Man Sues Bon Jovi, MLB, Others For $400 Billion Over Song He Claims Was Copied

from the idea-expression-dichotomy dept

We see stories all the time of people who write a story or a script and then when they see someone else has success with a similar idea, they assume that it was "stolen" and they're owed millions. Or, as the case may be, billions. A Red Sox fan named Samuel Bartley Steele, who apparently wrote a song called "(Man I Really) Love this Team," in 2004 got upset when he saw singer Bon Jovi release a song "I Love This Town" which was then used by Major League Baseball to promote the playoffs in 2007. He claims that he gave copies of the song to Red Sox execs, Red Sox players and MLB execs -- and thus Bon Jovi's song must have stolen from Steele's song. Of course, the two songs are apparently entirely different -- and even Steele's own musicologist testified that the songs were different. The district court tossed out the case, noting that no reasonable jury would find a similarity, but the guy has appealed and is asking for $400 billion, yes, with a b. If he won that much, perhaps he could donate some to the team to pick up a free agent outfielder or two this off-season, but I imagine that this case won't last very long.

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Is It Really A Problem That 'Only' 31 Newspapers Sent Reporters To The World Series?

from the really? dept

Earlier this year, we had a discussion on the changing nature of sports beat reporting in the internet era, and one of the points we made is that there really is an awful lot of overlap and duplication in effort in some cases (such as the NY media). And yet, as pointed out by Jay Rosen old school baseball reporter Murray Chass is complaining that about half of the newspapers that have baseball beat writers did not sent a reporter to the World Series this year, calling it a "sign of a dying industry." Apparently there are 60 newspapers in America that have beat reporters who travel with the teams they cover, but only 31 of those papers sent reporters to the World Series.

I'm really searching to see how this is a problem. First of all, those 29 other papers are all papers whose local teams are not in the World Series, meaning less interest. Second, those beat reporters are equally capable of watching the games on TV from the comfort of their own home and getting their quotes from the televised press conferences afterwards. It's not as if a player on the Yankees is going to break an important story to the Braves beat reporter for the Atlanta Journal Constitution. All they'd really be doing is adding to the media scrum around the players before and after each game, adding absolutely nothing of value. On top of that, the count of papers also leaves out the national media reporters -- such as those from ESPN and Sports Illustrated -- as well as the the reporters employed by MLB.com. I'd argue that the fact that about half of the papers decided not to send their own beat reporters is a sign of (finally) smarter newspaper management in not wasting money on a boondoggle for a baseball reporter.

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MLB Refuses To Give Permission To Guy To Describe Game To A Friend

from the expressed-written-permission dept

A couple years ago, law professor Wendy Seltzer used the NFL as an example of sports leagues performing copyfraud, by claiming copyright control beyond what is allowed by law. Specifically, she was talking about the warning mentioned at some point during every game. For the NFL it was: "This telecast is copyrighted by the NFL for the private use of our audience. Any other use of this telecast or of any pictures, descriptions, or accounts of the game without the NFL's consent, is prohibited." In Seltzer's case, amazingly, the NFL sent a DMCA takedown of her posting that clip to YouTube -- giving her another "teachable moment" on copyright abuse.

And yet, sports leagues still continue the copyfraud. One of the fine folks over at Consumerist, Phil Villarreal, found the wording of Major League Baseball's warning quite questionable:

"Any rebroadcast, retransmission, or account of this game, without the express written consent of Major League Baseball, is prohibited,"

Unlike the NFL one, at least it didn't say "descriptions," but "account" is pretty close. So, Villarreal contacted MLB to request "express written consent" to provide an "account" of the game he had watched to a friend. To its credit, MLB responded and asked him to call someone in its business development department... who (perhaps reasonably) thought it was a joke and did not provide the written consent (and stopped responding to calls and emails).

