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Discovery Threatens Fan Site It Also Promotes

An anonymous reader writes "It seems the lawyers and the marketing people at The Discovery Channel don't talk to each other much. The marketing people behind the show 'The Deadliest Catch' have been supporting a fan community called DeadliestCatchTV.com for a while now. They've regularly sent the site info, free clips, previews and information about the show. On top of that, they link to it from the official site, including it in a list of 'fan sites' as a part of the 'Discovery Network,' and even will frame the site with the show's own dashboard for those who click through. Discovery's lawyers, on the other hand, have threatened to sue the site out of existence and have demanded that the owner hand over the domain name — which he is going to do, because he doesn't have the money to fight this. While there may be a trademark issue (which could be easily resolved with a free license), the lawyers are also making the ridiculous argument that posting the videos Discovery sent him to post are copyright infringement. They're also claiming that embedding the official Discovery Channel YouTube videos (which have embedding turned on) is copyright infringement. This is exactly how you turn lots of fans into people who hate your entire channel."

33 of 287 comments (clear)

  1. That show has went downhill anyway by elrous0 · · Score: 5, Interesting

    The whole last season was a tour de force of human tragedy, which Discovery happily played to/exploited (even adding in a melodramatic classical score this time around). Aside from the hundred or so tribute episodes to Phil Harris, it seemed like everyone in the fleet was intentionally playing to the cameras this time out even more than usual (with Edgar threatening to leave and fighting with Sig, Jake Harris's sudden "addiction" problems, etc.). Granted, the show will never be as good as the first season (before Alaska changed the rules and made the crab fishing a lot less exciting/dangerous), but this one seemed like a swan song more than any other season in the past.

    Everyone involved in the show has always been about the money. The Hanson brothers in particular will do about anything for a buck, and have been known for trading on their fame by lending their names to some pretty sleazy ventures. But this season the cynicism (in particular the playing to the cameras) really showed in some nasty ways. This time the captains even whored themselves for Geico commercials that ran during the show. And the producers' constant cutaways to a tired-looking Phil Harris was particularly shameless (they all but put up "He's about to die" subtitles).

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
    1. Re:That show has went downhill anyway by ISoldat53 · · Score: 4, Insightful

      I think the whole channel has jumped the shark. I'd rather read a book.

    2. Re:That show has went downhill anyway by barzok · · Score: 4, Interesting

      This time the captains even whored themselves for Geico commercials [youtube.com] that ran during the show.

      You forgot to mention the very obvious placement of the Geico coffee mugs in the wheelhouse of the Time Bandit.

      Sig Hansen has been listed as a producer and/or consultant on the show for several years - no real surprise there.

      I think Discovery overplayed the drama, but I don't think it was as bad as you make it out to be. Edgar Hansen has apparently been threatening to leave the boat for a few years now. Addiction to various substances seems to be fairly common across the fleet (a reference was made somewhere to "the other Jake" being 6 months sober late in the season, and other guys have talked about getting sober as well).

      There's only so many ways you can film & edit the crabbing grind & keep the viewership year over year. They had to pull in more of the human drama, and what happened w/ Phil Harris was perfect for the producers to latch onto. Otherwise, what's to talk about - the weather? The Bering Sea gets nasty weather - but you can't produce a full season of TV off that.

    3. Re:That show has went downhill anyway by commodore64_love · · Score: 3

      I've seen some of the episodes on Free TV (antenna), and I've never seen the appeal of the show. Every episode seems to be the same - men catching lobsters. If you've seen one, you've seen them all. I too would rather read a book.
      .

      >>>I think the whole channel has jumped the shark.

      What cable channels haven't jumped the shark? The Learning Channel is now Tender Loving Care (babies, brides, and bullshit). History should be renamed Present. Sci-Fi Channel is now some kind of cross between reality and new age. The Guide Channel often shows TV shows/specials instead of guides, and Weather Channel shows movies instead of weather.

      Back in the 90s I used to say, "I wish I had cable so I could see all this great entertainment, especially Sci-Fi and History." Now I have zero desire for cable.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    4. Re:That show has went downhill anyway by RyuuzakiTetsuya · · Score: 5, Funny

      Duh.

      What else do you do during Shark Week.

      --
      Non impediti ratione cogitationus.
    5. Re:That show has went downhill anyway by Sponge+Bath · · Score: 3, Informative

      TLC makes Discovery look like PBS.

      I agree TLC has become a total crap wasteland, but TLC is a Discovery company just like Discovery Channel, Animal Planet and Science Channel. It's just a different orifice of the same company.

    6. Re:That show has went downhill anyway by dkh2 · · Score: 5, Funny

      ROFL. The dyslexic part of my brain took over for a second there and I read that as

      The novelization of the Deadliest Crotch?

