mlb – Techdirt (original) (raw)

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

Here Comes The Waterfall: 15 MLB Teams To Lift Streaming Blackout For Fox Broadcasts

from the half-way dept

And away we go. Techdirt (myself specifically) has been talking for some time about the impending expansion of major sports streaming options as the cord-cutting trend has continued. It only makes sense: leagues and marketers will go where the audience is. The most recent trend started slowly with the FCC voting to end its blackout rule. That decision was important for streaming, because one of the dumbest ideas that migrated over from broadcast and cable television was the idea that local blackouts of broadcasts and streams were in any way a good idea. Even as the NFL, NBA, NHL and MLB all have incrementally increased streaming options, those efforts have continued to be hampered by local blackout restrictions.

Well, Major League Baseball just took a giant step over the blackout line and is now effectively straddling it, announcing that local streaming will be available in fifteen markets in the 2016 season.

There is no specific timetable for a potential announcement of a deal between FOX and MLB. The two sides hope to complete the agreement around the end of this season, which would give the league and RSNs a full offseason to market the availability of the new local streams before Opening Day 2016. MLB Commissioner Rob Manfred, working with the league’s president of business and media, Bob Bowman, has made in-market baseball streaming a key league priority, including personally participating in several negotiating sessions.

Per the above, this specific deal is going to be done with MLB teams that have broadcasting deals with Fox. But don’t think for a single moment that that’s where it ends. Even if MLB can’t get similar deals in place for the other half of teams in the league, which would fully free up the fantastic MLB.TV product for local streaming, any modicum of success that Fox has with this program will be immediately adopted by the other broadcasters. They really don’t have a choice. Cord-cutting isn’t going away and it’s been professional and college sports that have long kept subscribers tethered. The trickle of streaming options in sports has been turning into more of a deluge, and the cable industry should be expecting some tough times ahead in the next, oh, say three to five years. Because if Manfred has this on his priority list for MLB, please believe that the commissioners in the other leagues have it on theirs as well.

And when sports streaming really gets going, it’s the end of cable as we currently know it.

Filed Under: baseball, blackouts, local, mlb, online, sports, streaming

Man Falls Asleep At MLB Game, Sues MLB For $10 Million For Noticing

from the napping-for-fun-and-profit dept

Defamation laws can be a tricky thing. Public figures, for instance, can sometimes have a tough time navigating when the law doesn’t apply, while the more crazy but less famous folks of the world seem to occasionally forget that truth is a defense against defamation. Add to them the times when entire organizations forget that parody exists and is protected speech and suddenly you begin wondering whether anyone ever gets a defamation suit right.

Well, if they do, it sure ain’t Andrew Robert Rector, part-time baseball fan and full-time misguided-lawsuit-filer. See, Andrew fell asleep at a Yankees/Red Sox game, and ESPN’s cameras caught him snoozing. Now Andrew is suing roughly everyone for ten million dollars. Confused? You’re not the only one. The at times hard to understand filing appears to be relatively unconcerned with facts, you see.

Rector claims he was filmed, and defamed, at the April 13 game between the Yankees and Red Sox, at Yankee Stadium.

“In the course of watching the game plaintiff napped and this opened unending verbal crusade against the napping plaintiff,” the complaint states. ESPN focused its cameras on him, Rector says, and then “Announcers like Dan Shulman and John Kruck unleashed avalanche of disparaging words against the person of and concerning the plaintiff. These words, include but not limited to ‘stupor, fatty, unintelligent, stupid’ knowing and intending the same to be heard and listened to by millions of people all over the world …”

Except, other than the camera noticing the dozing fan, none of the other accusations are even remotely accurate. For the millionth time, I find myself thanking the universe for MLB’s Advanced Media, which provides video of the entire episode during the broadcast. Like I said, the complaint isn’t even close to being true. The specific allegations of what the announcers said are simply wrong. They never said those things. On top of that, the complaint appears to be written by someone that needs remedial English classes, because sections of it border on incomprehensible. It even gets the names of the announcers wrong.

John Kruck [sic] in his verbal attack insinuated that the plaintiff is individual that know neither history nor understood the beauty or rivalry between Boston Red Sox and New York Yankee [sic].

And:

Plaintiff alleges that MLB.com, juxtapositions of photos and text of two men kissing each other and caption “sleeping Yankee’s Fan cares not for your rivalry talk” falsely implied that plaintiff engaged in that type of conduct described or portrayed by the picture. In light of all the surrounding circumstances.

Now, that particular passage had me monumentally confused, until I read Deadspin’s post about this whole situation. They’re postulating that Andrew and/or his lawyers appear to be mistaking a third party for ESPN, which is about as shocking as the sun rising in the east.

That completely nonsensical paragraph seems to be referring to this blog post on NotSportsCenter.com, which has nothing to do with MLB or ESPN. But anyway, Andrew Rector wants everyone to know that he’s totally not gay, bro. Stupid, maybe, but totally not gay.

Whoo-boy. In other words, in sum total, it’s difficult to imagine how Andrew Rector and whatever crackerjack legal team he has hired could have screwed this up any worse. Probably best at this point to drop the whole thing and go away, particularly considering how the lawsuit has now streisanded this story and far more people are witnessing the plaintiff’s actions than ever would have otherwise.

