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Media The Courts

The NFL Wants You To Think These Things Are Illegal 227

An anonymous reader writes: Professional sports have become a minefield of copyright and trademark issues, and no event moreso than the Super Bowl. Sherwin Siy of Public Knowledge has an article debunking some of the things the NFL has convinced people they can't do, even through they're perfectly legal. For example, you've probably heard the warning about how "descriptions" and "accounts" of the game are prohibited without the NFL's consent. That's all hogwash: "The NFL would be laughed out of court for trying to prevent them from doing so—just because you have a copyright in a work doesn't mean you can prevent people from talking about it. Copyright simply doesn't extend that far." Recording the game and watching it later is just fine, too.

So, will you be paying attention to the game today? Ignoring it? Practicing your cultivated disinterest?
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The NFL Wants You To Think These Things Are Illegal

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  • Just another Sunday with an evening football game. I'll catch it here and there. Can't sit in front of the tv for 3-4 hours; I'll lose interest.
    • by Anonymous Coward

      Whatever NFL is doing sounds very much like MAFIAA has been doing to everybody for the past 2 decades or so --- one FUD after another

      Tha MAFIAA violates the law more times than anyone can count - including demanding people's totally legitimate videos to be pulled down from youtube, mailing threatening letters to innocent party who never commit any music / video pirating, filing DCMA on legitimate contents online, and so on

    • Re: (Score:2, Insightful)

      by Anonymous Coward
      Football like all sports are for the mindless masses to keep the complacent. I gave up my TV 20 years ago and don't poison my brain with any dribble other than slashdot.
      • by gatkinso ( 15975 )

        Sports are actually very exciting to watch, as well as participate in. You should try it sometime.

    • by TWX ( 665546 )
      Yeah, I've never been much of a sports fan (helps when your high school, local university, and locally-based national franchises all suck rocks when you're in your formative years) but I've been able appreciate a well-executed play when I see one. It's a championship game for a sport that I don't play. For those that like it, good for them.

      I won't be ignoring it, I'll be doing things that I want to do. Same as just about everything else that I'm not observing or doing while doing what I want to do.
    • Comment removed (Score:5, Insightful)

      by account_deleted ( 4530225 ) on Sunday February 01, 2015 @01:30PM (#48952145)
      Comment removed based on user account deletion
  • by Anonymous Coward on Sunday February 01, 2015 @09:36AM (#48951079)

    how desperate for a story has /. become

    • True that, they should should ask some footballers like Ha Ha Clinton Dix and Swordless Mimetown what they think about the NFL's actions and how it affects the perception of the game.

    • how desperate for a story has /. become

      Well, maybe the explanation is here: "Brain Injuries and the NFL" http://www.nbcnews.com/meet-th... [nbcnews.com]

    • And the only way to bring a SuperBowl discussion into this
  • by guises ( 2423402 ) on Sunday February 01, 2015 @09:40AM (#48951081)
    The article misses the big point here: regardless of whether or not what you do is actually illegal, the NFL may very well sue you anyway. It's illegal in practice even if not in the books.
    • Re: (Score:2, Flamebait)

      One of the linked articles [arstechnica.com] in TFA shows that the NFL is also just fine with illegally issuing repeated DMCA notices for the same URL even after they've received a notification that the content is being used in good faith under fair use. Unfortunately, there's really nothing in the DMCA to provide for fines or other deterrents to such behavior, so the NFL and other copyright holders sometimes use repeated DMCA notices to make it enough of a headache for the provider to permanently pull the non-infringing co
    • by fermion ( 181285 ) on Sunday February 01, 2015 @11:19AM (#48951381) Homepage Journal
      Not only can they sue you,they might win.

      This is because the NFL is not an ordinary business. It is a cartel of independent teams. Such cartels, for example OPEC, are illigal in the US since 1890 but is allowed through special acts of congress. This allows it to set rules for all teams, set TV contracts, and set pay scales without any competition.