      --
      My office has been taken over by iPod people.
    7. Re:That show has went downhill anyway by Miseph · · Score: 4, Funny

      "It's like any other reality show, just on a boat."

      Dear T-Pain,
                You'd be a perfect addition to our show. We think the kids would just love it. Let us know what you think.
      XOXO,
                The Discovery Channel

      P.S.
      Are you friends with Xzibit? Because we've got a show about trucks that he could really revamp...

      --
      Try not to take me more seriously than I take myself.
  2. Bureaucracy at its finest by Local+ID10T · · Score: 5, Insightful

    Each department is doing it's job well. Upper management is responsible for overseeing and coordinating departments into a cohesive whole.

    Guess who failed?

    --
    "You want to know how to help your kids? Leave them the fuck alone." -George Carlin
    1. Re:Bureaucracy at its finest by h00manist · · Score: 4, Insightful

      Each department is doing it's job well. Upper management is responsible for overseeing and coordinating departments into a cohesive whole.

      Guess who failed?

      The guy with less money. According to standing legal and social norms.

      --
      Build your own energy sources from scratch. http://otherpower.com/
    2. Re:Bureaucracy at its finest by jvkjvk · · Score: 5, Insightful

      have to wonder, did the Marketing Department have the right to "give away" copyrighted material for use on a non-Discovery Channel site? I bet they didn't.

      That doesn't matter. The fact is that they are the same company, and the Company Iteslf does indeed have this right. And they exercised it. Now, it would be an entirely different matter if the company in question did not hold the copyright, but they do!

      In hindsight, the fan site owner should have verified the legality of the clips/info he was sent - it sounds dumb, but ultimately he is responsible for the information on his site

      I am sick and tired of people promoting corporate irresponsibility while at the same time screaming about personal responsibility and your post certainly smacks of that. The only reason to jerrymander a company like that is to avoid responsibility and I think they do a plenty good job of that already. In fact, the premise of your post basically signifies how complete the brainwashing has been.

      The fact is that the corporation is responsible for disseminating this to that site. NO, not, oh the "Marketing" department or any other sub group. The corporation itself. If they hold the copyrights then it is certainly legal to give out clips, knowing that they will be futher distributed, and they did.

      Regards.

  3. 2 jokes come to mind... by Tumbleweed · · Score: 4, Insightful

    1) Looks like they're "discovering" how to piss of their fans

    2) This is what you get by obsessing over a show as pointless as "Deadliest Catch". Oh wait, this one is not a joke. This is karma.

    1. Re:2 jokes come to mind... by Anonymous Coward · · Score: 3, Funny

      IMHO, they are all just acting crabby.

  4. Contact the EFF by The_mad_linguist · · Score: 5, Interesting

    Isn't this the type of thing that the EFF is for?

    Seems like setting a precedent for "if you send somebody your copyrighted material, you can't be sued" would be useful, especially with respect to RIAA honeypots.

    1. Re:Contact the EFF by The_mad_linguist · · Score: 3, Insightful

      Err, *they* can't be sued

  5. Before handing over the domain by gilesjuk · · Score: 5, Funny

    Can't he just fill the site with porn and get the site blocked by most internet nanny software?

    1. Re:Before handing over the domain by sjames · · Score: 4, Funny

      Why not, catching crabs is catching crabs...

  6. Look, ma! No legs! by Renraku · · Score: 5, Informative

    A judge with a brain won't let it fly that one side of the company supports the site and the other side of the company wants to sue it out of existence. They SHOULD find that once Discovery started 'supporting' the website, they gave it 'permission' for it to exist and didn't have a problem with it until they decided to sue. A company, in the eyes of the law, is one entity.

    --
    Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
    1. Re:Look, ma! No legs! by hibiki_r · · Score: 5, Insightful

      For that to matter you'd need a court system in which facing a copyright infringement suit without spending tens of thousands in legal representation is doable.

    2. Re:Look, ma! No legs! by dmgxmichael · · Score: 3, Insightful

      You're right. Now do you have $100,000 to get it in front of a judge?

      Increasingly in this country justice is the exclusive possession of the rich.

    3. Re:Look, ma! No legs! by DutchSter · · Score: 5, Insightful

      Too bad it will never see a judge because the owner of the site in question decided to acquiesce Discovery's C&D rather than go to court. I'm sure there will be posters who will bemoan the fact that he's "taking it in the ass" or "abandoning the principle of the matter" or other such nonsense. I never begrudge anybody for making a legal decision based on their own situation. Lawyers aren't cheap, and at the end of the day I can't think of any hobbies I have where I'd be willing to front thousands of dollars I don't have and years of stress just to make a point when the end result will be either:
      1. I win, and now have the right to continue to maintain a fan site for a show that's either now out of existence (by the time the case is concluded) or that I absolutely despise after what the company put me through.
      2. I lose, and go bankrupt.

