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Thou Shalt Not View The Super Bowl on a 56" Screen

theodp writes "For 200 members of the Immanuel Bible Church and their friends, the annual Super Bowl party is over thanks to the NFL, which explained that airing NFL games at churches on large-screen TV sets violates the NFL copyright. Federal copyright law includes an exemption for sports bars, according to NFL spokesman Brian McCarthy, but churches are out of luck. Churchgoers who aren't averse to a little drinking-and-driving still have the opportunity to see the game together in public on a screen bigger than 55 inches."

74 of 680 comments (clear)

  1. Good luck with that, NFL by plover · · Score: 4, Insightful
    Good.

    I hope the NFL enforces this across America. Since most people are apparently too stupid to notice how the greedy bastards are taking away their freedoms, maybe this will wake more than a few of them up.

    --
    John
    1. Re:Good luck with that, NFL by Goldberg's+Pants · · Score: 5, Funny

      HAHAHA! Where is their God NOW?!

    2. Re:Good luck with that, NFL by servognome · · Score: 5, Funny

      HAHAHA! Where is their God NOW?!
      At the bar I guess.
      --
      D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
    3. Re:Good luck with that, NFL by bri2000 · · Score: 4, Interesting

      Is the Super Bowl pay per view (I'm in Europe and don't know what the TV arrangements are? If not what's being "stolen" from the NFL? Assuming no admission is being charged, how is having 100 people watch on one big screen any different from having 10 people watch on 10 smaller screen? They all see the ads and the sponsors.

    4. Re:Good luck with that, NFL by insignificant_wrangl · · Score: 5, Informative

      The Super Bowl is straight-up ole regular network TV. As the article mentions, all that this really affects is TV ratings (since fewer sets are showing the game). You must be European if you expect American TV ratings or copyright to make any kind of sense!

    5. Re:Good luck with that, NFL by hedwards · · Score: 4, Insightful

      Major sports leagues (NFL, NBA, NHL, etc) have always been pretty strict about enforcing copyright and redistribution rights for their broadcasts. They even put up a big warning like the FBI warning shown at the start of movies. It is their property I suppose so that shouldn't be a big issue of contention. They say that, but they step far beyond what they're legally able to defend in court. The reason why they've been allowed to leave those notices up at the beginning of games is simply that they haven't been stupid enough to try and press it in court.

      It has nothing about copyright law or redistribution rights, the notice that you refer to includes as well as the copyrighted telecast/radio broadcast and any relevant images, the right to discuss the game later on or tell people what the score was without the expressed written consent of the league.

      Those aren't protections which US copyright law presently extends to anybody.

      So no, it isn't a matter of the leagues protecting their legal rights in most cases it's a matter of them inventing new rights in order to coerce people to abide by their rules. Even the MPAA doesn't typically sue or send notices to church groups to not show their films. Or at least they have the sense not to allow those sorts of notices to go public like this.
    6. Re:Good luck with that, NFL by The+Analog+Kid · · Score: 5, Informative

      Is the Super Bowl pay per view

      Nope. It's on Fox. In fact, Fox is free over the air. The problem they have with it, is that instead of lets say 4 people per 1 TV, they might have 40 people per 1 TV, where there would have been 40 people split using 10 different TVs. I think ratings are only affected if Neilsen homes aren't watching it though. So it all really comes down to ratings. They'd rather see 10 homes watching the SB rather than 1 church.

    7. Re:Good luck with that, NFL by MarkRose · · Score: 3, Funny

      At a bar, watching the game. Why else would they want to show the Superbowl at church? To bring God back, obviously.

      --
      Be relentless!
    8. Re:Good luck with that, NFL by dgatwood · · Score: 4, Interesting

      Except that it doesn't affect ratings. Even if you are using one of the automated boxes, AFAIK, they still provide diaries for when you view something on another set. All you have to do is fill in that you watched it elsewhere.

      This is just the NFL being dumbasses, period.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    9. Re:Good luck with that, NFL by OptimusPaul · · Score: 5, Funny

      What!? As an american it is our duty to watch the super bowl. And as good god fearing men we are obligated to, that's why it's on Sunday. Now come on people let's follow the rules, there is nothing better than a day of bowling, especially super bowling... now when is it on?

    10. Re:Good luck with that, NFL by alexgieg · · Score: 4, Interesting

      That doesn't mean that stealing from them is okay.
      I've just copied your message, pasted it into a text file, and saved it to my hard disk. I have STOLEN YOUR INTELLECTUAL PROPERTY !!! Soooo, just for the sake of keeping our respective accounting records synchronized, could you please tell me by how many dollars I've diminished your property with my T-H-E-F-T act? Because, you see, on my book it says I'm exactly $0.00 richer.

      To make things clear, an old meme: copyright infringement isn't theft.
      --
      Conservatism: (n.) love of the existing evils. Liberalism: (n.) desire to substitute new evils for the existing ones.
    11. Re:Good luck with that, NFL by dosius · · Score: 5, Insightful

      It's on free-to-air TV. It shouldn't matter who's watching. Got a TV? Got an aerial? That's all you really need. It's not copying, no copy's being made, so what the hell does copyright have to do with anything? It would be a breach of copyright if someone was mastering videos during the game to hand out to the people in attendance...otherwise, they're just thumping their chests like the 900 lb. gorillas they are.

