basketball – Techdirt (original) (raw)

The NBA’s Next ‘TV’ Rights Contracts Are Going To Be Fascinating And Telling

from the ballin' dept

It’s a drum I’ve been beating for some time now: the only reason cord-cutting hasn’t led the traditional cable television market into full capitulation has been television rights for live sports broadcasts. While major sports leagues and college conferences have certainly been trending into the streaming market like the rest of traditional television, it’s typically been with baby steps. And, frankly, the fractured nature of the streaming market, with all kinds of niche streaming services jumping into the game, hasn’t helped push this faster either.

So, where is the market at for these broadcast rights for major sports? We’re about to find out, as the NBA is entering a period in which it can broadly negotiate these rights with whomever it desires.

On Monday at 11:59 p.m. ET, the exclusive financial negotiation window between the NBA, ESPN and TNT Sports will officially close, allowing league commissioner Adam Silver and his top lieutenants to talk specific contract details with other potential partners, which, besides Amazon and NBC, could include Google/YouTube, Netflix and Apple.

There will be at least three separate packages, which is the NBA’s preference, but the idea of four has not been ruled out, those briefed on the discussions said.

It will be the distribution of those deals that will be most interesting here. Keep in mind that, like the NFL, the teams themselves in the NBA often have their own local rights deals that will carry the majority of NBA games, but the national games are always a spotlight, particularly when it comes to the playoffs. So, of the three or four major deals that get signed for nationally televised games, will the emphasis be placed on the streaming market or traditional cable television.

It’s likely to be a combination of both. NBC, in particular, will be of interest, given that it can pair its traditional broadcast channel with its Peacock streaming services. Disney is in a similar place, being able to offer up ABC, ESPN and its streaming services, or Disney Plus. But that doesn’t mean that pure streaming services are out of the running.

The notion that a pure streamer, like Amazon, could have significant games, including conference finals and perhaps even the NBA Finals at some point over the life of a long-term deal is a possibility, according to executives briefed on the NBA’s discussions.

The NBA will broach the idea of partnering with ESPN, Amazon, Apple, Google/YouTube TV — maybe more than one of them — to potentially offer local games direct to consumers.

What’s important here is that the NBA smartly gave itself the full range of options on its licensing menu. In the last round of rights deals, the league organized it such that all of these rights agreements co-terminate after the ’25 season.

Meaning that whatever arrangement the league comes up with, it’s going to be a fascinating view into how a major professional sports league thinks about the streaming and cable television markets.

Filed Under: basketball, live streaming, sports, streaming, tv rights
Companies: nba

China's NBA Free Speech Debacle Turned Out To Be A Prelude To Its COVID-19 Denialism

from the free-speech-saves-lives dept

Since time is a concept with increasingly less meaning, you may have forgotten that it’s been only five months, not five years, since the NBA’s dustup with China over Houston Rockets GM Daryl Morey’s “Fight for freedom, stand with Hong Kong” tweet.

In response to that controversy, a number of business-conscious — to put it generously — major sports figures distanced themselves from Morey’s tweet. Some went so far as to suggest that it wasn’t their concern or responsibility to discuss human rights violations outside their own country.

At the time, these responses were clear examples of craven, self-serving statements from people who were more interested in preserving their investments than speaking honestly about human rights in a country in which they have major financial interests.

But given the current moment, it’s clear that they weren’t just wrong on the ethics of the situation. Because while there are many unknowns about COVID-19 — like when this nightmare will end — we do know this: China censored information about the outbreak, which helped accelerate its spread. Suddenly the chasm between American citizens and China’s silenced whistleblowers doesn’t seem so wide.

The Associated Press reported this week that China’s top leadership became aware that COVID-19 would likely be a pandemic in mid-January — and sat on that information for nearly a week. As early as December, China was censoring keywords about coronavirus on social media. Reporters Without Borders chronicled the impact China’s stranglehold on information had on the pandemic, from threatening doctors trying to warn the public to arresting whistleblowers for “false rumors.” Dr. Li Wenliang, who lost his life to coronavirus, has become a martyr in China, his experience a warning of both the seriousness of this pandemic and the cruelties of the Chinese government’s repression.

