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Blogger Removed From NCAA Game for Blogging

CNet is reporting that a blogger from the Courier-Journal of Louisville, KY was recently ejected from an NCAA game for live-blogging. "According to the Courier-Journal, staff blogger Brian Bennett was approached by NCAA officials in the fifth inning of a game between the University of Lousville and Oklahoma State, told that blogging 'from an NCAA championship event "is against NCAA policies (and) we're revoking the (press) credential and need to ask you to leave the stadium."'"

37 of 302 comments (clear)

  1. "In Soviet America"? Please. by daveschroeder · · Score: 5, Insightful

    What a doozy of a sensationalistic story. The "See any serious problems with this story?" link took on a whole new meaning.

    First, let's get this out of the way: this is the NCAA, not the government.

    Second, let's go to TFA:

    The Courier-Journal said that the University of Louisville sent out a memo from NCAA manager of broadcasting Jeramy Michiaels, prior to Friday's game. The memo said, in essence, that no blogging was allowed during the game.

    Check.

    But Bennett had not been approached after live-blogging previous games in the playoffs.

    Oh, so then it must be okay? Talk about a non-story. The guy just got caught violating a policy that he knew about and probably even agreed to as a person with press credentials.

    This was a person who wasn't removed for "blogging", but a person with press credentials who was providing live coverage of the event.

    The NCAA naturally wants to control access to live (and recorded) broadcasts of games (and currently has the legal right to do so), whether they be video, audio, or even text. How or why is "blogging" magically different or protected?

    Could someone set up a radio broadcast station from within an NCAA event without arranging the necessary licensing with the teams and the NCAA? Could someone do the same with a cell phone and broadcast it to a pirate radio station? Sure. The answer is you can do it if you don't get caught. Conspiracy theorists will wail about how it's all about money and control, just another example of censorship in our corporate/government-controlled police state society, ignoring any and all other aspects to order and law in a civil society, and the fact that, believe it or not, economic factors actually do come into play when a lot of money is involved in producing something.

    Do you think ESPN, CNNSI, CBS and other sports news aggregators get the content for their live play-by-play event services on web sites and mobile devices for free? Hell no. The "information wants to be free" and "everything is okay when it's done using technology, but only when it's the people and not corporations or government" arguments can be saved for elsewhere.

    What if I want to set up a network of personnel across the country who live-blog every NCAA sporting event, and broadcast it on a web site. Maybe one with ads. And then I pay people to live blog for me. At every event. And maybe all of those people can have computers with cameras, and stream video as well. Well, why not? I should be able to do that, right? No? Where do you draw the line?

    If everyone wants to have bloggers be considered legitimate "journalists" no matter who they are, they're going to have to play by the same rules everyone else does, too. You can't have your cake and eat it too. Sure, sure, he's just "reporting on the event" with "newer technology" than the old antiquated dinosaurs, right? Wrong. He's providing some semblance of live coverage of the event, and that's something other content providers have to license and pay for.

    If you're live-broadcasting an event, the NCAA is likely to get its feathers ruffled, and not allow you to do it. This is not the government, and if you think it's "censorship" or inhibiting free speech or that bloggers are just "journalists", except in more real time, then why don't you get all up in arms about not being able to broadcast the video or audio from the events live or in near realtime, either?

    This isn't about "blogging". It's about live/near-live coverage of an event by a person with press credentials - that is another critical point - without having paid to do so, like everyone else who provides such coverage has.

    1. Re:"In Soviet America"? Please. by AaxelB · · Score: 5, Interesting

      I think you may have just started and ended the entirety of the possible (intelligent) debate on this topic single-handedly in the first post.

      Bravo. My hat is off to you.

    2. Re:"In Soviet America"? Please. by MollyB · · Score: 4, Interesting

      What will happen when technology allows any attendee at any function to transmit information (multimedia, for example) to anywhere s/he wants to?
      I think our business models are in for a tough shakeout. Sidenote: the lawyers will make money either way...