Now, obviously, this is a bit of a joke (and a funny one), but it does highlight a rather serious problem. Copyright holders are pretty regularly claiming significantly more rights than they actually hold over content, and many people simply assume that they can do this. This leads to them to think that they don't have basic rights concerning not just "fair use" but stuff that is obviously not covered by copyright, such as an "account of this game." There really should be sanctions against such copyfraud.

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Finally, A MLB Team Gets A Deal For In-Market Online Streaming

from the water-stone-etc. dept

Major League Baseball has long contended that fans should watch games in the manner in which it chooses, rather than how the fans themselves want to. This is the thinking behind its local blackout policies, first intended to "protect" ticket sales by not allowing the TV broadcast of games that weren't sold out, and lately, intended to "protect" local TV broadcasts by making it impossible for fans to watch their local team online. It takes the blackouts so seriously that it's even patented a way to black out local users from online streams, an absurd show of pride in something that basically just frustrates fans and customers. But there may be some cracks appearing in the local online blackouts, as the New York Yankees, Cablevision and MLB have reached a deal for in-market streaming of games. At first glance, the negotiations sound pretty convoluted, especially considering the Yankees own a stake in YES, the local TV rightsholder. But not surprisingly, the result -- that people in the Yankees' local market can only buy the online subscription if they're Cablevision subscribers that get the YES network in their cable package -- seems like it's par for the course for MLB, which has a penchant for trying to lock down everything baseball-related online.

The amount of baseball that's broadcast on TV has boomed over the past couple of decades, having escaped the thinking that making the game harder for fans to follow on TV was somehow actually good for it. Now, the same thing is playing out online, where MLB seems hellbent on frustrating fans who want to see all of their teams' games online. What makes online different than TV, in that putting up these walls in front of the game's most dedicated fans is somehow a good thing?

Carlo Longino is an expert at the Insight Community. To get insight and analysis from Carlo Longino and other experts on challenges your company faces, click here.

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MLB Gets A Patent On Making It More Difficult To Watch Your Favorite Baseball Team Online

from the but-why? dept

One of the most annoying things about Major League Baseball's online viewing options is the ridiculous "blackout" areas. Basically, you can watch any team you want... as long as they're not our local team. Seriously. The misguided fear was that the local TV stations would lose out on revenue because people would be watching online instead of on TV. This is similar to the incredibly wrong theories when TV first became popular that local TV shouldn't be allowed to show local games if the stadiums weren't sold out. Rather than recognizing that giving fans more tools to watch games however they want, they seem to think that fans can be forced to watch in the method MLB wants. However, now MLB.com has taken it even further. It's patented its method for determining who to block out.

You can check out the full patent yourself to see if you can figure out how this was granted. If you asked any half-way competent programmer how to set up such a system, they could all come up with something identical to this. How is this possibly not obvious? Determining where an internet user is geographically has been around for ages. Limiting access by subscription levels has been around forever. Combining the two hardly seems new and innovative. This seems like it should fail based on general obviousness, as well as the new tests under the KSR ruling (on obviousness) and the Bilski ruling (on pure software patents). About the only "good" that comes of this is that perhaps it means other sports leagues won't use such an anti-fan policy.

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Baseball Writers' Ivory Tower Eroding

from the going-going-not-gone dept

As newspapers like the Rocky Mountain News shutter operations, we hear more and more stories about the supposed looming end of journalism. The latest story, from the Wall Street Journal, fortells the doom of baseball writers, one of the oldest and most powerful sportswriting press corps in the country, in an article melodramatically titled Baseball Writers Brace for the End. The Baseball Writers Association of America seems to be buckling down and preparing for the "dark clouds" that they apparently see on the horizon. However, for an organization that only recently admitted web-only reporters into its membership, it makes sense that they see the changing journalistic environment brought on by the web as something bad rather than a new opportunity. Yes, it's expensive to send reporters on the road with teams, and yes, in these tough times, some papers are cutting their sportswriting staffs. That said, just because newspapers are cutting sportswriters, that does not mean that sportswriting itself will die. Like investigative journalism, sportswriting can certainly adapt to an online environment.