      I think the owner is doing the best thing he can here - he's giving in without spending a cent but he's generating a lot of negative publicity in the process.

      As an aside someone should report all of Discovery's Youtube videos because they are not adhering to Youtube's terms of use.

    4. Re:Look, ma! No legs! by DrgnDancer · · Score: 4, Informative

      You'd really be amazed at what can be accomplished by getting on the phone and continuing to ask to talk to a more important person. I'm not as good at it as my mother (she once got her medical insurance to cover an experimental plastic surgery procedure for my brother after his face got messed up by a dog. By the end she was on the phone with a senior executive VP, who reported directly to the CEO), but even with my lack of fu, I've gotten a surprising number of charges reversed, problems resolved, etc. It's not always successful, but there's really a fairly number of reasonable people at all levels of management for these various companies. It's just that they are so rarely faced with the reality of how process and procedure affect other actual human beings, that they are insulated from doing much about it.

      Worse case scenario, he spends a few hours on the phone and wasted his time. It's not like he hasn't already spent hours and hours building this site. Best case he resolves the issue and moves on with life. In either case be prepared to buckle under before the deadline, if that's how you're planning to play it.

      --
      I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
  7. This is just early promo by oldspewey · · Score: 5, Funny

    Relax folks, this is all just promotional groundwork for Discovery Channel's next big reality TV show, in which a few thousand lawyers will be released onto a remote, arctic island with no survival gear beyond an iPhone, some designer shoes, and a briefcase full of legal documents and moist towelettes.

    The project has tentatively been titled "If you live, you get to sue our asses for putting you there."

    --
    If libertarians are so opposed to effective government, why don't they all move to Somalia?
    1. Re:This is just early promo by wile_e8 · · Score: 3, Funny

      Q: What do you call a few thousand lawyers on a remote, arctic island?

      A: A good start

  8. That's what corporate corpus callostomy does to ya by tibit · · Score: 4, Interesting

    It's quite, simple really. There is the legal department, in charge of chasing people away. And then there's the marketing department, in charge of pulling people in. And then there's no communication between them. With opposite missions, what do you expect.

    Add to the fact that the legal seems to be adept at the chasing away part, while somewhat forgetful of the law they apparently learned many moons ago in, uhhhunh whatwuzitcalled college methinks? To the lawyers: don't party so hard when in college, or you'll have trouble understanding the law later.

    Does anyone do performance review on corporate legal teams? As in real reviews where any monetary awards to the company are balanced with lost goodwill and whatnot? There's a lawyer or two waiting to be fired here, methinks.

    --
    A successful API design takes a mixture of software design and pedagogy.
  9. It doesn't cost much to defend yourself. by tomhudson · · Score: 5, Interesting

    And contrary to popular belief, you don't need a lawyer to be successful at it (remember, I've sued the government - and won).

    This is just another case of "lawyers don't know their job" - the majority of lawyers are incompetent. Law school doesn't even teach them how to handle a court case (read any big-name lawyer's bio and they'll tell you as much).

    Find a similar motion on the net, admit you own the aforenamed website and deny every other claim. Then the ball is in their court. They can do NOTHING without your cooperation. They will lose the domain name resolution process because you can show that the past history - otherwise they'd have used it

    And they'll lose in court. And have to pay.

    Let them sue. You'll enjoy making (greater) fools of them.

    1. Re:It doesn't cost much to defend yourself. by DutchSter · · Score: 3, Insightful

      I'm glad you've been successful at representing yourself in court. As I alluded to in an earlier post though we can't begrudge someone for not doing what we would rather they do when it comes to their situation. It's a personal decision. Here we are talking about a fan site that a guy runs as a hobby. Presumably he runs it because he likes Discovery and he likes their show. He's probably not so endeared to them anymore. We don't know but after this treatment he may not even be interested in providing them with free publicity

      Is it wrong that Discovery is going after him like they are? Yep, no doubt. But that doesn't mean we can decide for him how he should proceed. We know nothing about this gentleman's personal situation. What kind of a job does he have? Can he get all the time off he needs to defend himself in court, and what would his employer think about him being in a large civil suit? Is he married? Does he have kids that he's saving money for to send them to college? We don't know the facts and quite frankly we have no right to tell this guy how he should manage his affairs, particularly when the risk is all his and the reward is all ours. If he wins in court, what does he really get? The right to continue providing free publicity for a company he now despises? Talk about a hollow victory.

  10. So whats wrong with that? by Anonymous Coward · · Score: 3, Informative

    Everyone involved in the show has always been about the money.

    Our entire economy is built around earning what you want by pleasing your fellow man. That is what keeps us all productive.