    3. Re:"In Soviet America"? Please. by Chibi+Merrow · · Score: 4, Funny

      there is stll the debate about whether or not scuttlemonkey is incompetent for posting such a pointless and easily-refuted article.


      Is that really debatable?
      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    4. Re:"In Soviet America"? Please. by Pinkybum · · Score: 2, Interesting

      This was not "live-broadcasting" of an event - this was reporting, that's why he has credentials as a journalist. Your equating of live streaming video with text interpreted by a human is laughable. Sometimes I watch sporting events on the television AND read the report the next day in the paper. The reason is because of the added value the reporter gives through their interpretation. The only other benefit from live blogging is the broadcast of the score in near real time - big effing deal.

    5. Re:"In Soviet America"? Please. by Chibi+Merrow · · Score: 2, Insightful

      Solution: next time, talk into your cell phone to your buddy, who's blogging it for you. I'd like to see 'em try to ban all cell phones at games. Or to monitor every cell phone conversation in the place.


      And if you were caught, you'd be warned and then ejected. Why? Because your buddy didn't pay for a ticket to the game.

      The point is: it's stupid to try to say these people are allowed to communicate in a certain way (because they paid us), and these people are not.


      How the hell is that stupid? That's how licensing works. Welcome to the real world. No we will not stop the ride so you may get off. This has been tested in court, the NCAA has the right to control this. End of story. If you don't like it, don't patronize NCAA events.
      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    6. Re:"In Soviet America"? Please. by steveshaw · · Score: 3, Insightful
      Just a few comments:

      1. Federal or state does not matter when it comes to First Amendment issues. The First Amendment applies to the states via the Substantive Due Process Clause of the 14th Amendment. This is a quasi-governmental agency (NCAA) and a state university, using state property, and using state resources to enforce their policies (police, courts). The Constitutional dimension to this case is not as black-and-white as you seem to believe; however, I tend to agree with the bulk of your analysis. The key is whether state action is present. Lacking that, there is no need to continue the legal analysis.

      2. The fact that he was blogging or doing it via "text" is incidental. Replace blogging with a camera or a microphone, and then try to make a free speech argument out of it.

      Take it further. Replace blogging with "talking to your friend on a cellphone about the game as it's going on." Under the NCAA interpretation, this would be violating their policies. I would like to see them try to enforce that. The answer is, short of requiring everybody to turn in their cellphones at the gate, they can't.

      Simply accepting a license to attend a sporting event does not strip you of all rights. As an example, there is a line of 4th Amendment cases regarding the propriety of, and limits to, searching sporting event attendees.

    7. Re:"In Soviet America"? Please. by Mononoke · · Score: 2, Funny
      What happens when there's 10,000 fans trying to blog from their phones.
      Cell towers going off like roman candles.
      --
      NetInfo connection failed for server 127.0.0.1/local
    8. Re:"In Soviet America"? Please. by daveschroeder · · Score: 2, Informative

      Thanks for the thoughtful response.

      Federal or state does not matter when it comes to First Amendment issues. The First Amendment applies to the states via the Substantive Due Process Clause of the 14th Amendment.

      The first amendment applies manifestly to the federal government, even if it can be extended to states. But this isn't really a first amendment issue; under this person's press credentials and terms, he is allowed to relate the events of the game, just not live, from the event, because live or near-live coverage is covered by other licensing and costs. Other journalistic entities do essentially live textual coverage of games, and they have a license to do so.

      This is a quasi-governmental agency (NCAA) and a state university, using state property, and using state resources to enforce their policies (police, courts). The Constitutional dimension to this case is not as black-and-white as you seem to believe; however, I tend to agree with the bulk of your analysis. The key is whether state action is present. Lacking that, there is no need to continue the legal analysis.