      -uso.

      --
      What you hear in the ear, preach from the rooftop Matthew 10.27b
    12. Re:Good luck with that, NFL by CopaceticOpus · · Score: 4, Funny

      Sweet, maybe their God and mine will patch things up over a few drinks!

    13. Re:Good luck with that, NFL by cpt+kangarooski · · Score: 4, Informative

      The telecast is licensed for "private home viewing"

      No, it's not, actually. Copyright law doesn't give any rights to the copyright holder with regard to private performances, so the copyright holder has nothing to license. In fact, even if he claimed that you couldn't watch the show privately on the basis of copyright law, you still could.

      Only public performances fall under the ambit of copyright law.

      Hell playing the radio in a Dr's office is technically infringing!

      No, that would probably fall quite nicely into the 17 USC 110(5) "homestyle" exception.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    14. Re:Good luck with that, NFL by Original+Replica · · Score: 5, Insightful

      So can they be sued for false advertising if they have a commercial that shows more than four people watching football together? If it is illegal to "use their product" in that way, are beer commercials that show large numbers of people over at a person's house enjoying the game together promoting copyright violation?

      --
      We are all just people.
    15. Re:Good luck with that, NFL by sempernoctis · · Score: 3, Funny

      In local news, the Super Bowl party at Bill's house has also been canceled. Legal experts on the matter advise everyone watching the Super Bowl to do so in a room by themselves with the door locked to prevent any further violations.

    16. Re:Good luck with that, NFL by tomhudson · · Score: 4, Interesting

      "Only public performances fall under the ambit of copyright law."

      A couple of hundred people gathered in a church is a "public performance."

      Especially since they're using it as an "outreach" to people who aren't regular church-goers. That makes it not only a public performance, but performance in return of expectation of a "good or valuable consideration".

      The church is in the wrong here - like on so many other things.

    17. Re:Good luck with that, NFL by loraksus · · Score: 4, Insightful

      I'd like to see this license I supposedly agreed to when I turned the TV on.

      What's that? Silence?

      --
      1q2w3e4r5t6y7u8i9o0pqawsedrftgthyjukilo;p'azsxdcfv gbhnjmk,l.;/
    18. Re:Good luck with that, NFL by dpilot · · Score: 4, Interesting

      Heck, we've got MythTV set to record the Super Bowl tomorrow, complete with commercial flagging.

      Monday night, we're going to use the commercial flagging in reverse - to skip the game and watch the commercials. Of course that's the once-a-year that the commercials are more worth watching than the event they're sponsoring. Come to think of it, most of the time both are about equally valueless.

      --
      The living have better things to do than to continue hating the dead.
    19. Re:Good luck with that, NFL by timeOday · · Score: 4, Funny

      Being mostly ads, the Super Bowl is an instruction manual for the "economic stimulus" handout we're all running up our credit cards in expectation of.

    20. Re:Good luck with that, NFL by dabraun · · Score: 4, Funny

      As an American it is my duty to watch the super bowl commercials. On Youtube.

      As for the event itself ... When is that? What sport is that? I just know it's a source of funny commercials that should show up sometime in February.

    21. Re:Good luck with that, NFL by sumdumass · · Score: 4, Interesting

      It has always been this way. It is considered commercial access and not residential if you have more then so many potential viewers. Homes have an exception because they are always residential but you could be walking a fine line if you had a home based business in the same home.

      I think they do this not because you are going to charge admission but because it adds value that wasn't there before or without it. Interestingly, your supposed to pay for the use of over the air broadcasts in these commercial situations too. Even if your a noncommercial establishment but have the require seating capacity to be considered commercial for this purpose. I have seen royalty checks go out to radio stations because they played the radio on hold for the phone systems at a certain company.

      You probably haven't noticed this stuff because rarely is there an organization like the NFL who is greedy enough to think they need to demand the fees in public from everyone rather accept that some viewers won't be counted and they will make an ass load of money anyways. Remember last year when they sent take down notices and sued a couple people for trademark infringement when advertising Super bowl parties?

      Maybe it is time to start an unofficial boycott of the super bowl where people start writing advertisers claiming they won't buy any of their products because of the greed the super bowl has become and maybe plan a pledge drive or something that advertisers can show the super bowl people to get lower rates next year. Maybe when their 5 million dollar spot only brings 2 million they would get the idea that actions like banning churches and nonprofits and so on, and regulating screen sizes isn't in the best interest of their bottom line. I seriously doubt you could get a complete boycott of the game, so working to get something together to give advertisers the ability to pay less would probably work better. I would be willing to write all the advertisers claiming I wouldn't buy their product (even though I probably would) because of the NFLs policies and the way their payment of large fees enables their behavior that we find negetive. The NFL would get the hint.