None of this absolves other governments of their failures to adequately respond to COVID-19. Every official, whether in China or the United States, is responsible for their own actions. But had China not censored vital information about a deadly pandemic and hid what it knew, its people could’ve been better prepared and slowed the spread of COVID-19. According to Zhong Nanshan, “one of China’s most highly regarded epidemiology experts and the leader of the National Health Commission’s task force on the epidemic,” if China had taken appropriate action early on, rather than obfuscate and censor, “the number of sick would have been greatly reduced.”

China’s citizens — and people across the globe — would have had more time to respond. Whether that time was or would have been utilized responsibly is another question.

Back in October, no one in the NBA could’ve known what awaited the world just a few short months later. But revisiting that debacle now casts into even sharper relief the disgrace of it all.

After Morey’s tweet, Golden State Warriors coach Steve Kerr stated: “None of us are perfect and we all have different issues that we have to get to and saying that is my right as an American…The world is a complex place and there’s more gray than black and white.” Suggesting Morey wasn’t “educated” on the situation, LeBron James warned that, even though we have freedom of speech, we should “be careful” about what we say.

And the NFL’s Jacksonville Jaguars owner Shad Khan said, “I want to have an opinion in America, there’s a civic duty to engage and do the right thing, but having an opinion on sovereign matters in other countries, it’s for those people to decide,” and concluded that “you have to respect the norms” of China. (Khan’s comments were particularly baffling given that many Chinese people have faced extreme consequences for “having an opinion on sovereign matters.”)

Shaquille O’Neal was one of the few to get it right. Shaq stressed the right to free speech, and added: “Whenever you see something wrong going on anywhere in the world, you should have the right to say ‘that’s not right,’ and that’s what [Morey] did.”

We should care about Uighur prison camps, forced disappearances, crackdowns in Hong Kong, suppression in Tibet, censorship of women’s rights activists, the Great Firewall, and mass surveillance simply because caring about human suffering is the right thing to do, regardless of its proximity to us.

But if basic morality doesn’t persuade us, maybe our current situation will. Censorship in China may seem like a faraway problem, but its effects will be felt globally for a long time to come. If that doesn’t convince us to care, it’s not clear what will.

Sarah McLaughlin is Director of Targeted Advocacy at the Foundation for Individual Rights in Education. The views expressed here are her own.

Filed Under: basketball, censorship, china, covid-19, free speech
Companies: nba

Court Manages To Get NBA2K Tattoo Copyright, Trademark Case Exactly Right

from the he-shoots-he-scores dept

Somehow, it’s been nearly four years since a tattoo company, Solid Oak Sketches, decided to sue 2K Sports, the studio behind the renowned NBA 2K franchise, claiming that the game’s faithful representation of several stars’ tattoos was copyright infringement. The company claimed to own the copyright on the design of several players’ tattoos, including most famously LeBron James, Kobe Bryant, and DeAndre Jordan. The claim in the suit was that 2K’s faithful depiction of the players, whom had collectively licensed their likenesses via the NBAPA, somehow violated Solid Oak’s IP rights.

Put another way, it could be said that by branding the player with Solid Oak’s designs, the company seems to think it can control the players’ ability to profit off of their own likenesses. That this draws the mind to very uncomfortable historical parallels apparently was of no issue to Solid Oak.

Well, while 2K Sports failed to get the court to dismiss the case back in 2018, it has more recently won the case on summary judgement, with the court quite helpfully getting everything right and declaring the depiction of tattoos in video games in this manner to be Fair Use.

