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Thou Shalt Not View The Super Bowl on a 56" Screen

Posted by Zonk on Sat Feb 02, 2008 07:40 PM
from the that's-like-the-fourteenth-commandment-right dept.
theodp writes "For 200 members of the Immanuel Bible Church and their friends, the annual Super Bowl party is over thanks to the NFL, which explained that airing NFL games at churches on large-screen TV sets violates the NFL copyright. Federal copyright law includes an exemption for sports bars, according to NFL spokesman Brian McCarthy, but churches are out of luck. Churchgoers who aren't averse to a little drinking-and-driving still have the opportunity to see the game together in public on a screen bigger than 55 inches."
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[+] Games: The Physics of Football 163 comments
Ponca City, We Love You writes "There will be a program on applied physics and real time strategy that you might want to watch on television today. Conservation of momentum during elastic and inelastic collisions is one aspect on which to focus as players tackle their opponents. It is of critical importance that the Patriots bring down New York's huge and powerful running back, 6-foot-4, 265-pound Brandon Jacobs. An average-size NFL defensive back's mass combined with his speed — on average, 4.56 seconds for the 40-yard dash — can produce up to 1600 pounds of tackling force. A tackle with half a ton of force may sound like a crippling blow, but the body can handle twice that amount because the player's equipment spreads out the incoming energy, lessening its severity." Nanotech specialists from Cornell have developed their own take on the "physics" of the Super Bowl by creating the world's smallest trophy, which will be awarded today to a contestant who best explains an aspect of football physics. Just some food for thought while you watch the game on your brand new HD television, though you'd better not be watching it in a church.
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  • by msauve (701917) on Saturday February 02 2008, @07:49PM (#22277302)
    They are in no way creative works. What "original authorship" exists? "Copyright shelters only fixed, original and creative expression," which a football game isn't. [stanford.edu]

    Furthermore, to be copyrighted, a work must be fixed into a "tangible medium." That is not the case for a live broadcast (although it might be for an after-the-fact replay).
    • by whoever57 (658626) on Saturday February 02 2008, @07:58PM (#22277428) Journal

      What "original authorship" exists?
      The editing, the commentary? It's not like there is a single camera fixed on the field. Also the teams are really entertainers and the sport can be considered an improvised performance.

      Furthermore, to be copyrighted, a work must be fixed into a "tangible medium." That is not the case for a live broadcast (although it might be for an after-the-fact replay).
      If IP addresses held in RAM can be considered "fixed", then a live broadcast can certainly also be considered fixed.
    • Debatable. (Score:5, Insightful)

      by jd (1658) <<moc.oohay> <ta> <kapimi>> on Saturday February 02 2008, @09:00PM (#22277948) Homepage Journal
      Technically, a truly live, unrecorded broadcast could be considered transitory and therefore not copyrightable. However, the five second delay means that it is indeed being recorded and therefore is an after-the-fact replay. I'm not sure copyright is the correct instrument to use, though. Copyright is intended for a work, an assembly that is well-defined prior to the copying of whatever is copyright, whereas this is essentially an improvised collection of improvisations, where the assemblage is taking place essentially simultaneously to the copying. Copyright was also never intended for a broadcast medium, where the copy technically exists whether the TV is displaying it or not. (It exists as a radio signal or a cable signal and it exists in the receiver up to the point of discrimination, even if the TV is switched off.)

      IP law is, frankly, a mess. Either unify all the concepts into one single notion, OR sub-divide the existing categories into wholly uniform concepts. Force-fitting one idea into a mechanism never designed or intended to be used in such an abstract manner creates a great deal of confusion over what actually is permissible and makes rational discourse on what should be permissible difficult to impossible. I would argue for unification, partly because you are dealing with underlying principles but also because if the unification is valid and correct, it will remain valid and correct for any future technologies within the bounds for which it is defined. Splitting the categories up into much finer-grain notions would make each rule much easier to understand, much easier to follow and much easier to enforce rationally and fairly, but makes IP as a whole harder to conceptualize and doesn't scale well as new methods of delivering information emerge.

      This church fiasco might - possibly - turn out quite useful if the level of resentment generated is sufficient to persuade the politicians that genuine reform (ie: not in the pockets of corporations) is in the interest of voters and therefore their own jobs. Narking a few churches off, though, probably isn't going to generate enough sustained ill-will to do anything beyond getting a few more people seriously drunk and lower that week's collection takings by a few dollars. Anyone who feels wronged on Sunday will have forgotten by Tuesday at the latest. No, the NFL would need to do something far more serious to do any good for the country.

      • by msauve (701917) on Saturday February 02 2008, @08:31PM (#22277736)
        how can they claim a church, receiving/viewing the broadcast, is "copying," and therefore in violation of copyright?

        Since the only practical use of a broadcast is to view it, isn't such viewing (at least non-commercially) "fair use?" Why is it a copyright violation for a group of parishiners to watch together, but not for a family to do the same? Is a license required to view content carried over the public airwaves? (this isn't Great Britain!)

        BTW, you totally missed/ignored the original point - a sports broadcast is functional, not creative.
  • So... (Score:5, Funny)

    by rakuen (1230808) on Saturday February 02 2008, @07:49PM (#22277304) Homepage
    If I have a 60" TV, and no one is around to watch it, does it violate copyright?
  • Oh yay (Score:5, Funny)

    by ObjetDart (700355) on Saturday February 02 2008, @07:57PM (#22277400)
    Religion and football...two things that I couldn't possibly care less about. I hope they obliterate each other in a spectacular orgy of litigation.
  • by Jugalator (259273) on Saturday February 02 2008, @07:58PM (#22277424) Journal
    After all, it's really hard to make a profit on the Super Bowl.

