From Portage Northern.
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|6 days 3 hours ago||No, the definition has not||
No, the definition has not "been changed." A few dictionaries -- the vast minority -- added a second definition to acknowledge a widespread common misuse. While it infuriates me that even a few dictionaries have included this incorrect secondary definition, the vast majority of dictionaries continue to recognize only the correct definition.
|6 days 6 hours ago||Such a good article. But||
Such a good article. But then I get to the end, and all I can think about is this:
Our offensive line is literally one giant question mark.
[To be clear, the "aaaargh" is about the misuse of the word "literally," and not the state of the offensive line, the correct reaction to which is *whimper*]
|4 weeks 3 days ago||The US is out if they lose||
The US is out if they lose 1-0 and:
Ghana wins by two goals, or
Ghana wins by one in a goal blizzard (3-2 at least)
Portugal wins by five
Unfortunately, this is incorrect. If we lose 1-0 and Ghana wins 2-1, we're out based on total goals scored (tiebreaker after goal differential).
|5 weeks 6 days ago||You have to bear in mind that||
You have to bear in mind that courts have already ruled that even professional baseball players don't have a "right of publicity" in connection with their in-game performances. This obviously doesn't mean that pro athletes don't get paid -- they get paid because they can refuse to perform at all unless they get a paycheck. That is what should really be at the heart of the issue here.
Saying that college athletes, like pro athletes, don't get to sue TV stations for broadcasting an event that took place before tens of thousands of people doesn't mean they shouldn't be paid at all. It doesn't mean that they shouldn't be able to collectively bargain with the NCAA for salaries, etc.
|5 weeks 6 days ago||Fair point. Certainly the||
Fair point. Certainly the reason that access to the stadium is valuable is because a game is going on there,
|5 weeks 6 days ago||Apples and oranges. If I||
Apples and oranges. If I control a facility that seats 100,000 people, I can refuse to admit you unless you agree not to film what goes on and sell said film. That doesn't mean that if I appear before 100,000 people I am not appearing in "public."
|5 weeks 6 days ago||No problem, it's nice when||
No problem, it's nice when the weird stuff I deal with at work is actually a subject of interest.
To be clear, no court has ever expressly addressed the question of whether the First Amendment trumps a player's right of publicity for purposes of the broadcast of a game -- I'm giving my prediction of how that will turn out based on analogous cases, but I feel pretty confident in it.
The only case to actually involve athletes claiming that they had a right of publicity interest in broadcasts of a game was decided back in 1986. In that case, a federal appellate court held that a ballclub's copyright interest in the telecasts preempted the players' right of publicity--it didn't get into the First Amendment issue. I think that the decision in that case will be a problem for O'Bannon as well, though as BiSB notes in his post, there are some factual differences (most notably the explicit employment relationship between pro athletes and the ball clubs).
|5 weeks 6 days ago||The antitrust argument comes||
The antitrust argument comes into play with regard to the contract they are forced to sign, which gives the NCAA the right to use their images even on products -- a use that is not protected by the First Amendment.
The First Amendment issue is a broader one -- is you appear in public and participate in what you know to be a newsworthy event, you don't get to complain when someone puts that newsworthy event on TV, much less demand compensation after the fact. This rule applies to everyone, not just NCAA athletes.
If you want to say that NCAA athletes should be able to refuse to participate in those events in the first place without getting paid by the NCAA for their performance, that is certainly a different issue. But that doesn't mean that, once having chosen to participate, they can retroactively demand payment from everyone who broadcast the game.
|5 weeks 6 days ago||Yes, but this is a resolved||
Yes, but this is a resolved issue. Courts have recognized that every expressive work is "commercial" to the extent that it is being sold. But the law recognizes a difference between creative (or newsworthy) works like films, television shows, books, etc -- even though the purpose of such works are to make a profit -- and "purely" commercial works such as advertisements and products (ie, Denard's face on a t-shirt). Films and television broadcasts get a lot more First Amendment protection even though, like everything in our capitalist utopia, they are sold for a profit.
|5 weeks 6 days ago||FWIW, the NCAA has argued||
FWIW, the NCAA has argued that they don’t sell the rights to the broadcast; they simply sell the right to access the premises. Seriously. They argue that ESPN pays the SEC a gajillion dollars for the right to put cameras in the building. The ‘broadcasting football and running ads’ thing is just a nice little bonus.
If you understand copyright law, this is not an absurd argument -- in fact, it is 100% correct.
The NCAA cannot sell the "rights" to a football game, because no one possesses "rights" to a football game. There is no copyright interest in the football game itself -- the game is not scripted in any way, it is not fixed in a tangible medium before the players go out and play, etc. The copyright exists only once the game is filmed, and the copyright subsides in whoever did the filming. So if the NCAA wants to give ABC, for example, the copyright interest in a football game, the only thing they can do is give ABC sole authority to film the game in the stadium.
As for whether the athletes have a right of publicity in connection with the use of their image in an in-game performance, it's really doubtful. Courts have previously held that the copyright in the telecasts of major league baseball games preempts the Players' rights of publicity in their game-time performances. http://openjurist.org/805/f2d/663/baltimore-orioles-inc-v-major-league-baseball-players-association
Also, the right of publicity is sharply circumscribed by the First Amendment, so it only can be used to prohibit commercial uses of a person's image -- ie, in advertising or on a product -- and not "expressive" uses (eg, use in a film or on a television show). The filming of a public sporting event for broadcast is an expressive work. Once a player voluntarily agrees to perform at a sporting event, in public, he loses the right to complain or demand payment for the display of that public performance.
|13 weeks 2 days ago||Brilliant.||
|13 weeks 2 days ago||"This issue is NOT about||
"This issue is NOT about politics. It is about States Rights."