    22. Re:Good luck with that, NFL by Danse · · Score: 4, Informative

      It's all about those Neilsen boxes. If one person with a box goes to watch the game at church rather than at home, that shows up in the statistics as thousands of people not watching. Nielson people have journals too. They have accounted for the possibility of them watching TV somewhere besides their home.
      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    23. Re:Good luck with that, NFL by Overzeetop · · Score: 3, Insightful

      The interesting part is that my turning on the TV as no bearing on what comes on the screen. It's the broadcaster who is sending the pictures out. If the broadcaster doesn't send the information to me, I get snow. It's a push-only format, and as such any license should be between the content creator and the broadcaster.

      All of this is moot, as there is no license involved but rather laws. There's no EULA with my kitchen knife set that forbids me from using it to carve up school children, or my wife, but I can get into a lot of trouble if I do so.

      --
      Is it just my observation, or are there way too many stupid people in the world?
    24. Re:Good luck with that, NFL by cfulmer · · Score: 3, Informative

      In the U.S., the dividing line is in a different place. Under US Copyright law, an unauthorized "public performance" constitutes copyright infringement. A private performance doesn't. That's why it's OK to watch a DVD at home, but not in a movie theater when you open it up to the public. "residential" or "commercial" doesn't matter -- it's possible to have a private performance in a movie theater, and a public performance in a home.

      A performance is public if it's open to the public (i.e. anybody can come in) or if it's made to "a substantial number of persons outside of a normal circle of a family and its social acquaintances." For example, a small church (~50 people), all of who know each other, could watch the SuperBowl projected on a 20 foot screen, as long as it doesn't invite the public.

      The 55" screen thing is just the NFL saying "but, even if you do have a public performance, we won't bother you as long as you use a small screen." If the performance isn't public to begin with, the screen size doesn't matter.

      I do agree, though, that the NFL takes an aggressive stand on its rights. That's why you see so many advertisements about "the Big Game" instead of mentioning the SuperBowl itself -- the NFL claims that any commercial use of the "Super Bowl" mark has to be licensed. (The NFL tried to trademark "the Big Game" as well, but was denied.)

    25. Re:Good luck with that, NFL by sumdumass · · Score: 3, Informative

      Perhaps the use of residential and commercial was the wrong technical or legal terms to use.

      However, section 5 of 110 of the copyright law is where the 55 inch screen limit comes from. It supposes that screens larger then that would only be used for public/commercial uses. It was written in 1975 so a 55 inch screen back then probably would be along the lines of a purposeful public performance by a commercial venture.

      I guess the point I was wanting to stress which I probably failed in making was that other ventures or copyright holders aren't so pedantic enough to make it known their copyright would stop a bunch of people not wanting to drink and smoke from getting together to view the game on a large screen. Personally, I think that if 20 groups of five people want to watch it on a 55 inch screen, they should be able to collectively assemble and watch it on a 1100 inch screen and this shouldn't matter much. But the reasons the general public is finding out that after 30 some years of a law's existance, with at least the last 10 of those years being where private groups could readily obtain screens larger then 55 inches and probable have been in violations to some extent, that a copyright holder has the ability to stop large groups of people from viewing the game on a screen larger then 55 inches that for all intended purposes would be a private viewing as described by section 5 of 110 of the copyright law, is because an excessively greedy organization put forth their copyright claims in a manor most people object to.

      Greedy might be a poor choice of words too. Maybe I don't know how to communicate the idea of what most people object to or disapprove in how copyright law is being used to go after people in these days. With RIAA style john doe lawsuits and fishing expedition's designed to trap someone who might be innocent and claims that you can't copy a CD to a portable media player and alll, this bit with the NFL going after a church seems to be at the top of things.

  2. its like the writers strike is causing repeats by grapeape · · Score: 3, Interesting

    Is this now a yearly tradition for churches to whine about their Superbowl parties...

    Here is last years article same story, different church:

    http://sports.aol.com/fanhouse/category/miami-football/2007/02/01/nfl-orders-church-to-cancel-super-bowl-party/

    1. Re:its like the writers strike is causing repeats by OECD · · Score: 3, Interesting

      Is this now a yearly tradition for churches to whine about their Superbowl parties...

      Yes. This follows the new yearly tradition of the NFL to abuse its copyright in a manner that can only suggest RIAA envy.

      --
      One man's -1 Flamebait is another man's +5 Funny.
  3. Why can live sports events be copyrighted? by msauve · · Score: 5, Informative

    They are in no way creative works. What "original authorship" exists? "Copyright shelters only fixed, original and creative expression," which a football game isn't.

    Furthermore, to be copyrighted, a work must be fixed into a "tangible medium." That is not the case for a live broadcast (although it might be for an after-the-fact replay).

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
    1. Re:Why can live sports events be copyrighted? by whoever57 · · Score: 5, Insightful

      What "original authorship" exists?
      The editing, the commentary? It's not like there is a single camera fixed on the field. Also the teams are really entertainers and the sport can be considered an improvised performance.

