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Throughout the NCAA college baseball regional tournaments, my local paper has live-blogged the games. It was nice to come home from the game, and go back through the live-blog to see how the press perceived the play I had seen in person. But when I got home from the super-regional today, there was no live-blog to scroll through.
It seems that, as of yesterday, the word came through that there would be NO live-blogging of NCAA games from the press box per NCAA regulations. They consider it "a live representation of the game” and all live representations of the games are the exclusive property of the NCAA’s official rights holders. Aaron Fitt of BaseBall America has some choice words on the issue.
It seems shortsighted to prohibit media outlets from giving college baseball as much quality coverage as possible, and arrogant for the NCAA to spurn those who wish to cover (and thus publicize) games just to appease its partners.
What’s worse, this decree didn’t come down until the day of the first super-regional games, when all media outlets have already planned their coverage. CSTV, for example, has devoted plenty of resources to send live bloggers to each regional site; now, on the day super-regionals begin, the NCAA is shutting them down. Michiaels reminded me that this isn’t a new policy. The NCAA has always had the right to prohibit blogging (live transmissions from the press box), but they’ve only now seen fit to enforce it.
Heaven forbid you might get to check out a sentence-an-inning recap from your local media, and thus deprive the NCAA or its broadcasting/internet affiliates of a hundredth-mil of revenue from site clicks. No! We must squeeze every last dime out of the commercialization of our amateur athletes. That is, after all, what college sports is all about.
Mr. Fitt is not the only one who finds this action downright picayune and counter-productive. It seems awfully small of the NCAA from this fan's point of view, and not likely to encourage greater coverage and viewership of college baseball. Quite the opposite.
i believe the fitting term is "petty"
It's petty. And as you point out it's just about impossible to buy into the rationale that this is somehow cutting into the bottom line.
But when it comes to bean counters and setting policy, I'm prone to assuming that pettiness is a virtue. Just a minute ago, i was reading about how the NFL's jerry Porter changed his number from 84 to 81, and the league sent him a bill for $210,000 for all the unsold Jerry Porter 84 jerseys. No word of if you get billed just for sucking or for retiring, or changing your name. Or who pays the tab if you get traded
Bottom line... a couple mopre cases where, just because you have a right to do something doesn't mean you are right to do it.
Hmm...on what legal ground?
I mean, I could understand stopping a live pod cast of some sort, but blog posts? It physically takes time to organize a thought and type it out and then send it through your blog posting software. Alright, it is differnt than a press report showing up in the next morning's paper, but really it is just a quicker way of publishing (in a different style its true.)
Someone should inform the NCAA that it is 2007 and not 1897.
Are they on solid legal
Are they on solid legal grounds? You bet. It is indeed a live representation of the game from the press box. Is it it downright petty (fits well) and small and even stupid? You bet! It's counter-productive as hell for building solid followings for the teams. College ball depends on local fans and alumni. Those are a hell of a lot easier to reach (and hold) through local media, and forcing fans to drill down through crowded and oft poorly-laid-out national web sites to find lousy live-blog coverage when it even exists is a market-killer, not a market-builder. All for that hundredth or thousandth or whatever of a cent per click-through they collect.
Now, I have no idea of the legal situation of someone in, say, the cheap seats using their Blackberry to live-blog the game...or someone standing right outside the fence...or someone blogging the game from broadcast.*
My team went down in 2 games, 1-0 yesterday in an awesome pitching duel, and 3-2 today in a truly boring game. (Except for when they tied it up, top of the ninth.) But I didn't expect them to win the regional this year, so I'm not whining when they got beat by an excellent team in two squeakers. Except that my Monday ticket is now just a souvenir.
And from now on the NCAA is pronounced Knot-Z-Double-A in my vocab. (I was already annoyed about the no-beer rule...)
[*--UPDATE: Now I have a much better grasp of it. If you live-blog from your seat at the stadium, you're probably violating the limited license on the back of your ticket, which you voluntarily agreed to by using the ticket. Their general recourse is whatever they say on the back of that ticket, in this case (from the back of my ticket) revoking that single-ticket license to attend the event. Another ticket, another license...buy a bunch, play cat and mouse!
If you stand outside the fence or sit in the sports bar and live-blog it by reporting the factual events as you observe them occuring, as long as you're not re-publishing their copyrighted materials, you're free to do as you like. First Amendment applies.]
I did some research on this once...
I had to explore who owned all the various rights to a college football game. I think the only legal basis they have for restricting this is the contract/license by which you are allowed to attend the game.
I've got to double-check to be sure, but I think if you can see the game from, say, a near-by high rise, you could simul-blog or even radio broadcast your very own play-by-play. The game itself is not something subject to copyright.
