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NFL, MLB Accused of Bogus Copyright Claims

Posted by ryuzaki0 on from the now-talk-to-the-mpaa-already dept.

P Crewe writes "A complaint filed by the Computer & Communications Industry Association accuses the NFL, MLB, and a number of studios of deceptive trade practices, saying that their far-reaching copyright claims systematically misrepresent the rights of consumers to use copyrighted material. 'According to the complaint, such warnings "materially misrepresent" US law. Fair use is given short shrift, and as a result, consumers are left with the impression that any use that the rights-holders do not expressly approve is illegal. "Consumers have the right to use the content in legal, non-infringing ways," CCIA spokesperson Jake Ward told Ars Technica. "Putting these warnings on broadcasts, videotapes, and DVDs is both misleading and threatening."'"

16 of 116 comments (clear)

  1. Obligatory Youtube Video by dknj · · Score: 5, Informative

    Disney teaches Copyright

    dk-

    1. Re:Obligatory Youtube Video by TheRealMindChild · · Score: 5, Funny

      While this little clip attempts to prove a point, actually watching it is akin to being tied to the back of a bulldozer as it drives 50 miles down an unpaved road.

      --

      "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
  2. The complaint is with FTC by mi · · Score: 4, Insightful

    A complaint filed by the Computer & Communications Industry Association [...]

    The write-up forgot to mention, who the complaint was filed with. It is with the FTC.

    "Putting these warnings on broadcasts, videotapes, and DVDs is both misleading and threatening."

    I don't think, it is illegal to mislead (other than in advertising) or even to threaten (other than with violence). Would be nice, if FTC stops it somehow, of course, just to keep things cleaner...

    --
    In Soviet Washington the swamp drains you.
    1. Re:The complaint is with FTC by Anonymous+Cowpat · · Score: 5, Insightful
      so instead someone has to take the risk of:
      • Ignoring the notice
      • Being taken to court
      • Losing by default when they run out of money
      • And getting massive damages because they were warned on the disc/tape and chose to ignore the warnings
      • Being bankrupt for the rest of their life
      ? Because if that's what the law says then the law needs to change.
      --
      FGD 135
    2. Re:The complaint is with FTC by coldmist · · Score: 4, Informative

      http://www.copyright.gov/title17/92chap5.html#512
      Section (f)
      (f) Misrepresentations. - Any person who knowingly materially misrepresents under this section ... shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner ... who is injured by such misrepresentation...

      If they ask a content provider to remove it, and you have to hire a lawyer to keep it up, then they are liable for your legal fees.

      It isn't criminal, but it is illegal.

      --
      Don't steal. The government hates competition.
    3. Re:The complaint is with FTC by MightyMartian · · Score: 4, Interesting

      It would if you were Jimmy the Local Neighborhood Thug, but if you're a major corporate interest with lots of dollars and plenty of bureaucrats and politicians willing to suck your figurative genitals for a share of the pie, it ceases to be. Remember, the only thing that matters in this world is how much money you have. The more you have, the less the law applies to you, until finally, when you're a Very Large Corporation, the law is a meaningless abstraction that has little effect other than keeping legal departments employed.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    4. Re:The complaint is with FTC by xZoomerZx · · Score: 5, Insightful

      Most people don't know enough about the law or fair use to say...
      And that is what is wrong with the American justice system today. This country was founded on the idea that a (truly) free people would require few laws and would therefore be knowledgeable of the laws in their entirety. (Since they were to be self-governing) Unfortunately, a long time ago politicians, the vast majority being lawyers themselves, realized that more laws would benefit them and their lawyer brethren.
      Doubt me? How many pages alone is the federal tax code again? (it's 13,458 pages in total)
      The only real solution to these shenanigans is a re-vamp of the entire legal system top to bottom. But I wouldn't hold my breath if I was you.
      --
      Power tends to corrupt, and absolute power corrupts absolutely.
  3. About time! by wnissen · · Score: 5, Informative

    MLB even tries to tell you that descriptions of the game are under their copyright, the lying needs to stop.

    1. Re:About time! by jguthrie · · Score: 5, Informative

      But their "descriptions and accounts of the game" are protected by copyright. If you went to a game and described the game, your description would also be protected by copyright, but the copyright on your description wouldn't belong to MLB.

    2. Re:About time! by ToastyKen · · Score: 4, Informative

      I think the grandparent post was referring to how the MLB tried to convince the courts that player stats are under copyright.

  4. Government and Businesses... by no_pets · · Score: 4, Insightful

    Government and businesses love to stretch their rights and power unless called on it. If they get away with expanded rights/powers long enough they tend to become real or legitimate.

    --
    "A government is a body of people, usually notably ungoverned." - Shepard Book Quoting Malcolm Reynolds
  5. Are You Kidding? by Vengance+Daemon · · Score: 4, Insightful

    These guys are complaining to an agency of the United States government! Do they expect their complaint to receive any kind of responsible hearing? This is the United States, for heaven's sake, we don't have intelligent, fair representation any more; the NFL will just grease a palm here and there, and get whatever they want. Sheesh, why get all fussed and bothered?

  6. Seems to me... by Raccroc · · Score: 5, Insightful

    It has always seemed to me that the root of such behavior is that they are allowed to continue to operate as monopolies.

    Because there is no competition to professional football it allows the NFL to become bullies and make outrageous demands. Not just with TM and copy write, but with players/coaches contracts, advertisers/sponsors, broadcast providers, etc. I just don't get is how they can continue not getting thumped for anti-competitive practices. Hell, it constantly amazes me one of the extremely rich players who gets suspended doesn't ever raise a stink about it...After all, it's not like he can get a job playing for someone else.

    (MLB is a congressionally protected monopoly, at least from my understanding.)

  7. I care more about the MPAA ads on DVDs by claytongulick · · Score: 4, Insightful

    It drives me insane (and my wife, because she has to deal with me yelling at the screen) every time I see one of those DVD anti-piracy ads, the ones that go "You wouldn't steal a car... blah blah blah.... buying pirated movies is STEALING. STEALING is against the LAW."

    Those ads are factually incorrect and misleading. Buying pirated movies may be copyright infringement, but thats quite doubtful since the purchaser is not responsible for proving that the CD/DVD is authentic and the doctrine of first sale still applies to DVDs/CDs. The infringer, in that case, would be the person knowingly selling pirated materials, not (necessarily) the person buying them.

    Even if it was copyright infringement, that is wildly different than STEALING, since no one is being deprived of a physical possession, which is why they are separate areas of law and until recently copyright infringement was mostly considered a civil issue, except for extreme cases.

    I get infuriated at the blatant and deliberate misrepresentation of fact in those ads. They are untrue and intimidating, and I would love if a lawyer here would tell me if a lawsuit would have any grounds to get them stopped. I dontate to the EFF, maybe they would take up the case.

    Does anyone know if a case like this would have any teeth?

    -Clay

    --
    Drinking habits can be dangerous. You can choke on the cloth and the nuns will wonder where their clothes are.
    1. Re:I care more about the MPAA ads on DVDs by Don_dumb · · Score: 4, Insightful

      I don't care about the content of those, I care that I can't skip them. I care that I paid for a DVD and it has these adverts that I have to endure.

      --
      If this were really happening, what would you think?
  8. Re:Disregard all FUD by markbt73 · · Score: 5, Funny

    "The American media should be more than aware of the fables like Chicken Little, and Crying Wolf."

    We're aware of them, but Disney copyrighted them, so we have to wait for a special edition re-release of the DVD to actually see the stories.

    --
    "Oh boy! Are we going to try something dangerous?"