    After all, the advertisements were set at an as low rate as $90,000 per second [nytimes.com].

    Seriously, let's think of the NFL for once. :-(
  • by Associate (317603) on Saturday February 02 2008, @07:58PM (#22277432) Homepage
    All the churches need are liquor licenses. They can sell communion wine and hot wings. Insta-church-sports bar. Eat that NFL. No one fucks with the Jesus.
  • by jadin (65295) on Saturday February 02 2008, @08:13PM (#22277586) Homepage
    This is to keep church members from seeing 56 inch nipples.
  • by MrSteveSD (801820) on Saturday February 02 2008, @09:14PM (#22278064)
    Both of Britain's main sports (Football and Cricket) are played quite widely internationally, yet American football does not seem to have taken the world by storm. I suppose one consolation of this is that the US always wins, but wouldn't it make more sense to concentrate all those resources on games that are more popular internationally?

    Come to think of it, the other main US sport, Baseball, is not hugely popular around the world either. According to Wikipedia it is less popular than volleyball and table tennis. Maybe the US is onto something here. Perhaps we can copy this idea in Britain. We need to ditch the sports we keep losing at, like soccer, and invent a new one that nobody is interested in. Then we will finally be world champions :)
    • by Vellmont (569020) on Saturday February 02 2008, @07:54PM (#22277364)
      The NFL is a large corporation. Corporations prefer to use lawyers and scary sounding letters rather than the coppers. It's a lot harder to put a scary sounding letter on television than a bunch of cops busting up a church.
    • by Stanislav_J (947290) on Saturday February 02 2008, @08:06PM (#22277528)

      The real WTF is, people in the USA watch football in churches? How the fuck is that not somehow blasphemous?

      In some parts of the U.S., football is the dominant religion.

    • by Goldberg's Pants (139800) on Saturday February 02 2008, @08:09PM (#22277556) Journal
      HAHAHA! Where is their God NOW?!
      • by tompaulco (629533) on Saturday February 02 2008, @08:46PM (#22277858) Homepage Journal
        What's with all this anger against the Church for showing the free over the air transmission for free to Church members and members of the community? They are not even charging admission! Where is the outrage against the sports bars who are profiting from the display of the Superbowl?
        • by bri2000 (931484) on Saturday February 02 2008, @08:53PM (#22277900)
          Is the Super Bowl pay per view (I'm in Europe and don't know what the TV arrangements are? If not what's being "stolen" from the NFL? Assuming no admission is being charged, how is having 100 people watch on one big screen any different from having 10 people watch on 10 smaller screen? They all see the ads and the sponsors.
          • by insignificant_wrangl (1060444) on Saturday February 02 2008, @08:58PM (#22277928) Journal
            The Super Bowl is straight-up ole regular network TV. As the article mentions, all that this really affects is TV ratings (since fewer sets are showing the game). You must be European if you expect American TV ratings or copyright to make any kind of sense!
            • by dgatwood (11270) on Saturday February 02 2008, @09:07PM (#22278002) Journal

              Except that it doesn't affect ratings. Even if you are using one of the automated boxes, AFAIK, they still provide diaries for when you view something on another set. All you have to do is fill in that you watched it elsewhere.

              This is just the NFL being dumbasses, period.

          • by The Analog Kid (565327) on Saturday February 02 2008, @09:04PM (#22277974)
            Is the Super Bowl pay per view

            Nope. It's on Fox. In fact, Fox is free over the air. The problem they have with it, is that instead of lets say 4 people per 1 TV, they might have 40 people per 1 TV, where there would have been 40 people split using 10 different TVs. I think ratings are only affected if Neilsen homes aren't watching it though. So it all really comes down to ratings. They'd rather see 10 homes watching the SB rather than 1 church.
              • by OptimusPaul (940627) on Saturday February 02 2008, @09:29PM (#22278178)
                What!? As an american it is our duty to watch the super bowl. And as good god fearing men we are obligated to, that's why it's on Sunday. Now come on people let's follow the rules, there is nothing better than a day of bowling, especially super bowling... now when is it on?
        • by hedwards (940851) on Saturday February 02 2008, @08:59PM (#22277936)

          Major sports leagues (NFL, NBA, NHL, etc) have always been pretty strict about enforcing copyright and redistribution rights for their broadcasts. They even put up a big warning like the FBI warning shown at the start of movies. It is their property I suppose so that shouldn't be a big issue of contention.
          They say that, but they step far beyond what they're legally able to defend in court. The reason why they've been allowed to leave those notices up at the beginning of games is simply that they haven't been stupid enough to try and press it in court.

          It has nothing about copyright law or redistribution rights, the notice that you refer to includes as well as the copyrighted telecast/radio broadcast and any relevant images, the right to discuss the game later on or tell people what the score was without the expressed written consent of the league.

          Those aren't protections which US copyright law presently extends to anybody.

          So no, it isn't a matter of the leagues protecting their legal rights in most cases it's a matter of them inventing new rights in order to coerce people to abide by their rules. Even the MPAA doesn't typically sue or send notices to church groups to not show their films. Or at least they have the sense not to allow those sorts of notices to go public like this.
      • Re:2007 (Score:5, Insightful)

        by bigstrat2003 (1058574) on Saturday February 02 2008, @08:32PM (#22277740)

        Who cares? Squirting out kids or belonging to a church doesn't earn you special rights, special treatment, special sympathy or special consideration.
        What's your point? The fact that they're in a church doesn't mean that we should be any less outraged, either. The NFL is abusing copyright law, and it happens to be a church who's getting hurt. The story is the abuse, not the fact that it's happening to a church.