BlueByTheAlamo

March 1st, 2015 at 3:26 PM ^

TL;DR - the reporting of the fact is perfectly fine, legally and ethically, so long as it is just the transmittal of the fact and not analysis or creative content.

In Feist Publications, Inc. v. Rural Tel. Service Co., 499 U.S. 340 (1991) the U.S. Supreme Court sets out the standard pretty well:

"The Copyright Act of 1976 and its predecessor, the Copyright Act of 1909, leave no doubt that originality is the touchstone of copyright protection in directories and other fact-based works. The 1976 Act explains that copyright extends to "original works of authorship," 17 U.S.C. 102(a), and that there can be no copyright in facts, 102(b). A compilation is not copyrightable per se, but is copyrightable only if its facts have been "selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship." 101 (emphasis added). Thus, the statute envisions that some ways of selecting, coordinating, and arranging data are not sufficiently original to trigger copyright protection. Even a compilation that is copyrightable receives only limited protection, for the copyright does not extend to facts contained in the compilation. 103(b). Lower courts that adopted a "sweat of the brow" or "industrious collection" test - which extended a compilation's copyright protection beyond selection and arrangement to the facts themselves - misconstrued the 1909 Act and eschewed the fundamental axiom of copyright law that no one may copyright facts or ideas."

Without the ability to copyright, there is no legal protection to the dissemination of such facts. However, as I have discussions with clients on a fairly regular basis, just because it's not illegal and you have the ability to do something, does not mean it makes sense to do so in practical application. As has been stated above, the recruiting media world is fairly small, and angering connections is not a wise course of action.

So here, it is my personal opinion that reporting Costello is potentially not coming is perfectly acceptable so long as the information is limited to that singular fact.

freejs

March 1st, 2015 at 3:38 PM ^

this falls much more under the question of the "hot news" doctrine (everyone also agrees on this).

I also think it's not really a "fact" - the Costello visit hasn't happened or not happened. Until NSD, it's really an opinion. Or something like, "Costello cancelled his plane tickets" - that's a fact. 

But as I also pointed out above, I think part of the problem is that the law in this area does not acknowledge that two different models of information communication developed that don't fit equally well in the existing framework - one model is the "newspaper model," where the content is the thing, and the other model is the "insider newsletter model," where opinions and recommendations provide the added value. 

Jimmyisgod

March 2nd, 2015 at 8:41 AM ^

What we do on the recruiting trail isn't going to propel us to a national championship, what we do in practice and in the wieght room will do that.

I've said it several times, it takes a special kind of player to want to play for someone as tough as Harbaugh, we're going to get classes filled with those types of kids, but don't expect them to necessarily be filled with 5 stars.

F5

March 1st, 2015 at 6:32 PM ^

Sooooo, there are people in this thread that are upset that some guy willingly paid to get information on a high school kid visiting a frickin college and then decided to share it here? I don't understand most of y'all. Seriously, if you pay to get "insider" information on high school kids... That is a little beyond weird.

freejs

March 2nd, 2015 at 9:58 AM ^

paying 9.95 a month (or less with the deals they frequently run) is the dividing line. As opposed to most everyone else here who comes to this very site to obsessively discuss the same details. 

Seriously, shut the fuck up, you faux moralizing twat bag. 

uminks

March 1st, 2015 at 7:29 PM ^

will take 2 QBs every recruiting class. I'm sure he will end up getting one of the top 20 pro QB in 2016. Then possibly a project guy off everyone's radar!

Rodriguesqe

March 1st, 2015 at 8:51 PM ^

I have a feeling QB recuiting under Harbaugh is going to be fasciniating. Getting the QB for 2015 was a ton of fun and 2016 is crazy already. If Eason became a factor in Costello's recruting? oh man.