YouTube...)

Screw it all,

PFnV

 

[DaBruinz]

This is totally absurd on tape breakdowns. Then you might as well get rid of every messageboard and chatroom.

Ever hear of free speech?

You clearly don't understand what Freedom of Speech was intended for. Like so many other people.

And yes, if the NFL REALLY wanted to upset fans, shut down every single message board that wasn't affiliated with ESPN, CBS, SI, and newpapers. See, those sits DO have the permission from the NFL to use their copyright.

Also, its why the CCIA has filed a grievance with the FCC.

 

[Patriotic]

Screw it all,

PFnV

Free speech at its best.

 

[MrBigglesWorth]

You clearly don't understand what Freedom of Speech was intended for. Like so many other people.

And yes, if the NFL REALLY wanted to upset fans, shut down every single message board that wasn't affiliated with ESPN, CBS, SI, and newpapers. See, those sits DO have the permission from the NFL to use their copyright.

Also, its why the CCIA has filed a grievance with the FCC.

Please enlighten me what freedom of speech was intended for. Clue us all in who don't know.

 

[PatsWickedPissah]

Free speech refers to the unfettered ability of citizens to criticize their GOVERNMENT. Fascistic orgs like the NFL are not bound by this 1st ammendment relative to THEIR product. That being said, alienation of the fan base is bad business.