      This leads to the ability to generate profits only available to socialist organizations. For instance, excessively high payment from TV networks require excessively high fees to cable providers which are paid by all cable subscribers, even if they never watch the channel. The cartel is also able to leverage national monies to convince localities to force taxpayer to fund stadiums, even if those that are never going to use the stadiums. These monies then go into individual pockets as profits.

      I have heard people saying the same about music halls, but there is certainly no national cartel of music lovers that bribe local officials, that transfers the risk of the building from a for profit organization the taxpayer.

      There are other costs to society. Because the rules are set, public tax dollars can be used to train kids for the NFL through public school funds. Because salaries are set, the players, though well paid, do not have the ability to truly negotiate a contract. Recall that tech firms have gotten in trouble for this, even though the employees were generally well paid.

      And of course there is a fundamental loss to a society that depends on the free market that kids are taught about fair play and rules within a socialist construct where there is in fact a rule book and powerful referees. While this is useful for a 10 year old, it is disastrous when an adult goes into a work place believing her or his life is really going to be controlled by a rule book. It kills innovation and creativity. At leas in baseball you can steal a base. The immaturity of football can be characterized by the fact that everyone got their panties in bunch over deflate gate. In the real free market world that would just be considered a necessary cost of doing business.

      Which is to say that the NFL basically lives within it's own bubble. It has the ability to bribe congress, or throw enough lawyers at the problem, to bend the rules no matter what previous legislation or case law says.

      And I don't think the NFL is a natural cartel, like the electric company. I think real competition, not the fake thing taught to kids by the NFL structure and games, is good. I don't think sports fans are nearly as dumb as the average sports cartel thinks they are. The current structure is merely a way to maximize profit at taxpayer expense, and to create a world where fundamental rights are infringed for the sake of the bottom line or a corporation.

      • For instance, excessively high payment from TV networks require excessively high fees to cable providers which are paid by all cable subscribers, even if they never watch the channel.

        You don't need to subscribe to cable. Plenty of folks don't, and more seem to be cutting the cord every day. I haven't subscribed to cable television since the 1990s.

        The cartel is also able to leverage national monies to convince localities to force taxpayer to fund stadiums, even if those that are never going to use the sta

      • This leads to the ability to generate profits only available to socialist organizations. For instance, excessively high payment from TV networks require excessively high fees to cable providers which are paid by all cable subscribers, even if they never watch the channel.

        Every NFL game is broadcast on free, over the air TV in the media market of its home and visiting teams. There's two packages, each with 15 games over the course of the season, which have "national" games broadcast on cable. ESPN has Monday Night Football, and NFL Network has Thursday Night Football. Almost all TNF games will be simulcast on CBS (which is broadcast OTA) nationally next year. The other games are all on CBS, NBC, or Fox, which are not sports channels. While sports channels demanding higher ca

      • by Tablizer ( 95088 )

        It has the ability to bribe congress, or throw enough lawyers at the problem, to bend the rules no matter what previous legislation or case law says

        This is merely one symptom of the bigger problem of our growing plutocracy. The rich get richer by using their size and power to tilt the laws and rulings their way in order to grow even richer such that they can use their size and power to tilt the laws and rulings their way in order to grow even richer such that they can use their size and power to tilt the

  • Is it illegal (Score:3, Insightful)

    by rossdee ( 243626 ) on Sunday February 01, 2015 @09:40AM (#48951083)

    to not give a fsck about the superbole in particular of even (american) football in general
    ?

    • by Anonymous Coward on Sunday February 01, 2015 @10:00AM (#48951159)

      This is apparently a result of your conscious efforts to distance yourself from the lower classes, and you could become a better person (read: someone who can find common ground with disgusting sports fans) by no longer denying yourself the enjoyment of men+balls, or if necessary forcing yourself to become interested. I feel terrible about my lack of appreciation for the tastes of the common man, I really must take up smoking, dog fighting, reality television consumption(actually, i'm quite tempted by the idea of a dozen or so contestants infested with TB, stranded and left to survive on a remote island, or maybe the US without medical insurance) and indiscriminate breeding right away.