      The NCAA isn't even a quasi-governmental agency. It's a private association. I'd agree that public universities can be considered quasi-government, albeit state, and that's to what I was referring. I don't pretend that any Constitutional element in this or any other instance is *that* black-and-white; else, we wouldn't have a Supreme Court that can be widely split on Constitutional issues.

      Take it further. Replace blogging with "talking to your friend on a cellphone about the game as it's going on." Under the NCAA interpretation, this would be violating their policies. I would like to see them try to enforce that. The answer is, short of requiring everybody to turn in their cellphones at the gate, they can't.

      But you're taking it further in the other direction. Yeah, I can call my buddies and tell them the score from my cell phone. But providing live coverage to a newspaper's web site with press credentials when you are not licensed to provide such coverage (and other court-tested licenses and restrictions on such broadcasts already exist) crosses a line. Could the line be blurry? Sure. But not for someone with press credentials who was informed that live blogging wasn't permitted.

      Simply accepting a license to attend a sporting event does not strip you of all rights. As an example, there is a line of 4th Amendment cases regarding the propriety of, and limits to, searching sporting event attendees.

      The NCAA's right to control and license the live/near-live and recorded contents of its events has been tested and confirmed in the courts. The live scenario has its own set of conditions and restrictions, and doesn't prevent someone from immediately reporting the event after the fact for a newspaper, online service, podcast, or what have you (within the terms of the license). So the point is that the relevant controls that NCAA asserts on its content have already been tested, and blogging is simply a new element that is being treated the same as other mechanisms.

    9. Re:"In Soviet America"? Please. by vertinox · · Score: 3, Insightful

      First, let's get this out of the way: this is the NCAA, not the government.

      True, but according to free market economics, I have the ability and right to boycott private organizations who participate in such behavior.

      Getting this information out and the opening and decrying it helps others to do the same and to know the truth about this behavior.

      Even though it is legal, it doesn't make it right in my views and I can voice my opinion by not supporting their private organization.

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    10. Re:"In Soviet America"? Please. by cyphercell · · Score: 2, Interesting

      It's not any different than those places, it's a different device. A dr. (or anyone for that matter) at a hockey game, movie or whatever has a very valid purpose for carrying a cell phone with them. These cell phones are slowly turning into catch all devices, that will inevitably lead to abuse.

      --
      Under the influence of Post-Cyberpunk Gonzo Journalism
    11. Re:"In Soviet America"? Please. by steveshaw · · Score: 4, Insightful
      Thanks for your thoughtful response as well. I always enjoy reading your posts.

      The first amendment applies manifestly to the federal government, even if it can be extended to states.

      The Constitutional issue of whether the 1st Amendment applies to the states, and state universities in particular, is absolutely black-and-white under current jurisprudence. It does.

      But this isn't really a first amendment issue; under this person's press credentials and terms, he is allowed to relate the events of the game, just not live, from the event, because live or near-live coverage is covered by other licensing and costs. Other journalistic entities do essentially live textual coverage of games, and they have a license to do so.

      If he is a valid member of the press, whose primary purpose is reporting on (rather than retransmitting) the event, then it becomes a First Amendment issue. You cannot license the terms by which the press utilizes their First Amendment prerogative. The issue becomes whether, by "live blogging" the event, he was engaged in an impermissible rebroadcast rather than, for lack of a better word, "journalism." As with most legal issues, it is open to interpretation, which was my overriding point: the blogger may well have a case.

      The NCAA isn't even a quasi-governmental agency. It's a private association.

      While the Supreme Court held that the NCAA was not a state actor in NCAA v. Tarkanian, 488 U.S. 179 (1988), that holding is limited to the facts of that case, which are manifestly different than here. I submit that it is an open question. You may indeed be right, but I tend to fall on the other side of the argument.

      The NCAA's right to control and license the live/near-live and recorded contents of its events has been tested and confirmed in the courts.

      I have no doubt that it has, although I would be interested in the line of cases. This is not a retransmission, however, which carries particular legal significance. I submit it is an open question whether or not his "journalistic transformation" of the events creates a First Amendment issue. Would your analysis be different if he had purchased a ticket and sat down to watch the game with the public, laptop in hand?