The defendants have sought to dismiss the plaintiff’s complaint because “Plaintiff cannot prove its claim because Defendants’ use of the Tattoos is de minimis and Plaintiff is this unable to prove the key substantial similarity element of its cause of action.” They state their use of the tattoos and images “was pursuant to implied authorization granted prior to Plaintiff’s acquisition of any rights in the Tattoos.”

The court has granted the summary judgment dismissing the infringement claim because “no reasonable trier of fact could find the Tattoos as they appear in NBA 2K to be substantially similar to the Tattoo designs licensed to Solid Oak.” Additionally, the tattoos “only appear on the players upon whom they are inked, which is just three out of over 400 players.” Therefore, the odds are against one of those Players with their tattoos being selected. Additionally, because Defendants had a license for the game, they had implied license for the tattoos as part of the players’ likeness and the Players allowed Defendants to use their likeness.

The full filing, embedded below, goes into far more detail. And, frankly, it’s quite nice to see a court get this so right. It’s clear the court in this case took care and time to go through the material brought by both parties and carefully weigh the claims against Fair Use. Given such careful examination, the conclusions were fairly obvious. In addition to the rationale above, the court notes that the tattoo artists in this case, despite claiming copyright infringement for the de minimis reproduction of tattoos in the game, couldn’t even reproduce them themselves given the likeness rights of the players.

Solid Oak has neither licensed the Tattoo designs nor sold merchandise depicting the Tattoos. (Def. 56.1 ¶¶ 107-08.) Solid Oak’s owner, Matthew Siegler, testified that he would “need permission from the players . . . to not infringe on their right of publicity,” in order to move forward with a business selling “dry wick apparel” bearing the Players’ tattoos. (Cendali Decl., Ex. A at 389.) Solid Oak does not have a license to use the Players’ publicity or trademark rights. (Def 56.1 ¶ 102.) Solid Oak has not proffered any evidence indicating that it has a prospect of obtaining such rights.

And so ends one of the most annoying video game IP lawsuits of all time. The shame of it, really, is that it took the system four years to reach the only logical conclusion: someone getting a tattoo doesn’t somehow destroy their ability to profit off of their own likeness.

Filed Under: basketball, copyright, deandre jordan, fair use, kobe bryant, lebron james, nba 2k, tattoos, video games
Companies: 2k sports, solid oak sketches

Adam Silver Reveals The Chinese Government Asked Him To Fire Daryl Morey

from the thinning-skinning dept

We’ve been taken on something of a journey over the past several weeks by China and their thin-skinned government’s attempt to pressure everyone into forgetting that Hong Kong exists. Specifically, it seems that Beijing is quite afraid of any person with a platform showing any support for the ongoing protests in Hong Kong, which much of the world sees as an attempt to stave off an authoritarian government with a history of human rights abuses. While much of the eSports gaming world has taken the cowardly step to self-censor — going so far as to punish those competing in a fairly hamfisted manner — there is also this NBA…thing.

That front of this Orwellian war began when Daryl Morey, GM of the Houston Rockets, tweeted fairly benign support for the protests. The Rockets are quite popular in China, as is the NBA, and China took an opportunity to ape extreme offense at Morey’s tweet. This, despite the fact that Twitter is effectively banned and blocked on the Chinese mainland. Despite that fact, the NBA first made unfortunate noises in apologizing to the Chinese government, before Commissioner Adam Silver eventually walked that back after a public backlash. Silver instead came out in support of players and team officials speaking their minds and attempted to retrieve the NBA’s one-time position as one of the most progressive and “woke” professional sports leagues in America.

It seems that Beijing really wasn’t playing around, however, as Silver revealed in a recent interview that China actually asked him to fire Morey.

In case you cannot watch the video, Silver revealed that China asked him to fire Morey and that he refused. He then went on to note that his recent trip to China in the wake of this controversy was conducted at least in part to give Beijing a firm understanding that his league would not again kneel at the altar of their ginned up hurt feelings. The Deadspin rightly calls this what it is: domestic damage control.

