Slashdot Mirror


The NFL Wants You To Think These Things Are Illegal

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

So, will you be paying attention to the game today? Ignoring it? Practicing your cultivated disinterest?

30 of 227 comments (clear)

  1. really.. this is on slashdot? by Anonymous Coward · · Score: 3, Informative

    how desperate for a story has /. become

  2. "Not illegal" is not the same as "you can do this" by guises · · Score: 3, Interesting

    The article misses the big point here: regardless of whether or not what you do is actually illegal, the NFL may very well sue you anyway. It's illegal in practice even if not in the books.

  3. Is it illegal by rossdee · · Score: 3, Insightful

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

    1. Re:Is it illegal by Anonymous Coward · · Score: 5, Funny

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

    2. Re:Is it illegal by Livius · · Score: 3, Funny

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

  4. Tradition of ruination by Cytotoxic · · Score: 2, Insightful

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

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

    1. Re:Tradition of ruination by Anonymous Coward · · Score: 3, Funny

      yeah, that just gets in the way of all the gay sex!

    2. Re:Tradition of ruination by Cytotoxic · · Score: 2

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

  5. Accounts by bws111 · · Score: 5, Informative

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

    1. Re:Accounts by jbengt · · Score: 2

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

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

  6. The author of the article is confused by mysidia · · Score: 5, Informative

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

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

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

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

    1. Re:The author of the article is confused by rmdingler · · Score: 2

      The argument made is timely, panders to the public's mistrust of all things big/corporate, and appears plausible on its surface....yet addresses the actual rule inaccurately. Classic hayperson.

      --
      Happiness in intelligent people is the rarest thing I know.

      Ernest Hemingway

  7. Badly written by Rick+Zeman · · Score: 4, Insightful

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

    Duh.

  8. NFL got a guru --- the MAFIAA by Anonymous Coward · · Score: 3, Insightful

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

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

  9. xkcd by Livius · · Score: 3, Insightful

    Munroe has the right idea:

    Hooray for snacks!

    1. Re:xkcd by Livius · · Score: 2

      There's another option, which is not being interested in football (or whatever) simply to be polite, but to be interested in the other person's passion for football, which is something personal.

      And snacks.

    2. Re:xkcd by StillAnonymous · · Score: 5, Insightful

      People ask me about sports all the time and I just respond that I'm not interested in watching. The conversation typically goes like this:

      "Why don't you like sports?"
      "It's not that I don't like sports, in fact I like playing some of them. It's just that I don't enjoy watching them."
      "Why? They're so exciting!"
      "Would you like to watch me play a video game?"
      "No."
      "Why?"
      "That's boring."
      "Now you know how I feel about watching someone I don't know play a game on a field. Intersperse that with hundreds of advertisements, comments about how much money these guys are being paid because they were lucky enough to be born with the physical qualities that make them good at this game, and therefore how much more important they are than say, a group of scientists who's names you will never know that working on a cure for Parkinson's or leukemia."

      The commercial aspect and obscene amounts of money and resources poured into "professional" sports is actually a major turn-off to me and turns it from something I'm merely "not interested in" to something I actually resent. I would have enjoyed Hockey back in the 50's or 60's when it was just a bunch of regular Joe's with day-jobs who played the game for the love of it, not because they're some prima-donnas who're demanding they get an extra million or they won't play. Go watch the movie BASEketBall to see this.

    3. Re:xkcd by HBI · · Score: 2

      Why would I want to celebrate the exact same kind of idiocy that resulted in thousands of years of despots and monarchs ruling through martial prowess? The leaders of that era were by and large bad people, and so are the sports stars of today. A bunch of druggies and cheaters, in addition to the other more usual human vices.

      The hero worship of demonstrably bad people because they could swing a sword better than others was stupid back then and it's stupid today, whether we talk of footballs of any variety or any other sport implement. Moreover, it is totally deserving of being called out, despite the fact that a lot of people who think they are intelligent are fully engrossed in it.