      Furthermore, to be copyrighted, a work must be fixed into a "tangible medium." That is not the case for a live broadcast (although it might be for an after-the-fact replay).
      If IP addresses held in RAM can be considered "fixed", then a live broadcast can certainly also be considered fixed.
      --
      The real "Libtards" are the Libertarians!
    2. Re:Why can live sports events be copyrighted? by Capt'n+Hector · · Score: 3, Informative

      Easy: they copyright the broadcast of the football game, not the game itself. Then they prohibit anybody else from broadcasting the game (an agreement on admission to the stadium).

      --
      Quid festinatio swallonis est aetherfuga inonusti?
      Africus aut Europaeus?
    3. Re:Why can live sports events be copyrighted? by frieko · · Score: 5, Funny

      Or in the case of a Patriots game, the whole thing is fixed! /cheap shot

  4. So... by rakuen · · Score: 5, Funny

    If I have a 60" TV, and no one is around to watch it, does it violate copyright?

  5. Re:CAUGHT! by Wonko+the+Sane · · Score: 4, Funny

    We've just prevented a very serious crime, people.
    Which crime: exposing more people to football, or exposing more people to religion?
  6. Cops? No. Lawyers, yes. by Vellmont · · Score: 4, Interesting

    The NFL is a large corporation. Corporations prefer to use lawyers and scary sounding letters rather than the coppers. It's a lot harder to put a scary sounding letter on television than a bunch of cops busting up a church.

    --
    AccountKiller
  7. Oh yay by ObjetDart · · Score: 5, Funny

    Religion and football...two things that I couldn't possibly care less about. I hope they obliterate each other in a spectacular orgy of litigation.

    --
    I read Usenet for the articles.
    1. Re:Oh yay by c6gunner · · Score: 3, Funny

      Apparently you're the kind of person who would have done nothing when the Nazis went to the ghettos and started their genocide, because they weren't coming for you. THis isn't about football or religion, but something worse.
      I was reading your comment, thinking how you're getting such a raw-deal by being modded "Flamebait".....and then I hit this part:

      I'll leave it to you to try and figure what that is, although I kind of doubt you lack the mental equipment that sort of introspection will require.
      And then I giggled. And laughed. And almost fell out of my chair.

      I think you only got modded flamebait because there's no "+1 OMG That's Hilariously Ironic" tag :) Remember, proof-read twice, post once. You'll avoid looking like a silly bastard.
  8. I can truly understand this by Jugalator · · Score: 5, Insightful

    After all, it's really hard to make a profit on the Super Bowl.

    After all, the advertisements were set at an as low rate as $90,000 per second.

    Seriously, let's think of the NFL for once. :-(

    --
    Beware: In C++, your friends can see your privates!
  9. Pffft. This is easy. by Associate · · Score: 5, Funny

    All the churches need are liquor licenses. They can sell communion wine and hot wings. Insta-church-sports bar. Eat that NFL. No one fucks with the Jesus.

    --
    Someone hates these cans.
    1. Re:Pffft. This is easy. by rishistar · · Score: 5, Funny

      Exactly why he died a virgin.

      --
      Professor Karmadillo Songs of Science
  10. Re:2007 by Seumas · · Score: 3, Insightful

    This whole thing is ridiculous. Yes, the NFL is overzealous in protecting their content and possibly to the point of going over the line. However, I'm tired of all these bullshit excuses to get the population behind an individual or individual group's causes by saying such and such a company did XYZ to me... AND I'M A MOTHER WITH SIX CHILDREN! or such and such a company had the audacity to do this to us... AND WE WORSHIP BABY JESUS!.

    Who cares? Squirting out kids or belonging to a church doesn't earn you special rights, special treatment, special sympathy or special consideration.

  11. Re:Superbowl by Jugalator · · Score: 3, Funny

    I heard it's something about sports they're crazy about in the USA, even more than the world cup in soccer, believe it or not! It's supposedly about bowling. :-p

    --
    Beware: In C++, your friends can see your privates!
  12. Re:You heretics by Stanislav_J · · Score: 5, Funny

    The real WTF is, people in the USA watch football in churches? How the fuck is that not somehow blasphemous?

    In some parts of the U.S., football is the dominant religion.

    --
    "Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket." -- Eric Hoffer
  13. Heard it before by peektwice · · Score: 3, Insightful

    A person I know works for a church, and that church had investigated this before, and received the same answer. This is not news. It also does not surprise me that there is an exemption for sports bars. Don't get me wrong, me and the booze, we get along great. But if there's a ban on public performance there's a ban on it. Besides, using the NFL's logic, the ban should be the other way around. The sports bar make money showing the football game. Churches are tax exempt, and therefore do not officially make money.

    --
    Other than this text, there is no discernible information contained in this sig.
    1. Re:Heard it before by aaarrrgggh · · Score: 3, Insightful

      The problem is "public performance" keeps changing meaning. It used to be that an organized community not profiting from display of content was considered a private audience.

  14. Thank god... by jadin · · Score: 5, Funny

    This is to keep church members from seeing 56 inch nipples.