“These American values—we are an American business—travel with us wherever we go,” Silver said. “And one of those values is free expression. We wanted to make sure that everyone understood we were supporting free expression.”

Silver does deserve credit for not firing Morey on the spot, and the NBA certainly has caught more flak despite doing less to mollify China than the scores of other, larger companies who have happily rolled over and shown the Chinese government their bellies. Today’s comments are damage control—not with the Chinese officials he has been dealing with for a week now, but with American fans who are pissed at the league and its most prominent player for playing China’s game.

Indeed. And, while it can be difficult for a money-making organization to show some spine against an adversary wielding the world’s second largest economy, stories like this are evidence for exactly what will happen if lines in the sand are not drawn. China, and authoritarian regimes, will demand more and more influence over American companies that should at least pretend to have American values.

Is the NBA some knight on a white horse here? Hell no. But the NBA’s reaction to public pressure in America is certainly something that would be welcome in the eSports industry.

Filed Under: adam silver, basketball, censorship, china, daryl morey, free speech, hong kong, protests
Companies: nba

Thin-Skinned Chinese Government Busy Making American Sports Orgs Look Silly On Free Speech Issues

from the villains-of-the-storm dept

It’s no secret that the Chinese government is no friend to free speech. While that statement must seem painfully obvious, the entire world is getting an education into just how thin-skinned Beijing is with the ongoing protests in Hong Kong. While those protesters are chiefly demonstrating for their own civil rights, the Chinese government has apparently made it its business to police the rest of the world’s speech while holding the second largest economy on the planet as a hostage to its own hurt feelings.

And American sporting companies are failing this values test. And failing it badly. We’ll start with the NBA. Days ago, Daryl Morey, the GM for the Houston Rockets, tweeted out an image that included the text, “Fight for freedom, Stand with Hong Kong.” It’s the kind of thing literally anyone could have sent, except that the NBA, and the Rockets in particular, are insanely popular in China. Much of that has to do with Yao Ming having played for the Rockets years ago. Ming now runs the Chinese Basketball Association.

The reaction to all of this was swift. The CBA cut ties with the Rockets. Chinese broadcasters announced they would no longer broadcast NBA pre-season games. A pre-season game that is supposed to be played in China in mere days is up in the air as to whether the game will even be played. And Chinese run media ran with it all, with one article stating:

Daryl Morey, general manager of the NBA team the Houston Rockets, has obviously gotten himself into trouble. He tweeted a photo saying “fight for freedom, stand with Hong Kong” on Saturday while accompanying his team in Tokyo. The tweet soon set the team’s Chinese fans ablaze. It can be imagined how Morey’s tweet made them disappointed and furious. Shortly afterward, CCTV sports channel and Tencent sports channel both announced they would suspend broadcasting Rockets’ games. Some of the team’s Chinese sponsors and business partners also started to suspend cooperation with the Rockets.

Here’s the thing: Twitter isn’t officially available in China. It’s therefore tough to understand just how these Chinese fans became “ablaze” and “furious” without ever being able to see the tweet, had the Chinese government not decided to feed this whole thing through its well-developed outrage machine. Between that and the simple fact that Morey’s tweet was about as anodyne as one could be on the topic of Hong Kong, you would have thought the NBA would be willing to show at least a little spine. Instead, it issued an apology for offending its Chinese fans, while Morey deleted the tweet entirely.

The NBA issued a statement in English on Sunday, saying it was “regrettable” that Morey’s tweet “deeply offended” legions of Chinese fans.

There are reports that the Chinese version of the apology went much, much further in its groveling. This set off a public firestorm in America and elsewhere, with the NBA appearing to bow at the altar of Beijing’s manufactured hurt feelings. It got bad enough that Commissioner Adam Silver finally came out and issued the statement he should have issued to begin with.

