Journal Abstract
Title:
Gamescasts and NBA v. Motorola: Do they still love the game
Author:
MacDonald, C.N.
Date:
Spring 2004
Source:
North Carolina Journal of Law and Technology
A complex issue in the modern college and university is that of appropriate
communication technology within the bounds of federal and state communication
regulations. A popular form of technology is that of the gamecasting, especially in
athletics, where a sports fan can stay current with a particular sports event through the
web, pager or cell phone in pseudo real time.
As this is a relatively new means of communicating, the legal aspects of gamecasting
have not been well declared through case law. The particular article discusses the position
that professional sports associations such as the MLB are taking on rights to broadcast
this information and argue that these rights are protectable. The case law is a specific case
between the National Basketball Association and Motorola who designed special pagers
for sports enthusiasts stay current to within a few minutes of the game. The last section of
the article recommends possible solutions to the legal issues in solving this dilemma in
the future.
The issue under discussion is whether anyone desiring to produce a gamecast should get
permission from the game authority. The MLB for example liken gamecast to that of
radio and television. They cite in a playoff game an average of 750 000 users a day. The
volumes are material. The reason there is no legal protection is due to the NBA v.
Motorola decision of the Second Circuit court.
The first decision of the court is that there is no difference between web sites, pagers and
cell phones. The ruling applies with equal force to all. Copyright law as it pertains to
sporting events was examined. Sport games were concluded not to be federally protected
as they were not “original works of authorship”. The second issue was whether the
broadcast was copyrightable. As Motorola only reproduced facts and not any expression
of these facts, it was deemed non-protect able. The only protect able expression was the
work of the cameraman and directors.
The court then considered a “hot news misappropriation claim based on INS v. Associated
Press. This was a Supreme Court decision where a news agency copied factual stories
from another wire service. The court ruled that the offending agency had committed
common law misappropriation because the copied information was time sensitive. The
court rejected this case law reasoning that this was indiscernible from copyright
infringement claims.
The journal article points out that the court was biased by thinking television. In
gamecasts there are more than facts. Expressions in forms of a commentary are often
added. Radio would be a better benchmark than television. The concluding discussion
was that language to the copyright act needs to be added to address this issue in the
future.
Journal Abstract
Title:
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Date:
Source:
Federal Court overturns la – enforcement powers expanded in Patriot Act
Scott Carlson
October 15, 2004
The Chronicle of Higher Education
Since September 11, 2001 the expansion of federal rights to information has expanded
dramatically with the Patriot Act (2002). This act has implications for the college
administrator in that information needs to be stored and available for subpoena by any
local federal investigator. This expansion to the act that would have allowed for
government officials to demand a wide range of records from internet-service providers
(ISP) and to forbid the ISP to tell those impacted of the request. As college and
universities are an ISP in their own right, as well as the public providers such as AOL,
Yahoo and MSN, this decision had significant implications.
The U.S. district court did strike down the provision with a stay of enforcement for 90
days. This was argued as acceptable with the implications and importance of the issues
involved by the ruling judge, Judge Victor Marrero. The U.S. attorney general intends to
appeal the ruling.
The judges ruling said that this demand for information violated the First and Fourth
Amendments of the U.S. Constitution. He is quoted as saying that the dispute is between
two fundamental principles: values and limits.
The American Civil Liberties Union has filed a suit on behalf of “John Doe” who has
received one of these letters. In particular electronic privacy agencies and the American
library association supported this suit. The support of the American library highlighted
the issue that Section 505 of the Patriot Act is so broad that it cannot ensure the
confidentiality of library records.
The ACLU reminded colleges that they should pay attention to national Security letters
(NSL) that were enacted in the Electronic Privacy Communication Act of 1986, and on
which the patriot act is founded. The expansion of powers allows law enforcement
officers open access to library, bookstore and other organizational records with little or
no accountability.
The approvals of NSL are no longer from high-ranking FBI agents but can now be issued
by and field agent. The article concludes that the volume of NSL has increased and :many
universities would be surprised at the scope of these search powers”.
Journal Abstract
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Start
On-Campus Military recruiting law held constitutional
Holland and Knight LLP, United States
July 23rd 2004
Monday Business Briefing
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Keeping the status quo safe in America; Schools caving in to foes of
affirmative action
Thomas Dolan
July 12th 2004
The Hispanic outlook in Higher Education
Journal Abstract
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A Federal proposal to keep data on all college students raises the question
of privacy
Diana Jean Schemo
November 29, 2004
The New York Times
Journal Abstract
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Start
Choose public-college presidents in the sunshine, but know when to draw
the shades.
Hearn, J.C. & McClendon, M.K.
July9th, 2004
The Chronicle of Higher Education
Journal Abstract
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Opening the door on Accreditation
Burton Bollag
July 16th 2004
The Chronicle of Higher Education
Journal Abstract
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How can colleges prove they are doing they’re doing their jobs?
Carol T. Christ
September 3, 2004
The Chronicle of Higher Education
Journal Abstract
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The employment picture for Hispanics in Higher Education
Sandra Gardner
November 1, 2004
The Hispanic Outlook in Higher Education