4 ms·

Do they hold the rights to recounting what happened play-by-play without using any images or media from the event? That seems more comparable here.

cheald 10y ago
They certainly claim to. The NFL loudly proclaims that "Any other use of this telecast or of any pictures, descriptions, or accounts of the game without the NFL's consent, is prohibited."
- ambirex 10y ago
  I can claim anything I want, it doesn't make it legally enforceable
- jdoliner 10y ago
  I have a feeling that if they ever tried to prosecute the accounts part of warning they would lose miserable. Imagine them trying to argue that a person describing a game they'd seen to a friend required their consent. Maybe it would fly, IANAL, but that seems insane to me.
- jlgaddis 10y ago
  I hereby prohibit you from commenting on Hacker News unless you send me $10 every time you access the front page.
- valleyer 10y ago
  No idea why you are being downvoted. Regardless of whether it's actually enforceable, this threat is definitely aired during every NFL game. MLB too: "This copyrighted telecast is presented by authority of the Office of the Commissioner of Baseball. It may not be reproduced or retransmitted in any form, and the accounts and descriptions of this game may not be disseminated without express written consent."
  - greglindahl 10y ago
    Sorry, I turned on my TV 1 minute after that was displayed. This issue is called "contract formation", and any HN reader who's shipped licensed software or had a website with terms of service should be aware that showing something that a user may or may not have seen is the worst possible way to try to form a contract. That's why creating an account on almost all websites has a checkbox that the user has to check, with text that you're agreeing to certain terms.
    - matt4077 10y ago
      I'd prefer to make a more forceful case that there are limits to contracts, and not to rely on the technicality of people saw the note, or if "a meeting of minds" actually happened. What if the note is also in the actual contract that has my signature? Is the content of such contracts limited in any way? I mean – it must be. I can easily get any number of people to sign contracts that include a right for me to their firstborn child. Whatever legal doctrine courts would use to strike down such a provision should also apply to, for example, people waving their right to sue, to freely discuss the content of broadcasts, to rate the product/service being purchased etc.
      - valleyer 10y ago
        Yup, I think you're looking for: https://en.wikipedia.org/wiki/Unconscionability https://en.wikipedia.org/wiki/Unconscionability
deleted 10y ago
[deleted]

cheald 10y ago

They certainly claim to. The NFL loudly proclaims that "Any other use of this telecast or of any pictures, descriptions, or accounts of the game without the NFL's consent, is prohibited."

ambirex 10y ago
I can claim anything I want, it doesn't make it legally enforceable
jdoliner 10y ago
I have a feeling that if they ever tried to prosecute the accounts part of warning they would lose miserable. Imagine them trying to argue that a person describing a game they'd seen to a friend required their consent. Maybe it would fly, IANAL, but that seems insane to me.
jlgaddis 10y ago
I hereby prohibit you from commenting on Hacker News unless you send me $10 every time you access the front page.
valleyer 10y ago
No idea why you are being downvoted. Regardless of whether it's actually enforceable, this threat is definitely aired during every NFL game. MLB too: "This copyrighted telecast is presented by authority of the Office of the Commissioner of Baseball. It may not be reproduced or retransmitted in any form, and the accounts and descriptions of this game may not be disseminated without express written consent."
- greglindahl 10y ago
  Sorry, I turned on my TV 1 minute after that was displayed. This issue is called "contract formation", and any HN reader who's shipped licensed software or had a website with terms of service should be aware that showing something that a user may or may not have seen is the worst possible way to try to form a contract. That's why creating an account on almost all websites has a checkbox that the user has to check, with text that you're agreeing to certain terms.
  - matt4077 10y ago
    I'd prefer to make a more forceful case that there are limits to contracts, and not to rely on the technicality of people saw the note, or if "a meeting of minds" actually happened. What if the note is also in the actual contract that has my signature? Is the content of such contracts limited in any way? I mean – it must be. I can easily get any number of people to sign contracts that include a right for me to their firstborn child. Whatever legal doctrine courts would use to strike down such a provision should also apply to, for example, people waving their right to sue, to freely discuss the content of broadcasts, to rate the product/service being purchased etc.
    - valleyer 10y ago
      Yup, I think you're looking for: https://en.wikipedia.org/wiki/Unconscionability https://en.wikipedia.org/wiki/Unconscionability

deleted 10y ago

[deleted]