    12. Re:"In Soviet America"? Please. by Junta · · Score: 2, Funny

      I think we can debate on whether or not that is debatable, I'm sure there are reasons it would be debatable and maybe reasons it wouldn't be debatable.

      --
      XML is like violence. If it doesn't solve the problem, use more.
    13. Re:"In Soviet America"? Please. by Short+Circuit · · Score: 2, Interesting

      Why in hell do people keep suggesting cell phone jammers?

      You want to be effective and legal? Set up mini cells (coverage areas) in theater complexes. Now you can limit general cell phone functionality to between pictures, and to 911-only functionality while the feature is on the screen.

      Cell companies set up mini cells all the time in dense urban areas, to get around the fact that you've got a large number of steel, glass and concrete buildings blocking and reflecting distant signals.

      For a theater-specific mini-cell setup, you'd have a directional antenna in each theater, with a cable going back to a central multiport transeiver and whatever cell companies use for a PBX.

      I bet cell companies would love the opportunity to make some money off of theaters, and theaters would love the opportunity to limit cell phone usage indoors without totally pissing off their customers.

      The idea of jammers irritates me, because you're breaking federally-mandated 911 support, and your jamming signal is certain to leak outside your building.

    14. Re:"In Soviet America"? Please. by RealGrouchy · · Score: 2, Insightful

      What will happen when technology allows any attendee at any function to transmit information (multimedia, for example) to anywhere s/he wants to?

      That's very similar to the question the RIAA is dealing with, as you alluded to in your post.

      Business models will have to change, and it will result in less profits for the sporting organizations. But they'll fight it off as long as they can.

      - RG>
      --
      Hey pal, this isn't a pleasantforest, so don't waste my time with pleasantries!
    15. Re:"In Soviet America"? Please. by TheScottishGuy · · Score: 2, Informative

      the point in TFA was that this blogger had accepted press credentials (usually acceptance of these credentials means you're agreeing to play by the press rules set down by the people giving the credentials) and then violated one of the rules set down (no live coverage). he gets ejected, end of story. the question of how legal/illegal it is to record and broadcast a sporting event is something else entirely.

    16. Re:"In Soviet America"? Please. by master_p · · Score: 2, Funny

      Extending the question: what would happen if we discover how we can manipulate time and space as we see fit? if reality can be shaped up as we wish?

  2. ObParis by michaelmalak · · Score: 4, Funny

    Heck, we got more live updates from the Paris Hilton court hearing on tmz.com than we can get on an NCAA game.

  3. Sigh by evil+agent · · Score: 4, Funny

    And here I was hoping that the Great Blogger Purge had begun.

    A man can dream, though. A man can dream...

    --
    End transmission.
    1. Re:Sigh by Anonymous Coward · · Score: 2, Funny

      I felt a great disturbance in the Blogosphere, as if millions of voices suddenly cried out in terror and were suddenly sent to Siberia.

  4. First Amendment my ass by MalleusEBHC · · Score: 4, Insightful

    In its article, the Courier-Journal quoted its executive editor, Bennie Ivory, as saying, "It's clearly a First Amendment issue. This is part of the evolution of how we present the news to our readers. It's what we did during the Orange Bowl. It's what we did during the NCAA basketball tournament. It's what we do."


    This isn't a First Amendment issue in any way, shape, or form. This is an organization not letting an individual participate because he will not abide by their rules. You can kick people out of private events basically at whim, as long as it's not on the grounds of race, religion, sex, etc. This guy was given a press pass (ie he didn't even pay to get in!), and he got kicked out for doing something they didn't like.

    That said, it's tough to say whether this was a bad move or not. In one way, this blogger is competing with the radio/tv broadcasts. On the other hand, it's some no-name newspaper that probably takes very little attention away, and kicking him out is only going to generate bad press.
    1. Re:First Amendment my ass by einhverfr · · Score: 2, Insightful

      The simple issue is that the NCAA has to do this to protect their lucrative TV contracts.

