lockout – Techdirt (original) (raw)

Stories filed under: "lockout"

What MLB May Need To Do After It Stops Its Player Lockout Bullshit

from the you-need-the-fans dept

If you’re not a sports fan, or not an American, you may not be aware that there is currently an owner’s lockout occurring in Major League Baseball. We’ve talked a bit in the past about some of the bullshit MLB is pulling with all of this, namely its decision to strip out all references to current players from its website. But in those discussions we never really got into what this lockout is or why it’s occurring. Let me give you a quick primer.

For starters, this is not a player strike. Ownership and players are currently negotiating a new collective bargaining agreement (CBA). The owners locked the players out of MLB facilities in December, claiming it did so as a defensive measure. This simply is not true. There was nothing in the pervious CBA that required a lockout once that CBA expired. MLB could have gone on with its normal schedule this year while it continued to negotiate a new CBA. Instead, MLB has imposed artificial deadline after artificial deadline and then blamed the players for not giving in to its bad-faith negotiations. MLB recently announced that the start of the season would be delayed and the games not played would simply be lost, again blaming the players for this. That isn’t true. MLB is choosing unilaterally to cancel MLB games.

You may or may not care about any of this. Where this crosses over into Techdirt territory, however, is what is going to happen when an inevitable deal is reached and games resume. Why? Well, if the last prolonged work stoppage in MLB is any indication, teams will likely resume play with diminished attendance in the stands and viewership numbers down for teams across the board. Baseball fans will be very, very angry about all of this and the reprecussions of the lockout have the potential to be felt for years.

So what should MLB prepare to do to claw back as many of those fans as possible once games resume? Many of the things that it should have been doing to grow the game all along, except that this time they might have not choice:

Noticing a theme? MLB appears to really enjoy battling with everyone and everything, especially on the internet. This stands in stark contrast to what the other professional leagues are doing. Hell, MLB doesn’t seem to understand that my Twitter timeline is overflowing with amazing NFL and NBA clips from games, all by fans out in the wild and all of them driving my and others’ interests in these games. That’s what gets you to turn on the television or buy a ticket these days.

And MLB is going to need to do something to claw back fans when this all ends. Because the public in general knows this is an ownership lockout and are most certainly not blaming the players for this.

Filed Under: baseball, blackout rules, fair use, fans, lockout
Companies: mlb

If MLB Thought Its Website Shenanigans Would Intimidate MLB Players, That Plan Has Backfired

from the swing-and-a-miss dept

We had just discussed some actions Major League Baseball has taken on its MLB.com website which is either fallout from the labor lockout currently going on or MLB playing leverage games with players, depending on your perspective. Essentially, MLB scrubbed most of its website, particularly on the home and “news” pages, of references to any current players. Instead, those pages are full of stories about retired players, candidates for the Hall of Fame, and that sort of thing. In the tabs for the current rosters, the site still has all of the names of players listed, but has replaced each and every player headshot with a stock image of a silhouette. MLB says it was doing this to ensure that no player “likenesses or images” are considered in use for commerce or advertising… but that doesn’t make much sense. The names are still there and this specific section is a factual representation of current team rosters.

Instead, this appears to be a small part of a strong-arming tactic, in which MLB is flexing its ability to scrub its and individual team sites of information and, in this case, pictures of players. But if MLB thought that it was going to cause the players any real pain by removing those headshots from the site, well, many players went ahead and proved on Twitter that, well, not so much.

A bunch of players, including [Noah] Syndergaard, joined in on the fun by using their new headshot as a Twitter avatar.

It’s way more widespread than that. Players all over Twitter and elsewhere took to replacing their own social media avatars with the silhouette “headshot”. It became very clear that the players were simply poking MLB in the eye, despite the league trying to punish players over these labor negotiations.

Which is yet another PR hit to the league. It’s worth keeping in mind that this is not a player strike; it is a owners lockout. That becomes very important in the wake of the last labor stoppage MLB had, which was the disastrous players strike in 1994. Because that was a player strike, the public very much blamed the players for the loss of an MLB season. That’s not the case here, where the owners are crying poor to the players union while also spending millions and millions of dollars to gobble up free agents just before the previous CBA expired.

With labor issues like this in professional sports, optics is everything. MLB only recovered from the last stoppage thanks to a steroid-driven homerun race between Sammy Sosa and Mark McGuire, among others. You can damn well bet that the league doesn’t want anything remotely like that to happen again, which means it can’t let the public’s anger get out of control.

And a few days in, having the players publicly mocking MLB’s tactics on a platform designed to engage directly with the public and fans is not a good start if the league expects to have any of the sentiment out there falling in its favor.

Filed Under: baseball, cba, labor, lockout, photos, rosters, website
Companies: mlb

MLB Removes References To Current Players On MLB.com Due To Lockout

from the take-this! dept

Whether you’re a baseball fan, or a sports fan in general, or not, regular readers here will know that we’ve covered aspects of many sports leagues and Major League Baseball in particular. As you’d expect with any major business like MLB, some of those posts have dealt with some nonsense intellectual property actions the league has undertaken, but many more of them have been positive articles about the forward-thinking folks at MLB when it comes to how they make their products available using modern technology. The league’s website work has always been particularly good, whether it’s been the fantastic MLB.TV streaming site the league operates, or even simply the base MLB.com site itself.

