Did The FCC 'Rebroadcast Or Retransmit An Account' Of MLB Game On Twitter?

from the bogus-copyright-claims dept

You all know the routine. Towards the end of the sporting event you’re watching, one of the announcers will remind the audience that the sports league in question holds the copyright, and you can’t do a damn thing about it. It’s slightly different per league, but the NFL one reads: “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.” We wrote about that a few years back when law professor Wendy Seltzer posted a clip of just that NFL warning to show how the NFL was exaggerating its rights… and got a takedown notice. The MLB one is a bit different. It reads: “Any rebroadcast, retransmission, or account of this game, without the express written consent of Major League Baseball, is prohibited.” We wrote about that one because one guy asked MLB for permission to describe a game to his friend, and MLB wouldn’t give it. The FTC has been asked to stop sports leagues from making such overly broad (and legally misleading) claims, but hasn’t done anything.

I’m reminded about all of this because, as a part of the silly retransmission fight between Fox and Cablevision, where some viewers were blocked from seeing some of the MLB postseason games airing on Fox, apparently the FCC decided to make something of a statement on the issue by tweeting an ongoing account of one of the blacked out games, along with a link to its own consumer alert about the retransmission fight. Here’s an example tweet from the FCC’s official Twitter account:

Matt Cain relieved after 7 strong, 2 H, 0 ER. Giants scored on two singles, throwing error. SF up 3-0 top 9

Of course, this has some questioning whether or not the FCC just did a rebroadcast or retransmission of an account of the game without (one assumes) express written consent of Major League Baseball. Of course, MLB’s random attempts to enforce its bogus claims of ownership on data have all failed, and I’m sure it knows better than to take on the FCC in a losing cause, but it does a nice job of highlighting just how ridiculous the “warning” is from the MLB, and makes you wonder why the FTC doesn’t crack down on what appears to be copyfraud.

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Companies: fcc, mlb

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Comments on “Did The FCC 'Rebroadcast Or Retransmit An Account' Of MLB Game On Twitter?”

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17 Comments
Marcel de Jong (profile) says:

Re: Re: Well, those are just facts

I knew something was wrong with pro-sports… Now I know, it’s just as real as all those “non-scripted” reality shows.

Screenplay for a baseball match:

TEAM A at TEAM B’s stadium

Player X is on bat

Pitcher Y throws a fast ball

Player X misses

Referee: “STRIKE!”

[crowd boos]

Pitcher Y throws a curve ball.

Referee: “BALL!”

Pitcher Y throws another fast ball.

Player X connects and sends it flying out the park

[Crowd cheers]

Hulser (profile) says:

Stunt

First off, doesn’t it seem weird that a government agency pulls a stunt to “make something of a statement”? If they wanted to make a statement, couldn’t they just call a press conference? Sure, I think it’s kind of funny that they tweeted the facts of a MLB game, but it just seems on the petty side to me.

Secondly, the FCC shouldn’t care if some sporting events are blacked out as part of a contract negotiation. The only reason that it’s an issue in the first place is that we don’t have real competition in that space. If the FCC really wanted to help, they’d promote a system where people could just get their shows from another source instead of being held hostage to the single source.

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