Values of equality, respect and freedom of expression have long defined the NBA — and will continue to do so. As an American-based basketball league operating globally, among our greatest contributions are these values of the game¬

It is inevitable that people around the world — including from America and China — will have different viewpoints over different issues. It is not the role of the NBA to adjudicate those differences. However, the NBA will not put itself in a position of regulating what players, employees and team owners say or will not say on these issues. We simply could not operate that way.

The statement led to even more backlash from China, with sponsorships being pulled, and the broadcast and hosting of NBA games now in serious perpetual doubt. Still, it’s worth noting that it took a severe public backlash to get the NBA to the proper stance, in which it protects and backs the speech rights of its employees.

Whereas Blizzard fully rolled over for Beijing when it yanked the prize money and banned a professional Hearthstone player for making statements similar to Morey’s.

Chung “Blitzchung” Ng Wai, a pro Hearthstone player from Hong Kong, ended a stream earlier this week with a statement of support for those engaged in months-long protests against local police and government. As a result of this, Blizzard has ruled that he violated competition rules, and have handed out a heavy punishment.

In the stream, part of the broadcast of the Asia-Pacific Grandmasters, Blitzchung wore a mask (similar to those worn by protesters) and said “Liberate Hong Kong. Revolution of our age!”

As with the NBA, the Chinese government complained. Unlike the NBA, however, Blizzard seems to have permanently misplaced its spine. The company claimed that the official competition rules were violated, specifically:

Engaging in any act that, in Blizzard’s sole discretion, brings you into public disrepute, offends a portion or group of the public, or otherwise damages Blizzard image will result in removal from Grandmasters and reduction of the player’s prize total to $0 USD, in addition to other remedies which may be provided for under the Handbook and Blizzard’s Website Terms.

It feels easy to argue that Blizzard’s “sole discretion” has been severely miscalculated. The rather tame voice of support by Blitzchung for Hong Kong protests are absolutely the sort of thing the thin-skinned Chinese government deems a problem, but that same analysis should not be reached by an American company. Banning and taking prize money from the competitor in this way is about as stupid as it gets. For one, the American market is important to Blizzard as well, and this sure as hell is not going to play well here. For another, the precedent has now been etched into stone and you can bank that the Chinese government, and others, will see just how far they can slam open this door that Blizzard decided to crack.

It would be better if Blizzard, now as much an eSports company as anything else, along with the NBA, could simply stand up for some basic civil rights and values. Money is good, sure. But selling your soul to an authoritarian government doesn’t seem like a good long term strategy.

Filed Under: basketball, blitzchung, china, daryl morey, free speech, hearthstone, hong kong, sports
Companies: blizzard, houston rockets, nba

Monster Energy Loses Again, This Time To The NBA

from the losing-streak dept

Longtime readers here at Techdirt will be familiar with Monster Energy’s trademark bullying ways, but even relative newcomers will have had the opportunity to witness what has become an impressive losing streak in trademark disputes. This comes with the bullying territory, where the quick trigger finger on the threat letters and oppositions means that many of them are going to be losers. Still, one would think the sheer volume of these cases would mean quite a bit of billable hours going to the legal team that certainly could be spent better elsewhere.

But the losses keep coming. Monster Energy recently lost an opposition filed by the NBA for the Toronto Raptors team imagery in Singapore, of all places.

Monster Energy argued that the Toronto Raptors logo is too similar to its “claw device mark”, and consumers would likely confuse Monster’s three vertical slashes with the NBA Toronto Raptors’ circular logo of a basketball with three horizontal raptor claw marks out of it.

Here are the images Monster Energy said would cause confusion in the public.

Confused yet? No, of course you’re not. Now, Monster Energy and the Toronto Raptors both have a lengthy roster of variations of these images and branding, but absolutely none of them come remotely close to resembling one another and, even any of them did, there is still no chance for actual confusion in the public about any of this. Fortunately, the adjudicator of the opposition agreed.