      --
      HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
  10. Re:Hyperbole Sunday by Anonymous Coward · · Score: 2, Insightful

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

  11. Re:"Not illegal" is not the same as "you can do th by fermion · · Score: 4, Funny
    Not only can they sue you,they might win.

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

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

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

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

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

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

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

    --
    "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
  12. Re: "Not illegal" is not the same as "you can do t by dnaumov · · Score: 2

    The DMCA claim itself is the citation, the whole mandatory "under the penalty of perjury" part of it, you know.

  13. It works both ways by Anonymous Coward · · Score: 2, Interesting

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

    Why is it important to me that I should be able to instantly bond with members of the "working class?" (I work, everyone I know works, what the article means is "lower class"). In my personal experience (mostly in college and shortly thereafter), plenty of lower class people also spend what little money they have on street drugs and excessive alcohol while voicing hatred for the wealthy. Such people are not only uninteresting to me bug outright dangerous. I am very glad I pulled myself out of that culture, and I have no interest in spending more time with such people than I have to.

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

    1. Re:It works both ways by Noah+Haders · · Score: 2

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

      obligatory xkcd.

  14. Re: "Not illegal" is not the same as "you can do by mark-t · · Score: 2

    To successfully sue somebody, you still have to actually show how that party had actually done some sort of wrong by you... and them simply saying that it is wrong doesn't actually make it so. They would still need to convince a judge of that.

  15. Re:The most boring game on Earth by PPH · · Score: 3, Funny

    Its 100 million people who who need exercise watching 22 guys who don't*.

    *Then again .....

    Don't mind me. I'm just here so I won't get fined.

    --
    Have gnu, will travel.
  16. Re:Hyperbole Sunday by hairyfeet · · Score: 4, Insightful

    Not to mention the article is full of crap because if the NFL SAYS its illegal? Then it is...because they can afford a million dollar legal team with "experts" and research teams that can keep you in court for the next decade and you? you can't.

    For several decades now the only ones that have been able to go against an ubercorp is another ubercorp and the reason why is obvious, you send your local yokel lawyer against their dream team he is gonna be utterly demolished. Then you figure in the fact that they won't have to give up work to be in court, won't have to worry where their next check comes from,and even if they lose they can afford to keep the appeals going for another decade, can you? Unless your last name is Gates or Buffet? Not likely.

    This is why I've said for years we have to have a serious overhaul of our legal system because as it is now if you go against a megacorp (or the state) you are a junior HS football team and they are the Denver Broncos, doesn't matter if you claim the game itself is "fair" because in the end they have access to talent and resources leagues above anything you can possibly muster.

    --
    ACs don't waste your time replying, your posts are never seen by me.
  17. Re:American Football thinks it's tough by MightyYar · · Score: 2

    Dying is for quitters.

    --
    W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  18. Re:Hyperbole Sunday by Grishnakh · · Score: 2

    TV these days is pretty bad. I can't remember the last time a show caught my interest.

    I can: Firefly was excellent.

    Actually, there's a few more that are more recent that I've found interesting as well:
    - (Star Trek) Enterprise: this was surprisingly good (I only watched it last year, after it was already 10 years old), except for the 3rd season Xindi plot arc which I found rather annoying. The first two seasons were very good though.
    - Big Bang Theory: I've only watched the first two seasons so far, but it's actually very funny, something I've never really found in a sitcom before. I guess it being about physicists instead of typical average morons helps a lot this way.
    - Game of Thrones: this one really shouldn't require an explanation.

  19. Re:Hyperbole Sunday by ubrgeek · · Score: 2

    There are three reasons we keep cable:
    1) American Pickers (I know Netflix has it, but we've seen all of those and it's our relax-without-thinking show that we look forward to sitting down together each week once the kids are asleep)
    2) Walking Dead (Ditto Netflix, although I don't know how current they are. That said, I'm increasingly becoming decreasingly interested in the show)
    3) It costs $10 more to get Internet access without also getting cable.

    --
    Bark less. Wag more.
  20. Re:Hyperbole Sunday by gatkinso · · Score: 2

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

    --
    I am very small, utmostly microscopic.