      In essence, it is not a problem to write down the notes on paper, go home, and post them to a blog. Allowing you to post live to a blog may violate the NCAA's tv contracts, though.

      It is a shame, but this should serve to show how commercialized even college sports have become. It is one reason I avoid sports events entirely.

      --

      LedgerSMB: Open source Accounting/ERP
    2. Re:First Amendment my ass by gravesb · · Score: 2, Insightful

      Actually, you can kick people out of private events based on the grounds or race, religion, sex, etc. You get in trouble if you are an employer and discriminate on those grounds. That's why the Boy Scouts can discriminate against homosexuals; they are a private organization and the 1st Amend protects a right to association (NAACP v. Alabama), and that's been extended to exclude those from your private organization for any reason at all. As with all 1st Amend law, there are exceptions, such as the previously mentioned employment discrimination and anyone involved in commerce, but that's the general rule.

      --
      http://bgcommonsense.blogspot.com
  5. Fair enough - tax refunds? by Just+Some+Guy · · Score: 3, Interesting

    Given that a large percentage of NCAA schools are publicly funded, and the NCAA harps ad nauseam about their role in developing successful students, it would seem to follow that it's mostly a taxpayer-funded educational institution. I can understand them saying "you can't redistribute our coverage without our consent", but I see no way they can justify saying "you can't distribute your own take on the events you're watching that you funded out of your own wallet".

    Want to retain all rights to an event's coverage? Well, good luck with that, but don't spend my tax dollars enforcing it.

    --
    Dewey, what part of this looks like authorities should be involved?
    1. Re:Fair enough - tax refunds? by Chibi+Merrow · · Score: 4, Insightful

      I'm pretty sure the primary source of NCAA funding isn't taxes, but in fact from licensing, which is why they enforce this sort of thing. News agencies PAY to provide live coverage of events.

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
  6. In other news: by IthnkImParanoid · · Score: 4, Funny
    A website funded mostly by advertisements that is therefore immune to the temptation to sensationalize stories is reporting that a sports talk show host from WSHT was recently ejected from a meaningless sports event for calling the game with a HAM radio.

    According to WSHT, host Johnson Jones was approached by NCAA officials right before they stop selling beer and all the fun is gone in a game between the University of Lousville and Oklahoma State, and was told that calling the game 'from an NCAA championship event "is against NCAA policies (and) we're revoking the (press) credential and need to ask you to leave the stadium, before we employ more (parenthesis) and 'nested "quo't'es" at you in a "vicious"' (manner)."'
    Clearly, this is a sign our democratic meritocracy has finally collapsed under the weight of the jack booted thugs from college sporting events. The arguments from the N[azi]CAA that they have a right to revoke the press pass they gave him because he's competing with their services are obviously thinly veiled lies. The end of the world will follow shortly.
    --
    It's nothing but crumpled porno and Ayn Rand.
  7. Re:-5 Strawman by daveschroeder · · Score: 3, Insightful

    Wrong.

    NCAA policy expressly prohibits live-blogging/coverage of the game by press, he was informed of it in advance, he had press credentials; he violated the policy anyway, got caught, and got removed.

    End of story.

    And no, there is no first amendment question here at all, government or no. And if there is, it's the same for any other live coverage of an event by any mechanism. I know the whole "Congress shall pass no law" thing is pesky, but yet there it is. I guess that's why your argument is always best served by trying to link government and corporate interests, making corporate "censorship" a de facto first amendment issue.

    This isn't some journalist innocently trying to report the game with new technology that bucks a business model, or a guy who might want to tell his buddies about the game via computer. It's someone who wants to be considered a journalist, with journalist credentials, violating the policy set forth by the issuer of said credentials.

    Not much more to say about it.