After all, it's not the paper that makes the content better, it's the content itself. Case in point, Yankee beat reporter Pete Abraham's blog is religiously read by hordes of Yankee fans. If, for some reason, The Journal News were to shut down, surely Pete would be able to find an audience to support him on his own. Granted, the Yankees would have to have the foresight to continue to give him press credentials. That said, large market teams like the Yankees and Red Sox are not likely to be the first victims to lose their writers. However, even in small markets, the MLB franchises themselves benefit immensely from well-written articles about their organizations. Mark Cuban pointed out last year that it is in the best interest of sports teams to keep the local coverage of their teams alive, since without it, their fans lose a vital connection to their teams. Cuban goes so far as to suggest that the teams form a "beatwriter co-operative" to fund coverage of their teams. Journalism purists may scoff at such a notion, fearing that funded reporters become merely corporate shills. But, in this era of growing transparency, anyone with a computer can easily point out if an emperor wears no clothes, so any reporter, whether on the MLB payroll or not, would think twice before squandering their hard-earned reputation on a questionable story.

That said, the costs of covering a baseball team should be plummeting. Baseball bloggers do a fine job of covering games by watching them on TV. Want an inside perspective on the game? More and more players are getting on twitter. Heck, sabermetric analysis of baseball games, popularized by Moneyball, does not even require that you ever go to a game (although, you're missing a lot if you don't). So, yes, even you can be a baseball writer, and perhaps that is what the BBWAA is really scared of.

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MLB Backs Down When Someone It Bullies Explains Fair Use To Them

from the well,-that's-better-than-the-alternative dept

For years now, Major League Baseball's online division, MLB.com, has been over aggressive in claiming ownership and control over anything associated with Major League Baseball -- even though court after court has told them they don't get to control everything. However, MLB just keeps on claiming ownership of things anyway, such as sending out various DMCA takedown notices to YouTube for any clip of baseball put up by anyone else. Larry Lessig has the story, though, of one fan who fought back and filed a detailed counterclaim about how his video was fair use and MLB was repeatedly abusing its power in damaging ways. Amazingly, not only did MLB relent, it featured the video it had just demanded get taken down on its own blog. To be honest, there's a chance that the two things are unrelated, and the blogger had no idea that the parent company's lawyers were trying to shut down the video -- but the story is a good reminder that if someone is overreaching in their takedown attempts, it can be effective to respond with a counternotice that clearly states the issues.

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MLB Threatens Guy Who Made A Cool iPhone App For Baseball Fans

from the there's-thick-headed-and-then-there's-mlb dept

It's really disappointing watching various sports leagues abuse intellectual property law over and over again. Perhaps the worst offender has been Major League Baseball. MLB wants people to think that it owns absolutely everything having to do with baseball, even though the courts have shot it down repeatedly. Even when it may be legally correct, its moves tend to do more to harm the game than to help it. It's as if MLB wants to keep shooting itself in the foot. The latest example was sent in by William Jackson, who points out that MLB is threatening the guy who made a neat Baseball app for the iPhone.

MLB has its own baseball app for the iPhone, which costs $5, that shows scores and highlights -- but this free app doesn't compete with that one. Instead, it's basically a baseball encyclopedia, allowing fans to look up all sorts of interesting historical stats and information. In other words, it's the sort of thing that helps fans feel even more connected to the game. So what does MLB do? It complains that the guy has the actual logos of Major League teams in the app. MLB argues that this is trademark infringement, but that's questionable. This is helping to promote those major league teams, not harm or dilute their brand in any way.

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Supreme Court Refuses To Hear Baseball Appeal; MLB Still Doesn't Get To Own Facts

from the good-news dept

Good news from the Supreme Court this week, as it has decided not to take up Major League Baseball's appeal over the question of whether it gets to "own" player names and stats. As you may recall, Major League Baseball had created a lucrative side business for itself "licensing" out player names and stats to fantasy baseball providers. This actually made them quite a bit of money, until one of those fantasy baseball companies put two and two together and realized that player names and statistics are public information and not subject to copyright (you can't copyright "facts"). MLB flipped out at the possibility of losing this revenue stream and sued, claiming ownership of all game data.