The adjudicator presiding over the case said: “[The] mere similarity in the subject matter of the competing marks (for example the three-pronged claw-shaped devices with jagged edges) was not sufficient to establish visual similarity for the purposes of opposing the registration of a trademark.” The adjudicator went on to add that consumer knowledge of both brands would mean that confusion would not occur.

I get that bullies are gonna bully, but I still fail to see how any of this has been productive for Monster Energy as of late.

Filed Under: basketball, energy drinks, monster, singapore, trademark
Companies: monster energy, nba, toronto raptors

A Twitter Leak Scuttled An NBA Draft Day Trade This Year

from the the-power-of-tweet dept

It’s probably well known at this point that major professional sports leagues have a strange relationship with Twitter. On the one hand, many leagues use the social media site quite well when it comes to sharing highlights and getting their brands out there in front of people. Major League Baseball is particularly good at this, although the NBA is not terribly far behind. On the other hand, these leagues have been known to adopt quite restrictive policies when it comes to who can share what on Twitter. This is especially the case on league draft days. For instance, the NFL insists that its broadcast partners, such as ESPN and the NFL Network, not allow their journalists to tweet out draft picks on draft day before they are announced on television. The league obviously wants as many eyeballs tuned into the drama on television as it can muster and has theorized that making TV the first place to get draft picks announced will help with that.

For anyone that follows sports on Twitter, this is obviously a very, very stupid theory. Many sports journalists are not working for ESPN and NFL Network, and they quite happily inform followers of draft picks before they are announced based on their sources. This is how journalism works.

But it was probably a unique event at the NBA draft the other night that a Twitter scoop actually caused one NBA team to back out of an agreed-upon trade.

Atlanta Hawks GM Travis Schlenk told San Francisco radio station 95.7 The Game this morning that he had a deal in place with the Milwaukee Bucks to move up from the 19th pick to the 17th. The Hawks knew they wanted one of two players—including Maryland shooting guard Kevin Huerter—and were sufficiently convinced that the Bucks and the Spurs (at 18) would take the two guys. So they were prepared to part with future picks in order to move up two spots and get one of their guys.

However, Schlenk said that the deal became unnecessary because Shams Charania reported that the Bucks were going to take Donte DiVincenzo, who was, apparently, not one of the two they wanted. Pick tipping is not just helpful for fans, it turns out.

My first reaction is Schlenk is good at his job, having his team monitor Twitter for this kind of intel. If sources are willing to share another team’s intentions on draft night with a journalist who is all too happy to tweet that information out, it only makes sense for Schlenk to want to slurp that information up and let it inform his draft day choices.

But my second reaction is one of worry that the NBA will catch wind of this and absolutely freak the hell out. Leagues as big as the NBA almost can’t help themselves when it comes to this kind of thing. The idea that a trade was scuttled due to great reporting and the tipping of a pick almost certainly isn’t going to sit well with Commissioner Adam Silver and it feels quite impossible that no action over this will be taken by the league.

If the end result is the NBA trying to lock things down a la the NFL, that would be unfortunate and ultimately ineffective. If they take the much more likely action of trying to cut off access to sports journalists from teams on draft day, that would be worse for fans, for its teams, and for its own marketability. Here’s hoping Silver, who is relatively forward-thinking, keeps a cooler head than I fear.

Filed Under: basketball, draft, information, nba draft, travis schlenk, tweets
Companies: nba

Take-Two Fails To Get NBA2K Tattoo Copyright Lawsuit Dismissed

from the written-in-ink dept

I’ll forgive you since it’s been two years, but hopefully you will remember our posts about a crazy copyright lawsuit back in early 2016 between a company called Solid Oak Sketches and Take-Two Software. At issue were Take-Two’s faithful depictions of several NBA stars in its NBA 2K series of games, including LeBron James and Kobe Bryant. The problem is that Solid Oak claims to have copyrights on several tattoos appearing on the skin of these players, all of which show up in the images of the game. Of course, Take-Two negotiates the rights for player likenesses with the NBA Players Association, meaning this lawsuit has the odd smell of a third party bickering over branded cattle. While Solid Oak is asking for $1.2 million in damages, Take-Two has pointed out that these sorts of statutory damages shouldn’t apply as the company only registered its copyrights in 2015. This fact leads a reasonable observer to wonder why the copyrights weren’t registered much earlier, were Take-Two’s use so injurious.

