Tim Marman's Loosely Coupled

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• When will the NFL Network standoff end?

  Like so many others , I was furious when I couldn't watch the Packers-Cowboys games a few weeks back. The NFL Network is only carried on satellite which is simply not an option for many of us in urban areas like NYC. For those who haven't been paying attention, there's been a long-running standoff between the cable companies and the NFL network. (ComCast carries it at a premium, but neither Time Warner or Cablevision offer it, free or otherwise). To sum up: The NFL wants its network carried on basic cable packages with channels such as ESPN or CNN, where it can reach the broadest possible audience. Cable companies including Time Warner Inc. say it belongs on a sports package, or tier, where its audience would include only those fans willing to pay extra. I am a huge fan of the NFL and would certainly subscribe in a second. Much like the issues with net neutrality, the problem is that we're not dealing with a perfect market. If Time Warner doesn't offer me the ability... Posted Dec 27 2007, 12:22 PM by Tim with | with 1 comment(s) Filed under: Technology, Intellectual Property, Rants, Things that bother me, Sports, Law, NYC

• A player's right of publicity in sports statistics

  MLB already tried to claim copyright over baseball statistics , an argument that doesn't hold much weight since facts are not subject to copyright. Glenn Mitchell has an interesting article about the opposite situation - players claiming ownership under the right to publicity. The right to publicity generally arises from common law or state statute and comes up where, as Glenn puts it, the likeness is used "to create the false impression that the individual has endorsed its products or services." In many ways, I consider this similar to the use of trademarks in metatags. The analysis is somewhat different because this claim arises under right of publicity and not federal trademark law, but ultimately both are used descriptively, and not as a designation of source. As the Court discusses, the power to exclude others from using names and facts that are otherwise in the public domain is just too absolute given the nature of the use. Posted Jan 02 2007, 10:20 AM by Tim with | with no comments Filed under: Intellectual Property, Sports, Trademark, Law