As MLB realized that claiming ownership of game data was never going to cut it in court, it changed the story somewhat, saying that it was really about the players' right of publicity, which also (somehow) included owning their stats. A district court quickly saw through this argument and told MLB that it had no case. Rather than admitting defeat (and recognizing that more widespread use of baseball info should bring more fans into the game), MLB appealed. The appeals court wasted little time in again telling MLB it had no case. But those folks at MLB are nothing if not stubborn. So, they asked the full appeals court to rehear the case and were turned down

So, again, rather than recognizing that perhaps all of these courts (and common sense) had a point, MLB appealed to the Supreme Court, who (as noted) turned them down. If you're keeping score at home (and, we're not claiming ownership of the score), that now makes 4 - 0 for the courts over MLB, and I think we've pretty much hit the 9th inning, as there are no more appeals. The only thing MLB can hope for now is for a different circuit to somehow (unlikely) come to a different conclusion and the Supreme Court to revisit the issue. But that seems about as likely as, say, the Seattle Mariners somehow coming back to win the World Series this year. Stranger things have happened, but not very often.

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Stephen Colbert Takes On MLB's Attempt To Bully Little Leaguers With Trademarks

from the trademark-isn't-ownership dept

For years, we've covered Major League Baseball's ridiculous attempts to falsely claim that it has ownership of different aspects of the sport. It's been on the losing side of court battles, repeatedly, but it just keeps pushing its luck. Earlier this year, we noted that MLB was bullying the Cape Cod League, which is considered the preeminent league where the best amateur kids get to compete against each other prior to the annual draft. The problem? The Cape Cod League had the temerity to buy uniforms from local providers, and to use (in just a few cases) names similar to major league teams, such as the Chatham A's and the Harwich Mariners. Of course, no one's going to confuse a team of amateur college players with the major league teams, but MLB demanded both a licensing fee and that the teams be required to buy from a much more expensive uniform supplier approved by MLB.

It appears that this was just the beginning. MLB is doing the same to an even younger group of kids: Little Leaguers in suburban Chicago -- where the teams have similar names, but very different logos (further clarifying the lack of connection). I'm sure taking away the names they recognize will really get those kids interested in the sport. This is, as per MLB's standards, incredibly shortsighted. MLB should be doing anything to build up fans -- and one way to do that is to get kids to really identify with major league teams and players -- and that means letting them use real names. I played Little League at that age, and kids are excited to play on teams with names similar to Major League teams. It certainly doesn't take away from MLB in any way.

Of course, now that the Little Leaguers are involved, this story caught the attention of Stephen Colbert, who decided to give his own, unique, spin on the story (if you're in an RSS reader, click through to see the video):

Some great lines from Colbert: "Those kids put trademarked names on their jerseys without paying. You know what we call that in this country? Theft!... You see, they don't want this kind of criminality sullying the good things about baseball. These kids aren't just stealing team names, they're ripping off all kinds of stuff from the majors. Where do these kids get the idea of using a mitt? Or wearing a cup?" He then goes on to take it to the logical extreme, explaining why the press should stop mentioned Major League Baseball altogether to avoid infringing.

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Media Companies Consider Suing MLB Over Reporting Restrictions

from the careful-with-that-antitrust-exemption dept

We've discussed how both Major League Baseball and the National Football League have convinced the press to live with restrictions on how they can report on games online. For rather obvious reasons, this seems troubling. While both are private organizations that can set up the terms by which they hand out press passes, you would think that the media, with its strong belief in a free press, would refuse to go along with any restrictions. The NY Times is now looking into the issue, noting that a big part of the problem is still that the leagues somehow think they "own" sports content. It also points out that part of the problem was in thinking that "video" is only done by television networks who pay tremendous sums for exclusive rights. So the leagues are afraid that reporters with camera phones will put those huge contracts in jeopardy.