That question is of course tangent to the most central concern of why in the world any of this isn’t obvious fair use? Take-Two has First Amendment rights, after all, and its use of the eight tattoos in each iteration of the game is a hilariously small portion of each work. On top of that, the whole enterprise of the game is to faithfully depict reality with regards to each player whose likeness it has properly licensed through the NBAPA. None of this should strike anybody as a million dollars worth of copyright infringement.

And, yet, a court recently refused to grant Take-Two’s petition to dismiss the case, allowing this mess to proceed.

“While Defendants contend that the Tattoos in NBA2K are ‘observable only fleetingly’; ‘displayed only briefly’; ‘a small part of the graphical display’ when displayed; ‘sometimes obscured by other graphics’; ‘not displayed prominently’; and ‘sometimes displayed out of focus,’ Plaintiff denies each and every one of these characterizations of the Tattoos. Instead, Plaintiff contends that, if an NBA2K player selects Messrs. James, Martin and Bledsoe in a given game or series of games, or ’employs the broad range of the video game’s features to focus, angle the camera on, or make the subject tattoos more prominent,’ ‘the overall observability of the subject tattoos can be fairly significant.’ Thus, it is difficult to determine whether the substantial similarity is apparent to the ‘average lay observer,’ if what he or she is observing varies in each iteration of the game.”

I own several of these games and can attest that the observability of any tattoos on any player within them are fleeting at best. The whole point of the game is to be an action-packed basketball experience from a viewpoint of most of, or the entire, basketball court. Picking out individual tattoos is rarely possible other than in manual instant replay. And, sure, some players might use that replay feature, but not regularly and not as part of regular play. This smacks of a judge that needs only to be sat in front of a television or computer screen to see the game in operation in order to have reached the proper and opposite conclusion.

But Take-Two also made a First Amendment claim, arguing, as I did above, that granting tattoo artists the rights Solid Oak is claiming would be to allow tattoo artists to trump the likeness rights of a natural person. If that doesn’t strike you as plainly insane, it should. Yet the judge apparently considered all of this a question of visual accuracy and therefore denied the fair use defense.

“Because of the difficulties inherent in conducting a side-by-side comparison of the video game and the Tattoos, further evidence must be considered in connection with the fact-intensive question of the applicability of the fair use defense. As the differences between the Tattoos and Defendants’ use in the video cannot be resolved with assurance on a visual comparison of the works alone, Defendants’ fair use of the Tattoos is not so clearly established on the face of the [SAC] as to support dismissal.”

To be fair to the judge, often times the court is wary of dismissing early on in the trial process over fair use defenses that aren’t on very, very solid ground. That may be what is going on here. But if it is, this seems to be chiefly an issue of calibration, because Take-Two’s fair use claims are very strong, and the implications of Solid Oak succeeding in its lawsuit are both not in the original interests of copyright law and plainly horrifying when it comes to public persons and their ability to trade off of their own likenesses.

Hopefully a jury will be more grounded than the court.

Filed Under: basketball, copyright, fair use, kobe bryant, lebron james, tattoos, video games
Companies: solid oak sketches, take two software

Half Of NBA Teams Jump Into The NBA's New eSports NBA2K League, FIFA League To Start Soon

from the one-giant-step dept

With eSports exploding into a legitimate spectator event, both for in-person viewership and televised events, it was only a matter of time before professional sports leagues got in on the act. As it has been on so many things, the NBA became the first American league to announce it was creating its own eSports league, partnering with Take-Two Interactive and its NBA2K series to power its sponsored competition. When commissioner Adam Silver announced all of this in February, however, he was speaking for the league, but not the individual teams that make up that league. Asked at the time what he expected the participation level to be from individual teams, he said he expected about half to jump into this.