But that latter site has now become a petty pawn being played by MLB as part of the owner’s lockout of players that just kicked off. For non-MLB fans, the quick version is this: the collectively bargained labor agreement between owners and players expired this week without a new agreement inked. As a result, the players are now locked out of team facilities by ownership. That last bit is important, because many people have been describing this as a labor strike. It isn’t. At all. This is the owners refusing to let the players fulfill their duties. And as part of that, it seems, MLB released the following news update on its MLB.com website.

You may notice that the content on this site looks a little different than usual. The reason for this is because the Collective Bargaining Agreement between the players and the league expired just before midnight on Dec. 1 and a new CBA is currently being negotiated between the owners and the MLBPA.

Until a new agreement is reached, there will be limitations on the type of content we display. As a result, you will see a lot more content that focuses on the game’s rich history. Once a new agreement is reached, the up-to-the minute news and analysis you have come to expect will continue as usual.

It’s unclear precisely what game MLB is playing with this move, but the end result is a website that is almost entirely bereft of content on any current MLB player. While the stats and standings from last season are still available in their tabs, the entire main page is now filled only with content about players no longer playing. Players that are on this year’s Hall of Fame ballot, for instance, or check ins with Ichiro showing up at a high school to hit home runs. Interested in Vin Scully’s thoughts on Gil Hodges? MLB.com has you covered! Want to know anything new about Kris Bryant or Mike Trout? You’ll have to go elsewhere.

The league is making noises about having to comply with federal labor laws regarding the use of player likenesses in promotional or advertising material, but that doesn’t make that much sense in the context of simply listing players currently under contract and on team rosters. Instead, this looks to be an attempt to, in some manner, punish current players by ripping away any fame or notoriety they might get via the MLB.com site. It’s also notable that each individual team site gets feeds directly from MLB.com and those sites too are changed in a similar manner. Perhaps most strangely, the headshots of all current players have been removed and replaced by generic avatars of faceless heads

It could be that MLB is just playing it really, really safe on the labor laws situation… but I doubt it. This is more likely part of the overall strong-arm tactic by team owners that are crying poor to the players’ union while beating the CBA buzzer to hand players millions and millions of dollars at the same time. And, just to add more to the mix, this all is happening at the same time MLB admitted it has been messing with the types of balls within the game, introducing multiple differently behaving balls in a league that is absolutely driven by statistics for what is supposed to be a uniform game.

Not exactly the ammo the owners need going into CBA negotiations, to be sure.

Filed Under: articles, baseball, collective bargaining agreement, journalism, labor agreement, lockout, mlb, news, players
Companies: mlb

NBA Deletes Evidence Of Players From All Team Websites Due To Intellectual Property

from the wow dept

As you may have heard, the NBA and the NBA Players Association did not hit their deadline last night to reach a new collective bargaining agreement, and thus began a lockout/work stoppage. Of course, we’re not a sports blog, so what’s interesting about that for us? Well…. apparently over the last few days, the webmasters for all of the NBA team websites have been scrambling like mad, because they believe that when the players are locked out, there can be no mention or image of any player on any NBA webpage:

That’s because the moment the clock strikes midnight on the current CBA, all those images and videos of NBA players have to disappear off NBA-owned digital properties. Depending on how you interpret “fair use,” the prohibition could include the mere mention of a player’s name on an NBA-owned site, though different teams have different interpretations of this particular stipulation.

That’s from ESPN… who doesn’t give any more detail as to what it is they actually think would be infringing here. It’s certainly not copyright, even though that’s implied. There’s no copyright in names. And the copyright on the images would be held by whoever took the images, not the players. I’m assuming this is more of a publicity rights issue, which we’ve been discussing a lot lately. But those are generally based on a patchwork of state laws. And, even so, I can’t quite see how that would prevent teams from accurately listing players who were on the team. That’s factual information. But not according to the teams:

There are additional gray areas that are still up for discussion: What about a photo of a Lakers fan wearing a No. 24 Kobe Bryant jersey? What about a retrospective feature on the John Stockton-Karl Malone Jazz teams? Do tweets from the team’s official Twitter feed that mention a player and/or link to an image need to be deleted? How about Facebook posts?

Nobody seems to know for certain the definitive answers to these questions and the criteria seem to be arbitrary. According to more than one team website staffer, the cutoff for images of retired players right now stands at 1992-93 — Shaquille O’Neal’s first season in the league. And social media is an area they’re still grappling with as the deadline approaches.

However strict the boundaries, overhauling the architecture of these sites is a painstaking process that has a lot of talented web people around the league very stressed out. The NBA has built and furnished each team with a website “wire frame” that will take the place of the existing, much more sophisticated site. The wire frame is a rudimentary version of the site, without a lot of the snazzy technology we’ve grown accustomed to seeing. As a result, each of the 30 team sites will look virtually identical.

It looks like those “new” sites are in place. I’ve looked around at a few team sites, and while they may have old players (from decades ago), most traces of modern players have disappeared. They do list the names of players on the team under the “team” tab, but otherwise, the players seem almost entirely absent. And for what reason? Intellectual property shouldn’t be part of a labor fight. It’s got nothing to do with that. The whole thing just seems silly.

Filed Under: basketball, copyright, fair use, lockout, publicity rights, web sites
Companies: nba