However, hidden down towards the end of the article is one interesting tidbit. A bunch of big media companies are actively doing legal research in preparation for bringing these restrictions into court. Specifically, they're interested in targeting Major League Baseball -- which has a special exemption from antitrust law from Congress. The media companies may use these restrictions to suggest that MLB is abusing that right. While it would definitely make for an interesting lawsuit, it's still difficult to see how the activities are, by themselves, illegal. The team gets to decide who it gives out press passes too -- and that's where the restrictions come from. If the media refused to take press passes and reported on the team in other ways (including buying tickets to the game for reporters) then it could report however it wanted -- just with a lot less access. But if all the major media started boycotting the terms of access this way, you can bet that MLB and the NFL would back down quickly.

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Why Should Newspapers Agree To MLB's Rules On How They Can Report On Baseball Online?

from the no-need-to-compromise dept

Back in February, we noted that Major League Baseball (MLB) was following the NFL down the extremely slippery slope of putting in place restrictions concerning how reporters could report on baseball online. This included things like only very short video clips could be posted online, no more than 7 photos, and all non-text content had to be removed in 72-hours. If that all sounds like preventing reporters from doing their job, you'd be correct. As I suggested at the time, the answer should be for newspapers to simply ignore the rules and if MLB pulls their press passes to buy their reporters tickets to the games (rather than using press passes) or see how the teams feel without press coverage. While it appears that newspapers certainly were upset about these restrictions, rather than doing anything serious about it, they've apparently negotiated a "compromise." The compromise allows newspapers to now host more video and audio content than the original restrictions, but everything still needs to be removed within 72-hours unless there's a special exemption.

This is, of course, absolutely ridiculous. While it's perfectly legal (reporters don't need to get press passes, so the team can restrict them), it sets a tremendously bad precedent that journalists are allowing any outside control over how they can report on a game. This is all stemming from MLB's incorrect belief that it "owns" everything having to do with Major League Baseball -- and then wanting to artificially limit it so it can sell it to fans. Note that we're not just talking about actual game data here -- but interviews with the players that are conducted by the journalists. There's simply no legitimate reason why newspapers should allow MLB to dictate what it can do with that content or how it can report on it. All that this will do is serve to limit the kind of innovative reporting and community building that the MLB should be encouraging. It's a top down approach by an organization who thinks that only it can decide how people get access to news and info about the game. But it's going to stop newspapers from putting in place their own, perhaps more useful, services for fans, and that will only serve to limit the fanbase. It's upsetting that MLB would even try to do this and it's a travesty that newspapers acquiesced, even to the supposed "compromise" solution. It's opening the door to the MLB telling them what they can report on and any newspaper person should know better.

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Major League Baseball Bullying Amateur Baseball In Trademark Shakedown

from the ip-abuse-is-a-gateway-crime dept

Major League Baseball continues to push the boundaries of what it thinks it has the right to control. For years, it's been fighting a losing battle over the obviously false idea that it "owns" the stats and game descriptions of all major league games. Earlier this year, it began putting restrictions on how reporters could report on games. Reader Chris alerts us to its latest bullying effort, as it appears MLB still believes that it's free to control just about anything that even touches Major League Baseball. The Cape Cod Baseball League is basically the premiere showcase of amateur baseball talent each summer. It's where many of the best college players go to play to show off for scouts from major league teams -- but it's still an amateur event. Major League Baseball has donated about $100,000 to the Cape Cod League each year, but that's only a small percent of the league's $1.5 to $2 million operating budget (which itself is small, since much of the league is run by volunteers donating their time).