  8. i think the NCAA is being conterproductive by eyrieowl · · Score: 2, Interesting

    i'm sure they're legally well within their rights, but that doesn't mean it's smart. a) blogging in No Way Shape Or Form is going to realistically compete with the more lucrative, more important broadcast media. so, assuming they had their own official blog, they might be able to make some spare change from advertisers, but it's not going to be anywhere close to the other media rights. i can't imagine reading someone's live blog in lieu of watching the game on tv, if at all possible. b) blogs from the games are a great way to encourage grass-roots fandom. especially if you have multiple providers for the same game, some local, some not, it adds a colorful aspect that can only help boost the enthusiasm for fans. c) prohibiting the live blogs is *only* going to annoy the people who would have read them. personally, i was very disappointed to see they had prohibited the live-blogs. i'd really enjoyed going back and reading cstv.com 's live-blogs from the regional round of the tournament, and it was disappointing they wouldn't be able to provide the same service for the super-regionals. i think it's just another example of a corporation having a knee-jerk negative reaction that doesn't take into account what might actually be best for the customers.

  9. New doesn't exclude by bahwi · · Score: 2, Insightful

    Just because blogging is a new thing doesn't mean it isn't the press. They don't let the news outlets show it live and they have lots of crazy rules. Just because blogging is a new thing doesn't mean he is excluded. It's still the press and it's still reporting and live reporting is typically not allowed. If you make up "zlogging" and say it's the live reporting of scores and cool stuff that happens at a game doesn't make it any more "allowed" because it's "too new" to have rules against it.

  10. Re:-5 Strawman by UbuntuDupe · · Score: 4, Interesting

    Does/can the NCAA stop you from blogging about a game, as it happens, based purely on what you see being broadcast on TV? (i.e., from home) Not trying to make a point, just curious.

  11. Re:-5 Strawman by Chibi+Merrow · · Score: 2, Interesting

    No. You're just sticking your fingers in your ears and screaming FIRST AMENDMENT over and over again in hopes that it will suddenly become true. He can exercise his first amendment rights elsewhere all he wants. If blogging is journalism, then it operates under the same rules as any other form of journalism. Broadcasting involves widely disseminating information, which blogging obviously does. Yes the traditional definition of broadcast refers to television/radio stations, but before that it referred only to radio and TV broadcasts over the air (and was expanded to cover cable television), and even before that it referred just to small spark-gap transmitters held by private individuals. Definitions update themselves with the times, and posting (near) real-time descriptions of a game are as much broadcasting as a commentator speaking a blow-by-blow into a microphone or a typist providing real-time closed captions for a television broadcast. The endpoint device for the data doesn't change that.

    --
    Maxim: People cannot follow directions.
    Increases in truth directly with the length of time spent explaining them
  12. Re:-5 Strawman by daveschroeder · · Score: 2, Informative

    The question "does blogging equal broadcast" has not been answered. Until then, it's a 1st Amendment question.

    The question of ANY kind of live coverage of an NCAA event requiring licensing to cover said event, by any mechanism, including "blogging", has already been asked and answered numerous times in the courts. There already are numerous web-based, mobile, paging, datacast, and other textual services that do live or near-live coverage of such events, and they pay for and license the content and right to do so from the rights holder. Also, the blogger is not prohibited from reporting on the event after the fact. The question "does blogging equal broadcast" doesn't have to be answered; any live or near-realtime coverage of the event must be licensed. In this particular scenario, the person was even informed that his specific activity was prohibited.

    it's not a first amendment question.

  13. Re:-5 Strawman by Chibi+Merrow · · Score: 2, Insightful

    And what exactly is it that *gives* them that insane level of control over something that they do not and can not legitimately own?
    Oh, that would be the government.
    I'm not saying it absolutely is a first amendment issue, but you have failed to demonstrate that it isn't. The only reason they can even claim to have such far overreaching powers is due to the government granting them that monopoly power. If you're claiming it is not a first amendment issue, then you'll have to address that.