    What the hell is wrong with wanting money? You need it to buy food and medicine for your kids, to put a roof over your head, and to do just about anything interesting. What's so damn bad about artists etc. working because they are paid?

    And what is bad about trying to maximize the amount of money you can get in return for what you provide? Haven't you ever asked your boss for a raise? You think people have to work for free and live in poverty in order to be good people?

    You are nuts.

    1. Re:So whats wrong with that? by Monchanger · · Score: 3, Interesting

      The difference is they seem to still risk their lives on the Bering, where actual soap opera stars don't actually die when their character is killed. Mike Rowe plays to the camera, but he still gets dirty and gets the job done- those can still be two different things and discovery doesn't have to be documentary the way History should (but sadly no longer is).

      Degree is everything, and I don't know that they've crossed the line. How much they make from Discovery is part of this- if they don't need to crab, they've certainly crossed it. If they are, as you suggest, crabbing for a living, they're still badass, hardworking dudes. If instead they're simply acting to a written script and don't care about full pots, then that would certainly be more drama than reality.

  11. Discovery Channel by DaMattster · · Score: 5, Insightful

    The Discovery Channel has really disappointed me. It used to be that they put out good, educational television shows. Now, they've added all kinds of extra drama to shows to supposedly make them more interesting but in reality they have a dumbed down appearance. Now, they also have gone the reality tv route. I fail to see how Deadliest Catch really teaches us anything - it is really only drama. I remember when TLC and DSC really had good educational shows that could captivate thinking audiences without all the bleeped out cursing and melodramatic garbage. It would seem that the last of the truly informative and educational shows are on PBS.

  12. Re:Greed, for lack of a better word, is good by spun · · Score: 3, Insightful

    I don't think greed is anything like "The desire to get more out of a process." That's just a desire for efficiency. I thought greed was specifically "A selfish or excessive desire for more than is needed or deserved, especially of money, wealth, food, or other possessions."

    You see, you left out two important components of the definition of greed, one, the desire itself is selfish and/or excessive; and the desire is for more than is needed or deserved. But this definition likely angers certain people, who will say things like ,"Excessive by whose standards?" or "Why should anyone be allowed to say what someone else needs or deserves?" and to them I say, we do. Society. Other people you happen to be sharing the planet with, we have the right and the power to say, "That's too much, buddy, didn't your momma teach you to share?"

    And that is perhaps the best thing that can be said about greed, like it or not, the rest of us humans have the power to stop greed from paying off, if we want to. And most of us do, despite what the greedy would have you believe most people are not greedy and in fact despise greedy people.

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  13. Well, it says a lot about the channel. by jd · · Score: 4, Informative

    I wonder if the fan site has asked the marketing people to intervene. Usually, although lawyers can get lots of money, marketing people HAVE lots of money and that can make a difference to the upper echelons.

    Alaskan crab fishing is ok as a "dangerous reality TV" show. Apparently the stats for Alaskan crab fishing is 356/100,000/year. That's a lot - getting on for 1 in every 100,000 per day. (US National Average workforce fatality rate is 7.0/100,000/year.) I wondered if North Sea fishing was worse - it has a vicious reputation and the North Sea has no landmass between it and the north pole. However, statistics indicates that the mortality rate is 151 x national average in the UK, and the UK's national average is 0.5 deaths per 100,000 people. That puts the North Sea fishermen at a paltry 76/100,000/year. Not safe, by any standards, but many times safer in absolute terms. In relative terms, the US' workforce fatality rate is 14x worse than that in the UK, but the Alaskan crab fishing is only 4.7x as deadly as North Sea fishing. By this standard, North Sea fishing is the deadliest fishing occupation relative to the health and safety of the country involved.

    --
    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)
  14. Reminds me of a Cringely story... by Bieeanda · · Score: 3, Interesting
    Ten years ago easily, Robert Cringely was doing some PBS show and had an episode dedicated to Microsoft. There were interviews, examinations of the company history, probably some shilling and that sort of thing. You know, the usual kind of thing that passes for a tech documentary. After everything was filmed, there were a few things to sign off on... and that's where things took a turn for the weird.

    The MS lawyers, who clearly hadn't been in the loop until then, demanded the rights to the show. After a baffled silence, the PBS people shot back, 'What the fuck do you mean?' The response to that was, 'Oh, our mistake. We want the rights to the SERIES.' You know. So they could protect MS's image or something.

    But no, this doesn't surprise me at all. This guy's basically been set up to be harvested like a ripe tomato-- he puts all of that effort into site design and upkeep, ropes in fans that might otherwise not care for the Discovery website, and delivers them up.

    Worse, there's the possibility that this poor bastard is collateral damage from some internal power struggle-- someone in legal trying to be a keener, or a strike at a rival in marketing.