      • It works both ways (Score:2, Interesting)

        by Anonymous Coward

        Where the article claims that intellectuals compete over their ignorance of sports, non-intellectuals compete over their ignorance of math or other subjects as well. Some people in any cultural subgroup will do things like this as a means of establishing their cultural identity. It's not that big of a deal.

        Why is it important to me that I should be able to instantly bond with members of the "working class?" (I work, everyone I know works, what the article means is "lower class"). In my personal experien

        • If I am to force myself to become interested in something that I naturally find boring, I am going to need better incentive than "but you can make friends with people you don't normally want to be friends with!"

          obligatory xkcd [xkcd.com].

    • by Livius ( 318358 ) on Sunday February 01, 2015 @10:24AM (#48951211)

      By 'superbole', I'm guessing you mean Superbowl hyperbole?

      • Yeah, fuck the Super Bowl, wake me when the Hyper Bowl is on!

        • Yeah, fuck the Super Bowl, wake me when the Hyper Bowl is on!

          Make sure to wear your hyper-visor during the game!
          (ok, that wasn't as funny as I'd hoped before i wrote it)

  • by Cytotoxic ( 245301 ) on Sunday February 01, 2015 @09:45AM (#48951099)

    I will be practicing the modern tradition of ruining any chance of enjoying the game by attending a SuperBowl party. Ostensibly a gathering to watch a championship sporting event, the SuperBowl party actually results in a gathering of families where the game is on a television that happens to be in the same location. Every now and then someone will exclaim and attention will divert to a big play that just happened, but for the most part the wives' small talk and rounding up the kids will occupy the fathers attention. Except when the commercials come on. For some reason the wives are really interested in the commercials, so they'll stop everything and have everyone be quiet for at least some of the commercials.

    At least there will be lots of finger food and drinks.

    • I will be practicing the modern tradition of ruining any chance of enjoying the game by attending a SuperBowl party. Ostensibly a gathering to watch a championship sporting event, the SuperBowl party actually results in a gathering of families where the game is on a television that happens to be in the same location.

      Why, though? If you enjoy watching football on television, there's 20 weekends out of the year featuring non-Superbowl and non-preseason NFL football. (Plus Monday Night and Thursday Night football.) You should use those 20 weeks to develop a cadre of like minded football fans who ACTUALLY CARE ABOUT THE GAME. There's enough time to weed out people who don't actually watch football. Plus, if the people you invite don't like watching football, they probably won't devote their Sunday to watching three footbal

      • All true. But what one should do and what one does to maintain a happy marriage are not always the same thing.

  • Accounts (Score:5, Informative)

    by bws111 ( 1216812 ) on Sunday February 01, 2015 @09:51AM (#48951117)

    Wrong. The NFL says the BROADCAST descriptions and accounts are copyrighted. Plenty of other places have their own accounts and descriptions.

    • by Br00se ( 211727 )

      And my mod points just expired. sigh.

    • by jbengt ( 874751 )

      Wrong. The NFL says the BROADCAST descriptions and accounts are copyrighted. Plenty of other places have their own accounts and descriptions.

      Well, that's one way to spin it. But the actual words do not explicitly say that and do misleadingly say that any pictures, descriptions, or accounts of the game without the NFL's consent is prohibited. However, they cannot copyright the actual game, only their recording of it (written or videoed); though getting into the stadium probably requires you to buy a ticket prohibiting you from making your own recording.

    • by dirk ( 87083 )

      While it is true this is what they say, it doesn't make it illegal. Think about it for a second. They are basically saying that without their express permissions, Jimmy Kimmel can't say "Did you see the game yesterday? Can you believe the final touchdown play where Joe Blow ran past 6 defenders to score?" That would be a broadcast of a description of the game. Just because you are broadcasting your retelling of the game doesn't make it any different. The NFL can't stop you from describing what you watched.