  15. Re:Yeah, screw those churches! by TheLinuxSRC · · Score: 3, Insightful

    RTFA

    ...but it doesn't mean you get to take someone else's show or movie and charge admission to watch it...

    If the church wants to use the NFL's football games to attract more members to the church, and charge the people coming to the party to pay for that outreach program...

    Read the article; it specifically states that the church was *not* charging admission.

  16. Re:You heretics by SeaFox · · Score: 3, Insightful

    The real WTF is, people in the USA watch football in churches? How the fuck is that not somehow blasphemous?

    It's the only way to get some of those people to go to Church on Super Bowl Sunday.
  17. If that's the case... by msauve · · Score: 4, Insightful

    how can they claim a church, receiving/viewing the broadcast, is "copying," and therefore in violation of copyright?

    Since the only practical use of a broadcast is to view it, isn't such viewing (at least non-commercially) "fair use?" Why is it a copyright violation for a group of parishiners to watch together, but not for a family to do the same? Is a license required to view content carried over the public airwaves? (this isn't Great Britain!)

    BTW, you totally missed/ignored the original point - a sports broadcast is functional, not creative.

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
    1. Re:If that's the case... by Capt'n+Hector · · Score: 3, Insightful

      how can they claim a church, receiving/viewing the broadcast, is "copying," and therefore in violation of copyright? I don't know. It probably falls under a public performance clause. I'm not a lawyer, but my post didn't address that issue so I don't know exactly why you're asking me. My guess is that the church receives some monetary benefit from showing the superbowl (i.e., tithes) and therefore the nfl is entitled to a portion of that benefit.

      Since the only practical use of a broadcast is to view it, isn't such viewing (at least non-commercially) "fair use?" Why is it a copyright violation for a group of parishiners to watch together, but not for a family to do the same? Is a license required to view content carried over the public airwaves? (this isn't Great Britain!) The non-commercially part is where the question lies. See above. The airwaves being public has nothing to do with it.

      BTW, you totally missed/ignored the original point - a sports broadcast is functional, not creative. No, I didn't. You argue that a game is not creative (and I disagree), so I point out that the broadcast of that game is creative, regardless of the status of the game itself. The commentary, the camera angles, the graphics, the production are all creative inputs. Just because it's functional doesn't mean it's not creative. Are you actually arguing that there is NO creative content in a sports broadcast?
      --
      Quid festinatio swallonis est aetherfuga inonusti?
      Africus aut Europaeus?
  18. Re:2007 by bigstrat2003 · · Score: 4, Insightful

    Who cares? Squirting out kids or belonging to a church doesn't earn you special rights, special treatment, special sympathy or special consideration. What's your point? The fact that they're in a church doesn't mean that we should be any less outraged, either. The NFL is abusing copyright law, and it happens to be a church who's getting hurt. The story is the abuse, not the fact that it's happening to a church.
    --
    "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
  19. NFL -- copyright abuse by coats · · Score: 3, Insightful

    The NFL's absolutist position on copyright (*no* use without permission) is contrary to both the copyright law itselfand in fact to the Constitution. In particular, "fair use" is a Constituional concept: in its original decision that established the doctrine of Fair Use, the Supreme Court said that Congress may not pass a copyright act so restrictive that it destroys freedom of speech and freedom of the press. Inasmuch as that is within the purview of the NFL's business, their statements about this are under law assumed to be deliberate and in full knowledge of that relevant law. Therefore, one must assume that the NFL's fraudulent claims of absolute control under the copyright act are a deliberate and knowing attempt to defraud the public. For that fraud, the NFL should be prosecuted.

    --
    "My opinions are my own, and I've got *lots* of them!"
  20. The simple solution? by crossmr · · Score: 3, Funny

    Is it still a 56" TV if there is a 1/2 inch strip of tape or something around the edge of the screen?
    God invented duct tape for a reason.

  21. Re:Yeah, screw those churches! by tompaulco · · Score: 4, Interesting

    What's with all this anger against the Church for showing the free over the air transmission for free to Church members and members of the community? They are not even charging admission! Where is the outrage against the sports bars who are profiting from the display of the Superbowl?

    --
    If you are not allowed to question your government then the government has answered your question.
  22. Debatable. by jd · · Score: 4, Insightful
    Technically, a truly live, unrecorded broadcast could be considered transitory and therefore not copyrightable. However, the five second delay means that it is indeed being recorded and therefore is an after-the-fact replay. I'm not sure copyright is the correct instrument to use, though. Copyright is intended for a work, an assembly that is well-defined prior to the copying of whatever is copyright, whereas this is essentially an improvised collection of improvisations, where the assemblage is taking place essentially simultaneously to the copying. Copyright was also never intended for a broadcast medium, where the copy technically exists whether the TV is displaying it or not. (It exists as a radio signal or a cable signal and it exists in the receiver up to the point of discrimination, even if the TV is switched off.)