Yet, somehow, MLB thinks it owns the rights to things in the Cape Cod League and is demanding that the six (out of 10) teams in the league that use the names of Major League teams license the names -- including buying all uniforms and merchandise through MLB itself, rather than the local vendors who have always supplied the league. Even worse, those local vendors who normally sold the uniforms and merchandise to the league were big sponsors of the league. Cutting them off may mean lost sponsorship as well. Clearly, MLB now thinks that it has total control over any team that has a name similar to Major League team, despite the fact that no one is going to confuse the Chatham A's with the Oakland A's or the Harwich Mariners with the Seattle Mariners. This would appear to be yet another abuse of trademark, and hopefully the Cape Cod League finds a lawyer who can explain to Major League Baseball the moron in a hurry test to prove that there's no trademark violation. Hell, perhaps the moron in a hurry can be a pinch runner for one of the teams. I hear he's fast...

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Yet Again: Court Tells MLB It Doesn't Own Facts

from the just-let-people-play dept

After being smacked down multiple times by courts, Major League Baseball has continued to tilt at the windmill of copyright, claiming again that it owns the rights to players' names and stats and no one can use them without paying MLB a fee. The problem with this, of course, is that you cannot own facts. Despite the court pointing this out repeatedly, MLB's lawyers have continued to push the case forward. Kevin writes in to let us know that, once again, baseball has been smacked down, as an appeal to rehear the entire case has been denied by the appeals court meaning the only thing left to do is appeal to the Supreme Court. Given how much effort MLB has put into this lawsuit don't be surprised to see that appeal happen. However, it would be surprising if the Supreme Court actually took the case.

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MLB's Latest Efforts To Screw Fans: All That Content You Bought? Gone, Thanks To DRM Change

from the swing-and-a-miss dept

It's really amazing how far Major League Baseball goes towards pissing off its fans. From trying to limit fantasy sports by insisting that MLB owns facts, to deleting fan websites, to trying to stop fans from using a Sling Box to watch games, to the ridiculous blackout policies that stop fans from watching games, to the decision last year to prevent certain TV providers from showing Major League Baseball, it just seems like the sports actively tries to antagonize some of its biggest fans. The latest may be the most ridiculous. MLB.com was certainly a pioneer in offering video online, including the ability to purchase and download videos of games. Like so many content companies, MLB.com falsely believed that it needed to wrap the content in copy protection software. However, as read tijir alerts us to, the DRM that MLB chose involved having the content always check in with an MLB.com server to make sure it could be played. That's just dandy... until MLB.com changes its DRM provider and takes down the old authorization server. At that point all of the content everyone had purchased becomes totally useless. True to its fan-unfriendly nature, MLB.com's response has basically been "tough cookies." Specifically, a representative from MLB.com claims that since the products were "one-time sales" there are no refunds. Of course, if they were one-time sales... then why do they need to get approval from MLB.com every time they want to play? They're clearly not one-time sales. The sale was for a service -- which included regular authorization to play the content. MLB has now failed to live up to their end of the deal and should provide at least some kind of refund.

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Once Again (With Feeling!): Court Tells Major League Baseball It Does Not Own Facts

from the real-names,-here-we-go... dept

Major League Baseball has been tilting at windmills for years, claiming ownership of facts -- even though facts cannot be covered by copyright. This resulted in a lawsuit over whether or not companies that provide fantasy baseball services online needed to pay MLB for a license to use player's names and stats. While such licenses have been very lucrative for MLB over the years, one popular fantasy baseball company, CBC, decided to stop paying the license and keep offering the service -- which resulted in the lawsuit. It didn't take long for the courts to tell MLB that it doesn't own facts and anyone is free to use stats and player names. Of course, rather than realizing that fantasy baseball helps promote the real thing, bringing in a lot more money to the league, MLB could only focus on the short term licenses it was about to lose, and appealed. This was a waste of everyone's time, because the law is quite clear and an appeals court has now ruled (again) that Major League Baseball does not own the names and data associated with the game and anyone is free to use that factual information for other things, such as fantasy baseball games. It's highly likely that the folks at MLB will appeal again, though it's equally likely that they'll get smacked down again. MLB had shifted strategies as these cases wore on, trying to get away from focusing on ownership of facts and claiming it was more about the "right to publicity," but the appeals court ruled that a right to publicity does not trump the First Amendment.

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