ATDHE & Channel Surfing have been seized

mouser

Business of Hockey
Jul 13, 2006
29,284
12,583
South Mountain
While it is fairly likely to be upheld as fair use - I am not aware of any courts actually ruling on the matter.

However, the decryption tools which would be needed to make that backup are illegal under the DCMA.

edit: I guess Mouser beat me to it - that's what I get for actually taking a night off these boards and going to a game, although I'll guess that I enjoyed it more than Mouser :).

If you're really interested in reading, here's the most recent ruling I'm aware of the topic. 2004 MGM vs. 321 Studios

http://w2.eff.org/IP/DMCA/MGM_v_321Studios/20040219_Order.pdf

Ruling acknowledged fair use remains in effect, but that it doesn't apply to the DMCA barring distribution of decryption bypassing tools because fair use is an affirmative defense to copyright violations, while the DMCA ban on decryption tools in this case didn't involve claims of actual copyright violations.


Also, I'd like to suggest in the next CBA that games be reduced from 60 to 40 minutes.
 

Pangu

Registered User
Jun 20, 2005
4,675
107
It's not an opinion. If the Flyers make it available for use, then it can be used.

You can justify your theft all you want, but it doesn't make you any less of a criminal.

Its not theft, its an IPR violation. They are not the same thing.

The issues surrounding IPRs and IPR violations are intellectually and realistically distinct from the issues surrounding rivalrous goods that can be stolen. Specifically, there is a cost to not allowing people to enjoy copyrighted material that they are too cheap to pay for. If that cost is higher then the benefit of promoting the creation of the material, then the IPR protection is inefficient.

I think this is a pretty clear case where there is no need to provide any IPR protection on broadcasting rights because its already in the producers interests to give those rights away to promote in-venue attendance.
 

LadyStanley

Registered User
Sep 22, 2004
105,731
18,858
Sin City
IPR = Intellectual Property Rights?


In general, producers of copyrighted material may choose not to create or release if their product is continually stolen, depriving them of the residual income for the use of it.


(That's one of the reasons that Michael Jackson bought the Beatles music -- he got the royalties based on the contract the Fab Four signed back in the 1960s, not the actual writers of the music. And one reason why it took so long to get the Beatles on iTunes.)
 

Pangu

Registered User
Jun 20, 2005
4,675
107
IPR = Intellectual Property Rights?


In general, producers of copyrighted material may choose not to create or release if their product is continually stolen, depriving them of the residual income for the use of it.


(That's one of the reasons that Michael Jackson bought the Beatles music -- he got the royalties based on the contract the Fab Four signed back in the 1960s, not the actual writers of the music. And one reason why it took so long to get the Beatles on iTunes.)

Yes, I don't deny what you are saying. However, its a fair question in any industry whether that possibility is high enough to warrant inefficiencies on the distribution end of the intellectual property. I don't think it is in the case of major league sports because of the failure of teams like the Blackhawks to succeed financially by blocking video of their home games. Based on my knowledge of Sports, I just don't think that teams would stop producing or would try to block video. So I don't think the harm of removing their broadcasting copyright protection would be severe enough to cancel out the benefit of giving more people the opportunity to watch.
 

Richer's Ghost

Bourbonite
Apr 19, 2007
60,106
14,422
photoshop labor camp somewhere in MN
This broadcast is owned by ___________ and the _______ and is intended for the sole use of our audience. Any other use or re-broadcast of this telecast is strictly forbidden without the express written consent of _______ and the _____________.

Those use to be stated every game at some point. Just because they aren't any longer doesn't mean it still isn't in full force.

Broadcasters don't want their product being distributed outside their control. They can't control the quality of the product once it is outside their domain so I completely understand why web feeds are shut down. If you take the big picture from the other side there is far more at risk than the benefit gained from a few extra web viewers.
 

Pangu

Registered User
Jun 20, 2005
4,675
107
This broadcast is owned by ___________ and the _______ and is intended for the sole use of our audience. Any other use or re-broadcast of this telecast is strictly forbidden without the express written consent of _______ and the _____________.

Those use to be stated every game at some point. Just because they aren't any longer doesn't mean it still isn't in full force.

Broadcasters don't want their product being distributed outside their control. They can't control the quality of the product once it is outside their domain so I completely understand why web feeds are shut down. If you take the big picture from the other side there is far more at risk than the benefit gained from a few extra web viewers.

A) Anyone can forbid anything. I can forbid the NFL from playing the Superbowl. Doesn't mean much though.

B) The last few posts have all acknowledged their ownership of the broadcast... or at least the associated IPRs.

C) Your last paragraph doesn't make sense. The purpose of copyright protection is to induce production of works based on ideas. It isn't to prevent changes to the work whether it be in terms of content or quality. That train of thought is closer to the basis of the fair use doctrine to escape copyright protection.
 

Charlie McAdaddy

Registered Champion
Mar 11, 2004
2,626
21
Winchesterfieldville
"Philadelphiaflyers.com is the official Web site of the Phildelphia Flyers. Philadelphia Flyers and philadelphiaflyers.com are trademarks of Comcast Spectacor, L.P. NHL and the word mark and image of the Stanley Cup are registered trademarks and the NHL Shield and NHL Conference logos are trademarks of the National Hockey League. All NHL logos and marks and NHL team logos and marks as well as all other proprietary materials depicted herein are the property of the NHL and the respective NHL teams and may not be reproduced without the prior written consent of NHL Enterprises, L.P. Copyright © 1999-2010 Comcast Spectacor, L.P. and the National Hockey League. All Rights Reserved.

You have no right to "backup" parts of a website because the website isn't yours.

ooooh man, the hits keep on coming :laugh:
 

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