It turns out that projection was pretty much spot on, as 17 NBA teams ave officially agreed to participate in the league, lending their jerseys and branding to the games. Also released were some details about how the league will operate and how the games will be conducted.

The league will draft teams of five players to compete in a five-month season, which will mirror the NBA with a regular season, bracketed playoffs, and a final championship match to wrap it all up. Players will create their own avatars for competition, so no one will be using avatars of the recognizable basketball stars that appear in NBA 2K, like LeBron James or Kyrie Irving.

The Chicago Bulls are not among the teams participating, because the universe hates me and takes every opportunity to make me unhappy. That aside, the NBA’s monopoly on a pro-league-backed eSports league will be short lived. In Europe, a FIFA eSports league is already in the works, with several European clubs buying in.

Netherlands’ Eredivisie, the country’s highest soccer league, will launch its own esports league, the organization announced earlier today. All 18 clubs, among them the “Big Three” (Ajax Amsterdam, PSV Eindhoven, and Feyenoord) will participate in the league. The “E-Divisie” launched in association with EA SPORTS and Endemol Shine Netherlands, a TV production company.

You should expect the other major pro sports leagues to follow suit very, very quickly. As eSports begins to stretch its legs and expand its reach, these leagues are going to want to get in on what the NBA and soccer clubs are doing. And with major broadcast partners like ESPN bringing the product to the market, hopefully with all the polish and production one would expect of them, it’s likely eSports growing popularity is about to explode.

Filed Under: basketball, esports, nba2k
Companies: fifa, nba

The NBA Announces Plan To Start Its Own eSports NBA League

from the this-just-got-real dept

eSports has been a thing for some time now. While competitive video gaming was once relegated to some minor tournaments incorporating a few games held in a couple of countries in Asia, eSports has evolved into a wider industry. You can track the progress of it all by its reaching certain checkpoints: viewership numbers that look like those of real-life sporting events, the introduction of college scholarships for eAthletes, and eSports coverage appearing on national broadcasts from the likes of ESPN. The trend line for this has only moved in one direction. And now that appears to be continuing with professional sports leagues getting in on the action.

The latest in this is the National Basketball Association’s announcement that it will be partnering with Take-Two Interactive to start its own eSports basketball league.

Today, the National Basketball Association announced plans to partner with publisher Take-Two Interactive for an official NBA 2K esports league, which led NBA commissioner Adam Silver to deliver this fantastic quote to the Wall Street Journal: “Think of eBulls against the eKnicks.”

The way this will work should be exactly as I imagined it would when I began playing the single player versions of sports games half a decade ago. And I’m sure many others considered how this might happen as well. Individual gamers would control individual custom players within an official league. It’s like playing the MyPlayer version of the NBA2K series, except that you’re playing in a league consisting of nothing but MyPlayers and competing online for teams, which might have their own owners, pay structures, etc.

The league, Silver explained, will operate just like the NBA: It’ll have a regular season, a playoff bracket, and a finals matchup. Teams of five players, each with his (or her?) own custom NBA 2K characters, will compete in a five-month season that starts in 2018. There’ll even be a draft, Silver said, although he also noted to the Wall Street Journal that none of the 30 NBA teams have fully committed to this esports league yet. (He expects around half of them to participate in the first year.)

It’s not hard to imagine how this could balloon from this starting point. Owners of eSports NBA franchises might in the future fill a 12-man roster with gamers in this manner. They might hire coaches, fill out budgets for general managers that will be responsible for drafting and signing eAthletes, etc. It would be an eSports league that would mirror the real life sports league in most ways. The concept sounds really fun, though it remains to be seen how many NBA teams want to get on board.

What is clear, though, is that eSports isn’t some fad ready to flame out quickly.

Filed Under: basketball, esports
Companies: nba