    The government cannot bestow rights upon an individual or a corporation. Rights either exist or they don't. Governments can choose whether or not to enforce rights, however. But that is their primary (and in the end, only just) purpose, to ENFORCE and PROTECT rights. In this case the NCAA has a Copyright on broadcasting of their games. They can choose to license or not license that right as they see fit. It's theirs. There's nothing in the first amendment that says they have to let you sit in the stands and report on their games if they don't want you there. That has nothing to do with the government bestowing any monopoly power upon them. It's THEIR game. If you don't like it, go somewhere else.

    But as he failed to point out, those who are currently playing by the rules aren't considered legitimate journalists by reasonable people any longer. They are, in fact, one of the biggest parts of the problem. They are corporate/government shills and nothing more. We need actual legitimate journalists who do not play by the rules more than just about anything at this point in time


    You should try visiting reality sometime. Journalists can write about whatever they wish, but they do not get a free license to be wherever they wish when they do this. This is the purpose of a press pass; it's a way for an entity to tell and individual "We recognize the contribution your reporting on this event will add to society and as such we are giving you the ability to view it freely and report on it afterwards." This does not make someone a corporate shill, it simply allows them access that they otherwise would have to pay for (or even in some cases could NOT pay for, as evidenced by my experience w/ Press badges at GDC). This is being done as a FAVOR to the journalist, not as some mercenary contract. If the journalist chooses to spit on such kindness, then they can report on the event from outside.

    As I've said to many people today: Get a life.
    --
    Maxim: People cannot follow directions.
    Increases in truth directly with the length of time spent explaining them
  14. The Real Scoop by EastCoastSID · · Score: 5, Insightful
    I'm a devout /. reader and also a sports information director at a major university (you've heard of it). My job puts me between the press and the teams - I run our web site, keep statistics, run press conferences, etc. That means I deal with this crap, and the NCAA's retarded rights issues, every day. I'm sure this isn't the first time this has happened, and it won't be the last.

    But here's the thing with this story.

    Whether or not someone can blog an event depends on some things. If it's an NCAA event (as this game was), it's the NCAA's call. As far as I know, the NCAA prohibits blogging at all of its championship events, including the College World Series and the Superregionals. It sucks, because even I as an institutional representative can't blog about my team, but as several other posters have said, there are a lot of rights and a lot of cash floating out there, between TV and radio, as well as livestats on the web and the ad revenues it generates. Monetarily, the NCAA is doing itself a favor, as well as the institutions, by restricting this.

    Louisville WAS NOT restricting the blogging - the NCAA was. The blogger may have gotten away with it at the basketball, probably because that event is so huge and unwieldy from a media standpoint they couldn't track him down/know he was doing it, and the Orange Bowl isn't an NCAA event.

    Most institutions don't care. I don't care. Hell, I WANT people blogging my school because it means we're getting that much more exposure. 17 year-olds aren't reading about us in the newspaper - they're reading blogs, and they're going to hear about us that way. I blog my own events during the regular season, but unfortunately, once its NCAA time, it goes out the window.

    And don't do the whole "it's a state-funded school" thing - 90% of these schools don't see a dime of state money for athletics. Their athletic depts. are set up as corporations that generate their own revenue and are mostly driven by student tuition activities fees, football, men's basketball and corporate and private donors.

    So, in conclusion, the NCAA is perfectly within their rights to restrict this, even though it's Evil and all that.

    Also, to the earlier poster who said that ESPN, CBS, etc. pay to get their live statistic game feeds - not true. Most all of the scores and stats you see on ESPN and CBS come directly from the institutions themselves. For example, if I'm the statistician for a football game, we send a live stat XML feed to our web provider, and it also gets FTP'd straight to ESPN. For schools that use the CSTV service, it goes to CBS Sportsline (which owns CSTV). For games not feeding stats like that, there are a few companies that will actually call the press row line (or, if they feel like being a pain in my ass, my cell phone) and ask for the score, high scorers, etc. ESPN owns the largest of these, SportsTicker.