    IP law is, frankly, a mess. Either unify all the concepts into one single notion, OR sub-divide the existing categories into wholly uniform concepts. Force-fitting one idea into a mechanism never designed or intended to be used in such an abstract manner creates a great deal of confusion over what actually is permissible and makes rational discourse on what should be permissible difficult to impossible. I would argue for unification, partly because you are dealing with underlying principles but also because if the unification is valid and correct, it will remain valid and correct for any future technologies within the bounds for which it is defined. Splitting the categories up into much finer-grain notions would make each rule much easier to understand, much easier to follow and much easier to enforce rationally and fairly, but makes IP as a whole harder to conceptualize and doesn't scale well as new methods of delivering information emerge.

    This church fiasco might - possibly - turn out quite useful if the level of resentment generated is sufficient to persuade the politicians that genuine reform (ie: not in the pockets of corporations) is in the interest of voters and therefore their own jobs. Narking a few churches off, though, probably isn't going to generate enough sustained ill-will to do anything beyond getting a few more people seriously drunk and lower that week's collection takings by a few dollars. Anyone who feels wronged on Sunday will have forgotten by Tuesday at the latest. No, the NFL would need to do something far more serious to do any good for the country.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  23. Re:Superbowl is not a religous event by AKAImBatman · · Score: 3, Insightful

    I personally am wondering what business is it of a church to host a Superbowl party?

    FWIW, a church tends to be more than just a place of worship. It's also a community center. (A tradition that long predates modern community centers.) While no one is going to watch the game in the service area, churches often have a basement or some other meeting area set aside for community events. Watching the SuperBowl together qualifies as a community event, and gives families a place to watch the game together without having to visit a sports bar. (A rather rowdy place during a game like the Superbowl.)
  24. Why does nobody else play American Football? by MrSteveSD · · Score: 5, Funny

    Both of Britain's main sports (Football and Cricket) are played quite widely internationally, yet American football does not seem to have taken the world by storm. I suppose one consolation of this is that the US always wins, but wouldn't it make more sense to concentrate all those resources on games that are more popular internationally?

    Come to think of it, the other main US sport, Baseball, is not hugely popular around the world either. According to Wikipedia it is less popular than volleyball and table tennis. Maybe the US is onto something here. Perhaps we can copy this idea in Britain. We need to ditch the sports we keep losing at, like soccer, and invent a new one that nobody is interested in. Then we will finally be world champions :)

  25. Re:I'm Confused by bdjacobson · · Score: 4, Insightful

    Which does the more damage. A greedy bunch of people that extort huge portions of one's personal income to attend events, or sports people who are so full of themselves that they would turn away a viewing audience just because some one might be profiting on their coattails.


    One poster commented that the NFL has a hard time making money. Well, from the picture of the church property, it does not appear that the church has that problem. It would be nice if the NFL could scam as well as the average christian churches in America. Selective reading lets then demand a tithe, but forget that Jesus destroyed the temple due to money changers in the church. Have American flags and patriotic paraphernalia in the church, but do everything they can to avoid paying taxes, even on clearly profit making activities. Agree to certain political limitations in exchange for the tax exempt status, and then, like the hypocrite, ignore those limitations as they please.


    This is nothing more than a whiny church complaining that once they are being held to rules of civilized society. I know it is a new experience for most churches, having to comply with the rule of law, but it happens. They can buy a smaller screen. They can choose not to have such a secular event in a sacred space, and forgo the tithe that members who are mostly interested in secular events might bring. They can, like most churches, have such secular events outside of the sacred space.

    Your perspective is just a little bit skewed. Giving to the church is entirely up to the person. So is going to that particular church. The Bible commands us to give 10% of our produce to the church so the leaders don't have to have a 40 hour job + 30 hour job coming up with a 30 minute speech every week. Now whether or not the people give to the church is entirely up to them and their conscience and God. It's close minded to think "because Scientology extorts money from its members, then all religions do". If you looked at the average salary of a youth pastor, pastor, etc; you'll find it's simply nowhere near enough to attract those in it for the money. There's a few pastors here and there that make a larger portion of money (such as Presbyterian pasters :), and there are the televangelists who say "give ME [specifically ME] money and God will give you more money", but they are nowhere near the majority.

    Believe it or not, there are people in the world who have motives other than making the most money possible--such as making money by helping others in the best way they know how. I don't know why people have to ascribe negative motives to people who say they just want to help others. Not everyone else is like you. Just because you don't want to help people doesn't mean there aren't other people who do want to help people in the same way they have found help.
  26. The end result? by Weaselmancer · · Score: 5, Funny

    I'd call the NFL's bluff. Jesus was a pretty rebellious and rock the boat sort of guy. He didn't back down from the Roman's or Pharisees, he told people how it was, associated with unwed women and whores, and scared those in power.

    And got crucified for it.

    --
    Weaselmancer
    rediculous.
    1. Re:The end result? by fahrbot-bot · · Score: 3, Funny
      And got crucified for it.

      That's why Jesus never went to college. Got nailed on the boards.

      --
      It must have been something you assimilated. . . .
  27. Re:Yeah, screw those churches! by zerocool^ · · Score: 5, Interesting


    Actually, and I kid you not, the fundamentalist southern baptist church that I went to when I was younger and still under the thumb of my parents did exactly what you're saying.