Filed Under: andrew rector, andrew robert rector, defamation, mlb, sleeping
Companies: mlb

MLB.com Writers Told They Can Only Tweet About Baseball

from the twitter-failure dept

It’s no secret that MLB.com, the online wing of Major League Baseball, is a bit of a control freak at times. It fought a long battle claiming to own the “facts” of a baseball game — which it eventually lost. It’s falsely taken down videos that were clearly fair use. Worst of all, it issued rules on how independent reporters could report on games. We’re still amazed that any self-respecting newspaper would agree to such rules — though, to be fair, it appears that MLB has not chosen to enforce many of those rules.

Of course, in this day and age, with social media making it easier and easier for anyone to communicate with anyone else, trying to overly aggressively control messages has proven to be a bit more difficult — and, for the most part, that’s probably a good thing. Last year, we had a story about baseball beat reporters using social media to build up a strong community, and build a really strong relationship with fans. Part of the reason why this worked was because those reporters talked about more than just baseball. Some of my favorite baseball reporters also talk about things like music, movies and TV shows, which makes them a lot more interesting and human. It’s part of building a connection with a community, which is a necessity these days.

So it’s disappointing to see that Major League Baseball appears to have gone way overboard in its new Twitter guidelines for MLB.com reporters (sent in by many, but first by Scott Crawford). Now, we’ve already seen other sports leagues, like the NBA and the NFL issue Twitter guidelines for players and officials. While those sometimes seem to go way overboard (such as fining a player for Tweeting a happy message after winning), you can understand the basic premise behind the plan. Of course, some players obviously have decided not to pay much attention to the official policies.

In this case, Major League Baseball apparently also sent out some “guidelines,” to both players and MLB.com reporters. Many are guessing that this is in response to a former major league player, Mike Bacsik, who got fired from his radio job after Tweeting a racist remark. It might also be in response to Chicago White Sox manager Ozzie Guillen and his Twitter account, which has been known to make news as well. Apparently, the guidelines for players are more or less common sense. However, it’s a bit trickier with MLB.com writers.

What makes it tricky is that MLB.com has a pretty large staff of reporters itself. And while there were concerns early on that they wouldn’t be independent enough, their coverage has actually been quite good and in many cases the equivalent of newspaper beat reporters. And many have built up followings on their own. For example, I’ve followed MLB.com reporter Bryan Hoch on Twitter for a while. Part of the reason I follow him was due to some very amusing discussions last year about his movie-watching habits (or lack thereof — he hasn’t seen many “classics”).

But, apparently, that sort of thing won’t be allowed any more. Supposedly, the word from on high from Major League Baseball is that all MLB.com reporters may only use Twitter to talk about baseball. All other topics are strictly forbidden. This seems likely to do a lot more harm than good. It takes away many of the reasons why people like following certain reporters, and takes away the connections they build up with fans. It’s a symptom of an old way of thinking: once someone (anyone) does something “bad” with a tool, ban all other uses, even if there are many good things. It’s an idea that is doomed to fail.

Filed Under: baseball, mlb
Companies: twitter

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 100,000totheCapeCodLeagueeachyear,butthat’sonlyasmallpercentoftheleague’s100,000 to the Cape Cod League each year, but that’s only a small percent of the league’s 100,000totheCapeCodLeagueeachyear,butthat’sonlyasmallpercentoftheleague’s1.5 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…

Filed Under: baseball, cape cod league, mlb, trademark
Companies: mlb

MLB Follows NFL In Restricting How Reporters Can Report On Games Online

from the who-puts-up-with-this-stuff? dept

Brian writes in to let us know that Major League Baseball seems to be following the NFL’s rules on how reporters are allowed to report on games. In the MLB’s case, reporters can only post short video clips, can’t post more than 7 photos per game and all non-text content must be removed after 72 hours. It’s fairly amazing that news organizations agree to put up with these restrictions. The fact that news organizations caved into the NFL is what has allowed MLB to go down a similar path. Again, MLB has every right to set the terms by which it gives out press passes, but news organizations should push back against these policies, potentially buying tickets themselves, rather than getting team-approved press passes. It’s also not at all clear why a news report shouldn’t be allowed to post as many photos as they want on their site, or why they shouldn’t be able to leave them online for more than a few days.

Filed Under: mlb, reporters, rules
Companies: mlb

You may recall earlier this year that law professor Wendy Seltzer received a DMCA takedown notice from the NFL for posting a short clip to YouTube of the part during the Super Bowl where the announcers state the famous warning that often reads something like “Any rebroadcast, reproduction or other use of the pictures, accounts or descriptions of this game without the express written consent of Big Sports League, is prohibited.” What got lost in the Seltzer story over whether or not posting that particular clip to YouTube was legal, was that her point in using it was to show how sports leagues were making claims to rights that copyright didn’t actually give them. It appears that enough others have noticed this as well that a trade group, backed by various big name tech companies, is now asking the Federal Trade Commission to prevent broadcasters from making such “deceptive” copyright statements. The group is claiming that this incorrect statement that clearly reaches beyond the rights copyright provides, is harmful to consumers and technology companies. Of course, in the sports leagues’ (and other content companies’) defense, it appears that plenty of people ignore the bogus copyright warning anyway.

Filed Under: broadcast, copyright, copyright abuse, mlb, nfl
Companies: mlb, nfl