    1. Re:The Real Scoop by EastCoastSID · · Score: 2, Informative
      The NCAA HAS restricted blogging before. Why? Because they grant blog/live result dissemination rights to specific organizations who either pay for it or have other deals to grant exclusivity.

      With basketball, I don't believe it was enforced, mostly because it's such a huge event, with such a huge amount of media covering it, that it would've been damn near impossible to do anything about it.

      CSTV owns a lot of these rights through their relationship with CBS and TV rights. Others go to niche sites that provide live scoring, like in the case of wrestling or rowing.

      You have to realize this - chances are, the game is on radio and TV. That's $$ for the NCAA and the host institution via sale of rights. If you're a commercial station, and you want to broadcast an NCAA game on the radio, you need to purchase those rights. But also, you've got live stats, generally provided by the institution. Those features generally include running commentary, so OF COURSE you want people looking at that (and pumping ad revenue to you) rather than the newspaper's blog. It's competition - schools and the NCAA are media outlets in and of themselves. Every university has its own site that generates a non-trivial amount of revenue (in some cases, a significant amount), and schools are damn well going to do what they need to do to maximize that revenue and pour it back into its programs.

      Nobody's pockets are getting lined with gold here. Nobody at the NCAA is getting fat bonuses because bloggers aren't blogging, and people working at the universities sure as hell aren't banking anything off it. These are all non-profit organizations we're talking about here. Schools' sports information departments have been providing statistics, stories, photos, and anything else you can think of for decades to media outlets, for free. A lot of local papers don't even send reporters to cover their smaller colleges anymore, they just write stories based on those press releases.

      As I said above, bowl games are NOT NCAA events; blogging would be at the discretion of the individual bowl. The Kentucky Derby is obviously not one either; regular-season collegiate contests don't count either (so if you're a newspaper reporter and want to blog UNC-Duke basketball, and the home school allows it, knock yourself out).

      The no-blogging terms are no secret. They're on the back of most NCAA credentials; the others direct credential-holders to the NCAA's terms on its web site. I'm going to guess the wording is on baseball credentials, too.

      I hope the NCAA does change its policy, because it ultimately hurts the schools most of all. But for now, there isn't much anybody can do to make them change. It's their party, and they'll invite whoever they please.

  15. It's NOT public property... by PRMan · · Score: 2, Informative

    It's a very large private gathering.

    --
    Peter predicted that you would "deliberately forget" creation 2000 years ago...
  16. Re:-5 Strawman by Darby · · Score: 2, Insightful

    The government cannot bestow rights upon an individual or a corporation. Rights either exist or they don't. Governments can choose whether or not to enforce rights, however.

    You went from an incomplete but possibly correct argument to something that is absolutely positively false.
    The very existence of a corporation is due solely to the government *bestowing* that right. Avoidance of consequences for your actions through legal mumbo jumbo is not a natural right and can not exist without it being granted.

    In this case the NCAA has a Copyright on broadcasting of their games.

    Right. Now your homework is to go and look up what a copyright is. It's a right that did not exist in any way shape or form until the government granted it. It is not a natural right and without a government grant of it, it does not exist anywhere. Without that government granted right, it is your natural right to do whatever the hell you want with your description of the game.

    That has nothing to do with the government bestowing any monopoly power upon them. It's THEIR game. If you don't like it, go somewhere else.

    And you contradict yourself yet again. It's only THEIR game *because* of a government granted monopoly.

    This does not make someone a corporate shill, it simply allows them access that they otherwise would have to pay for (or even in some cases could NOT pay for, as evidenced by my experience w/ Press badges at GDC).

    I never said that made them corporate shills. The unassailable fact is that all of the major media reporters are corporate shills. Claiming that anybody else who wants to report should emulate them is a very bad idea for that reason.