    Seriously, they figured that people would be watching the superbowl, and that's UNACCEPTABLE! Why? BECAUSE THE ADS ARE FOR BEER. Can't have good christians watching advertisements with frogs saying "Bud", now can we? So they showed the superbowl up on the wall of the gathering area at the church with a projector, and during the commercials, they'd instead air mini-commercials about jesus that the youth group had put together.

    Yeah. No joke. Wild.

    ~Wx

    --
    sig?
  28. Best Defense: "So Sue Me!" by Redbaran · · Score: 5, Interesting

    The best thing this church could do is call the NFL's bluff and play the game anyway!

    Let's consider the worst scenario, the NFL does sue. So what?!?! Odds are that the NFL will lose and then there is a good chance the church could counter-sue and reclaim any costs incurred.

    But, let's be realistic, it would be a PR suicide attempt for the NFL to sue a church. The only thing the church could do better then simply showing the game would be to bus in a load of poor, handicapped, cancer-inflicted children from broken homes. I'd like to see the NFL sue that!!

  29. Actually, the Superbowl is... by LynnwoodRooster · · Score: 3, Insightful

    the championship of the sport we crazy Americans call football. You can tell it from the football of the rest of the world because in the US, the big hits, bloody noses, and violence is on the field, not in the stands...

    --
    Browsing at +1 - no ACs, I ignore their posts. So refreshing!
  30. PSA by NikLinna · · Score: 3, Informative

    The word you want in that context is "averse", not "adverse". This has not been a flame, just a helpful comment. I make no promise for what follows this post. :-)

  31. I seem to recall an old Supreme Court ruling...... by CFD339 · · Score: 3, Interesting

    ...that may apply.

    Some of you guys may help me remember the details, but this was years ago and it had to do with receiving HBO and "ON-TV" (remember them?) via home made antenna or big sat dish. HBO and ON were both originally available in many areas using a special antenna. This was pre-cable tv, but not by much. The signal was scrambled by not by much. I recall a little 9 volt dc block adapter powered unit that went in-line on the coax from the antenna that could decode it. By todays standards, it wasn't encryption at all, more obscurity than security. I think the picture was shifted half way over, and the end that went off screen was prepended to the other side or something.

    Anyway, you could get it that way or your could catch the feed as it went across the big sats as that was completely open. Ah, the days before DRM.

    As I recall, the supreme court ruled then that if you could receive it out of the air and not have to descramble it, then you were within your rights to watch it. If I'm remembering it accurately, and if it hasn't been reversed, then the NFL's only actionable complaint would by with the networks for not protecting the copyrighted material. This is even more true if you're watching it by using an antenna and HD tuner rather than cable tv.

    Ok, flame the crap out of me for being wrong or outdated now. I'm putting my gnomex hood on and donning SCBA...

    --
    The problem with quotes on the internet, is that nobody bothers to check their veracity. -- Abraham Lincoln
  32. Re:Ah, I read a different article where they were. by SETIGuy · · Score: 3, Insightful

    This attitude that churches should not have to play by the same rules as everyone else drives me up the wall. Can we get rid of their tax exemption while we're at it? Or does this 52" TV have some demonstrable charitable purpose?
  33. NFL is deliberately obfuscating the law by michaelmalak · · Score: 3, Informative
    The 55-inch rule the NFL is referring to is U.S. Code Title 17 Section 110:

    ...the following are not infringements of copyright:

    [...]

    (5) (B) communication by an establishment of a transmission or retransmission embodying a performance or display of a nondramatic musical work intended to be received by the general public, originated by a radio or television broadcast station licensed as such by the Federal Communications Commission, or, if an audiovisual transmission, by a cable system or satellite carrier, if-

    (i) in the case of an establishment other than a food service or drinking establishment, either the establishment in which the communication occurs has less than 2,000 gross square feet of space (excluding space used for customer parking and for no other purpose), or the establishment in which the communication occurs has 2,000 or more gross square feet of space (excluding space used for customer parking and for no other purpose) and--

    (I) if the performance is by audio means only, the performance is communicated by means of a total of not more than 6 loudspeakers, of which not more than 4 loudspeakers are located in any 1 room or adjoining outdoor space; or

    (II) if the performance or display is by audiovisual means, any visual portion of the performance or display is communicated by means of a total of not more than 4 audiovisual devices, of which not more than 1 audiovisual device is located in any 1 room, and no such audiovisual device has a diagonal screen size greater than 55 inches, and any audio portion of the performance or display is communicated by means of a total of not more than 6 loudspeakers, of which not more than 4 loudspeakers are located in any 1 room or adjoining outdoor space;

    (ii) in the case of a food service or drinking establishment, either the establishment in which the communication occurs has less than 3,750 gross square feet of space (excluding space used for customer parking and for no other purpose), or the establishment in which the communication occurs has 3,750 gross square feet of space or more (excluding space used for customer parking and for no other purpose) and--