      • by bws111 ( 1216812 )

        No, that is not what it means at all. The accounts, descriptions, and images that they are talking about are the ones from their telecast, not accounts and descriptions you create.

        • by dirk ( 87083 )

          There is no need to state that though, that is already covered by existing law (minus fair use exemptions). And even if that is what they meant, no where does it say the NFL's accounts and description. It simple says accounts and descriptions.

          • by bws111 ( 1216812 )

            The whole descriptions and accounts thing starts with 'this telecast is copyright by the nfl...'

  • Do not talk about Puppy Bowl!
  • by mysidia ( 191772 ) on Sunday February 01, 2015 @09:56AM (#48951133)

    When NFL says "Any other use of this telecast or any pictures, descriptions, or accounts of the game"

    They are not referring to you talking to your friends about the game or even you authoring an original description and publishing it.

    They are essentially saying any descriptions or accounts given in the telecast or personal accounts written by staff under contract to create them are protected, which they are.

    You are not allowed to copy a description or account from the telecast and reuse their description or account beyond what fair use allows, as it is subject to copyright just like the images, video, and live audio.

    • The argument made is timely, panders to the public's mistrust of all things big/corporate, and appears plausible on its surface....yet addresses the actual rule inaccurately. Classic hayperson.
    • "You are not allowed to copy a description or account from the telecast and reuse their description or account beyond what fair use allows"

      Of course. That is why the NFL is being intentionally misleading when they refer to "Any other use of this telecast or any pictures, descriptions, or accounts of the game." They use the phrase "any other use," not "any other use except as permitted as fair use under copyright law." A rational person, not acquainted with the ins and outs of copyright law, would assume t

      • by mysidia ( 191772 )

        When you are hanging "No Tresspassing" signs on your private property, or a "KEEP OUT" sign, do you also include in big print the exception "EXCEPT AS PERMITTED BY LAW" ?

        The NFL totally has a right to inform you of the copyrighted nature of the content and their policies (if any) about what use of the work they are inviting, such as 'All Rights Reserved'.

        They also need to keep the spoken language at a 1st grade reading level, so their audience will understand it: "Except as permitted as fair use"

  • its the Legion of Lawyers (TM) that stand ready to crush anyone that does something they don't like. Getting hit by their lawyers makes taking a hit in the game feel like you're playing a sandlot game of touch.

    They're also protecting the revenue they get from official sponsors. If everyone starts using Super Bowl in their adds then paying big bucks to be an official sponsor is less valuable as your message gets lost in the crowd.

    As for the product placement in shows and movies; it's not so much "we'll get s

  • Badly written (Score:5, Insightful)

    by Rick Zeman ( 15628 ) on Sunday February 01, 2015 @10:14AM (#48951189)

    The author totally skips over the first sentence ""This telecast is copyrighted by the NFL for the private use of our audience" and then points out all of the things that a private citizen can do.

    Duh.

  • xkcd (Score:4, Insightful)

    by Livius ( 318358 ) on Sunday February 01, 2015 @10:29AM (#48951231)

    Munroe has the right idea:

    Hooray for snacks! [xkcd.com]

  • Probably coding something, playing guitar, or cooking steaks depending on when the game is on and where I am at the time. My girlfriend does pay attention to some football. She's from Philly so occasionally wants to know how her team is doing. She may have the game on.

    And it's not 'cultivated disinterest'. I didn't grow up with sports interest in the house so I didn't have to cultivate it. I'm simply not interested. I know how it's played, I know where most teams are located, I even know who some of the pla

    • Almost same here. I been in the US all my life and I never got into the hype of this game. I get Soccer, Basketball, Baseball, and Hockey. Even Tennis. I love playing the first and last of those too. But Football and Cricket. Understand the rules, but don't get anywhere close to the craze.