But like I say, I need to dig into the research again to see for sure.
sounds right...for now
That sounds about right. I think they're relying on the press box rules for enforcement right now, and could turn the screws to folks in the stands if they really wanted to try. So for example, you or I could live-blog a game we were watching on tv without punishment, and they probably would chase you down if you were doing it from the cheaps seats via a souped-up cell phone or whatever.
It'll be interesting to see what they try to do as technology gets better. I noticed the time I went to a live show, there were lots of prominent signs about no cell phones, cameras etc, but there were dozens and dozens of folks in the stands freely ignoring this, as you could see the little blue screen everywhere.My guess is folks were sending "wish you were here" photos to remote amigos everywhere.As better tech gets cheaper, people will start sending their own live broadcasts of games, broadcasts, etc. And there'll be a clampdown attempted. But it'll be hard to enforce.
It's not at all hard to imagine folks with little earclip phones and tiny cameras and unlimted service watching the games and reporting to their friends for most of the game...my guess is that such practices would be sternly frowned upon, and fans might start to get kicked out for this. They might even pass explicit rules to create clear authority to do this if current law is gray.
More specific gripe
The NCAA's own regs on the sale of media rights, emphasis and footnoting mine:
31.6.4.1 Awarding Media Rights.
Television, radio and film rights shall be awarded in such a manner as to advance most fully the following interests:
(a) Gate attendance;
Live-blogging is hardly going to reduce gate attendance. Fans who can be there, WILL be there.
(b) Promotion of interest in the sport;
As soon as I find the purported NCAA-approved live-blogging on ESPN or wherever, we'll know if it's as deathly dull as possible. Even the live-blogging of local fans is somewhat dull. Neither is likely to "promote interest," but to feed it.
(c) Promotion of intercollegiate athletics as a part of collegiate education; and
LMAO. Which better promotes intercollegiate athletics as a part of collegiate education? [a] local coverage by local sportswriters interested in the team, or [b] the gutless and near content-less almost-buried hidden capsule summaries released on the web site of a major cable sports network that treats collegiate sports as an afterthought, and otherwise focuses exclusively on the highly-profitable field of professional atheletics?
(d) Promotion of the Association and its purposes and fundamental policy.
Playing the Knot-Z-Double-A with local media live-blogging seems to be going in the opposite direction here, unless promoting yourself as an anti-local-team bully is the "promotion" you're aiming for!
The applicable NCAA regulations regarding internet media can be found here, if the link holds up. As they note, "...the rights cover all Internet representation of the NCAA championship events including live stats, live audio, live video, post-event footage use and online sales.
In other words, the "advancing of interests" evidenced is what we genteel folks refer to as steer manure. It has just about zip to do with [a] through [c] above, and everything to do with the first part of [d]. It's all about the money--and the monopoly.
So lets take a hypothetical....
...let us say a major news network puts on a presidential debate and they feel like saying "hey we own this and we claim exclusive broadcast rights to the event." Would they be able, legally, to demand poltical sites cease live blogging?
If not, why not? If so, we have to change the laws governing this.
I think the answer is no
Live blogging isn't itself live per se. You see it, you blog it, there's a delay. Minimal but real. Your reports are a post-happening abstraction of the event, not a real-time broadcast of it.
Once it happens and gets reported to you on the TV or whatever, I think the events are just simply facts that no one owns anymore.
But if you were to use a camera to relay a cable broadcast to a web site sao that other folks could watch it without paying for cable, that'd be infringement, because the licensed transmitter owns the braodcast images.
I really think in this case (the NCCA's no blog rule) that the operating principle is "our press box, our rules."
yep--maybe
I really think in this case (the NCCA's no blog rule) that the operating principle is "our press box, our rules."
I agree, though I've seen some coherent arguments about prior restraint today. The essence of it is that unless you enter into some voluntary agreement with the NCAA to do otherwise (such as signing that press-box-usage agreement) you have a First Amendment right to report factual events in any fashion you please, as long as you're not violating the copyright of the sanctioned broadcasts, etc. Which factual reporting of events does not.
Live blogging = Old time baseball boards
How does liveblogging differ from any of the online gamecasts where you can track pitch by pitch. Is the AP prohibited from sending out updates during the game?
Live Blogging is no different than the old baseball boards in the early 20th century outside of newspaper offices that depicted the game in semi-realtime usig wire service data.
However, I am not surprised. The NCAA has been consistently heavy handed all throughout its existence. This attitude led to the schools to revolt in Division I college football. Everything is revenue stream and the NCAA will sell the rights to anything for more money. Its the system of the day, though.