    (I) if the performance is by audio means only, the performance is communicated by means of a total of not more than 6 loudspeakers, of which not more than 4 loudspeakers are located in any 1 room or adjoining outdoor space; or

    (II) if the performance or display is by audiovisual means, any visual portion of the performance or display is communicated by means of a total of not more than 4 audiovisual devices, of which not more than one audiovisual device is located in any 1 room, and no such audiovisual device has a diagonal screen size greater than 55 inches, and any audio portion of the performance or display is communicated by means of a total of not more than 6 loudspeakers, of which not more than 4 loudspeakers are located in any 1 room or adjoining outdoor space;

    In other words, this law carves out explicit permission for restaurants to have a television, which otherwise would be a copyright violation. It does not rescind fair use. Recall fair use as described by U.S. Code Title 17 Section 107 (emphasis added):

    In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include--

    1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
    2. the nature of the copyrighted work;
    3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
    4. the effect of the use u
  34. They bought themselves a law! by Xenographic · · Score: 5, Informative
    IANAL, but this came up last year, too. They have a law written to forbid this, as stupid as it might be. If I could direct your attention to USC 17 110 (5) (B) (i) (II) or however you cite something buried that deeply in copyright law:

    (II) if the performance or display is by audiovisual means, any visual portion of the performance or display is communicated by means of a total of not more than 4 audiovisual devices, of which not more than 1 audiovisual device is located in any 1 room, and no such audiovisual device has a diagonal screen size greater than 55 inches, and any audio portion of the performance or display is communicated by means of a total of not more than 6 loudspeakers, of which not more than 4 loudspeakers are located in any 1 room or adjoining outdoor space;

    (emphasis added)

    They're correctly reading the law, as sad as it might be. Now, the law here is ridiculous, there's NO question in my mind about that. There are plenty of other ridiculous provisions in there just like this one. Alas, we have the best laws money can buy :-(
    1. Re:They bought themselves a law! by Gandalf_Greyhame · · Score: 5, Interesting

      and any audio portion of the performance or display is communicated by means of a total of not more than 6 loudspeakers, of which not more than 4 loudspeakers are located in any 1 room or adjoining outdoor space

      So, 5.1 is out then too?

      --
      I am not stubborn. I am right!
    2. Re:They bought themselves a law! by sumdumass · · Score: 5, Informative

      This law isn't the result of money buying legislation. It is an artifact of a time when TV's with a screen size of 55inches are larger were so costly that it could only be assumed that they were being used in commercial establishments. Section 5 of 110 was created in 1975 and was designed so that if you turned on a TV or radio in a public place for what would be considered home use, you wouldn't be in a violation if people gathered around or could somehow see or hear the broadcast. You can find more about it here. Your probably going to find it easier to search for 5 and it will take you to the parts dealing with section 4 and give a little case history on it.

      The law probably needs an updating but it would be highly unusual if it didn't get updated with the best laws money can buy. This law, seeing how it was from 1975 seems to actually have the interest of the people in mind.

  35. I see a loophole by jollyreaper · · Score: 3, Funny

    Federal copyright law includes an exemption for sports bars, according to NFL spokesman Brian McCarthy, but churches are out of luck. So what sets churches apart from sports bars, alcohol? So long as the churches have some water, I think I know a guy who can solve their problem.
    --
    Kwisatz Haderach
    Sell the spice to CHOAM
    This Mahdi took Shaddam's Throne
  36. Re:Ah, I read a different article where they were. by OECD · · Score: 4, Funny

    Do you go to the bathroom during commercials? Thief!

    --
    One man's -1 Flamebait is another man's +5 Funny.
  37. Re:Yeah, screw those churches! by Bill+Dog · · Score: 4, Insightful

    When you know the commercials are going to be promoting vices, why not replace them with messages promoting virtues? To substitute the Slashdot religion, so that everyone here will understand, if there was an annual event on TV that millions of people watched and where all the ads were for M$ products, wouldn't you want to assemble groups to show the program to but substitute what was according to your religion more positive choices?

    --
    Attention zealots and haters: 00100 00100
  38. Law is THAT much saner here in Europe. by sulimma · · Score: 4, Interesting

    The same issues came up during the soccer world championchips. (FIFA tried to sell licenses for public viewing) Here is how they were resolved in Europe. 1. A soccer game is not an original work in the sense of copyright law. As the landlord of the stadion they can control who puts up cameras there, but there is no copyright on the games themselves as they are lacking the creative process. (When I thing about it, wrestling matches might fall under copyright) 2. The TV shows produced by the people owning the cameras in the stadion falls under copyright law. They license this for broadcasting to TV stations. 3. The copyright law in germany protects an explicit list of actions that needs to be licensed like "public performace", "distribution", "broadcasting", "copying". The assumption is that any act can be classified as one and only one of these categories. Live TV viewing requires a "broadcasting" license paid for by the TV company. Turning on the TV in a public place does not make it an additional "public performce" as the broadcasting is public anyway. If record it onto tape. (copying) and replay it later in public you are doing a "public performce". But watching while the show is aired requires only the "broadcasting" license. This was tested in court and it makes perfectly sense to me.