      It just seems the game is more sportsmanship, chess, and performance than an actual "game". There are a ridiculous number of stats and back stories that explain each actor. This provides enough material to talk abo

      • What I always find amazing year after year in this game is the technology. I don't think there are many spy agencies, let alone games that have this level of advanced tech. They got drawing plays on your screen before the weatherman got green screens. They got automated wire cameras before traffic cams.

        They did however do bullet-time wrong. Tried to cheap out with far too few cameras, using "interpolated" frames to pad out the motion.

  • Over the course of 10 years or so, starting out form a time when I was glued to the TV on Saturday, Sunday, Monday night and Thrusday night, I've come to the point that I just don't want to be involved in the filth.

    Football is pretty sleazy. I don't doubt that the rapes, the assaults, the murders, the cheating and all have been going on for a long time, but now it's all out in the open, and I've switched ove to the NHL. And once you do that, football becomes pretty boring too. Before I gave up on the leag

    • and the pace is simply glacial

      I get your criticisms, except this one. I mean, we are firmly in "subjective" territory here... but the setup-action, setup-action pace of football is fun for me. I like the tension that builds up. I hesitate to ask what you think of the pace of baseball? :)

      • and the pace is simply glacial

        I get your criticisms, except this one. I mean, we are firmly in "subjective" territory here... but the setup-action, setup-action pace of football is fun for me. I like the tension that builds up. I hesitate to ask what you think of the pace of baseball? :)

        I used to enjoy the setup business, but after watching - and playing - Ice Hockey for a while, I ended up really getting into the constant action.

        Note this is all tied into the general disgust I have been having with all of the criminality and perves we've been getting from all of football in recent years.

        • I also love hockey - I think it edges out NFL football on my TV sports list. I'm able to separate the entertainment from the entertainers... otherwise I'd have a hard time listening to music or watching films! Baseball is still my favorite stadium experience, and unlike football I can watch just about any level from high school up without losing my mind.

  • ... start to finish. I'll flip over to it from time to time to check on the score. If it turns out that Seattle is beating the tar out of New England, I may keep watching just because I really can't stand the Patriots.

  • When someone asks me for the score of a game, I tell them,"NFL prohibits descriptions of accounts of the game without their expressed written permission."
    • by mark-t ( 151149 )

      They can "prohibit" it all they want... them saying something does not make it true.

      History cannot be copyrighted. Accounts of those historical events can be, but the events themselves are facts, and facts cannot be considered property, intellectual or otherwise.

  • Puppy Bowl on Animal Planet and Kitten Bowl on Hallmark Channel. Then Downton Abbey on PBS followed by Grantchester.

  • That's football. Right? Big guys? Helmets? Not much action [wsj.com]?
    Better things to do.
  • > So, will you be paying attention to the game today? Ignoring it? Practicing your cultivated disinterest?

    Well lessee. Wife is the football fanatic in the family. The only one in the family who actually watches the sport, in fact. Wife is making snacks.... Wife makes pretty good snacks, and is highly motivated on Superbowl Sunday.

    And so, I skipped dinner last night and breakfast this morning to save room for food this afternoon. But watch the game? It's noisy and boring. That's not out of some aff

  • Asshats all the way down.

  • I road race bicycles. I don't even watch Tour de France when that time of year comes around, except maybe the half-hour stage highlights, but even then only when I've got nothing better to do or watch, let alone watching any other pro cycling events on TV. I sure don't go out of my way to watch any other pro sports either. The one exception is between sets at the gym, because that's what's on, and for 1 to 3 minutes there's nothing else to do or see. Honestly, I don't really get the interest in sitting for
  • "Deflategate" should have been solved quickly and decisively, before the Superbowl. Ignore. I'm not even watching the commercials. Not even online. Not even the ones with cute puppies.
  • I'll be watching the Puppybowl on AnimalPlanet... The NFL can kiss my ass....

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