This issue is NOT about sports. It is about football.
This issue is NOT about physics. It is about string theory.
This issue is NOT about sex. It is about cunnilingus.
This issue is NOT about oxymorons. It is about jumbo shrimp.
|13 weeks 2 days ago||All Jewish alums living in||
All Jewish alums living in the Northeast are very happy. Looking forward to a Yom Kippur break-fast tailgate. Calling sunset for 5 pm that night.
|14 weeks 2 days ago||Good to know. I am||
Good to know. I am definitely a believer in advanced statistics informing our analysis of sports, yet every time I hear people claiming that statistics show there is no such thing as a "hot hand" or a "clutch performer" I have to stifle the urge to yell that they must have never played a sport in their lives, and scream at them to get off my lawn.
At the risk of coming off like a 60 year old print journalist, I do think that anyone who has ever played a sport knows that there are some days that you are "on" and some days that you are "off" -- the ball feels right in your hand and it seems like you can throw a watermelon through the basket, or everything feels discombobulated and the easiest lay up is no given. It never seemed to make sense when people insist that, if a player is a 40% three-point shooter, the next shot has a 40% chance of going in, regardless of how the player is performing on a particular day. Nice to have some actual analysis backing up my gut feeling.
|14 weeks 6 days ago||Yes, let's go back to||
Yes, let's go back to rebanning politics immediately after I've said something silly so that no one can call me on it.
If you really think that Jason Collins, who was in the league for 12 years and was the last player to try to call attention to himself, came out for "greater fame," I don't know what to tell you.
If you think that Michael Sam, who was solidly projected as a third round draft pick, came out for "greater fame," despite the fact that a number of anonymous GMS have admitted that they would be less likely to draft him because of potential locker room issues, I don't know what to tell you.
You say you don't want to hear "announcements" about players coming out, but you don't think that if a player started dating men openly and publicly there would be a million news articles and Internet reports on it? You don't think that NFL teams would have learned that Michael Sam was gay, after he came out to his teammates?
If something is going to become news anyway, it is perfectly appropriate for a player to make the announcement on his own terms, rather than have it come out through rumor and innuendo. That doesn't make the player a fame whore. Hopefully someday it will be the case that a player being gay is not news at all, rendering announcements unnecessary, but we ain't there yet.
|16 weeks 5 days ago||Even if we didn't get the||
Even if we didn't get the charge call, we had the steal. It will be ridiculous if there's any controversy about that call.
|16 weeks 5 days ago||Dear god, I love this team,||
Dear god, I love this team, but they sure like to give me agita :)
|17 weeks 5 days ago||Me too. And then I felt||
Me too. And then I felt ashamed. Really ashamed. Really, REALLY ashamed.
And then interested ...
|18 weeks 1 day ago||I wouldn't want McGary to||
I wouldn't want McGary to come back unless those-who-know have great confidence that he is healthy enough -- don't risk your future for our sakes, Mitch.
Even if he was completely healthy, I probably wouldn't want him to come back during this tournament -- it takes time to (re)develop chemistry, and there is no need to mess with a rotation that has been great for us this year.
That said, the one scenario in which I would possibly want McGary to come back during the tournament is if we play MSU in the finals -- after what happened on Sunday, I think the need for a more powerful inside presence against those guys outweighs the risk of adversely affecting chemistry.
|18 weeks 1 day ago||Amazing article, and great||
Amazing article, and great highlights. For some reason my computer froze when I was about halfway through the article. Oh well, I'm sure I didn't miss anything worthwhile.
|18 weeks 3 days ago||Absolutely.||
|18 weeks 3 days ago||Yes, if we lose to Wofford it||
Yes, if we lose to Wofford it will be all my fault.
Setting aside the fact that absolutely nothing I post will have any effect on the result of Thursday's game, do you really think that Beilein and his staff are going to spend the next three days exclusively scouting Wofford, and are not going to watch any film of either Texas or ASU until Thursday night? If so, you are very, very wrong. I just think it's strange that its OK for our coaching staff to think a little bit about potential second round opponents, but god forbid someone on a message board ask a question about one.
Also, I assume that you also called out Brian for daring to mention to #1, 2 and 4 seeds in our region on the main page, since they are all irrelevant right now and he is just tempting the karma gods. Everyone knows that once the NCAA brackets come out you have to ignore every aspect of them other than your first round opponent.
|18 weeks 3 days ago||Fortunately none of us||
Fortunately none of us actually play for the team, so if we look ahead to the second round it will have absolutely no impact on what happens on Thursday.
I'm curious why it is apparently no problem for everyone to assess the strength of the 1, 3 and 4 seeds in our region, yet people are jumping up my ass for asking about a 7 seed who I assume Kenpom will give us approximately a 60% chance of actually playing.
|18 weeks 3 days ago||Thanks. Those rebounding||
Thanks. Those rebounding numbers scare me. Go ASU, I guess.
|18 weeks 3 days ago||Didn't mean to suggest that||
Didn't mean to suggest that Texas is a lock, or even a good bet, to beat ASU. Just that I have a better sense of who ASU is, and while I respect them I'm not overly concerned that they pose a potential matchup problem for us. Just trying to get a sense of a team that I know less about, and whether they are particularly built to take advantage of our weaknesses.
|18 weeks 6 days ago||'We will win by turnover if||
'We will win by turnover if we have less than seven tens.
|19 weeks 5 hours ago||You've posted the same thing||
You've posted the same thing in two threads now. Are you a self-appointed moderator?
And you're incorrect. The presence of an open thread to discuss the BTT generally does not preclude a specific thread to discuss our next opponent after a game ends.
|19 weeks 6 days ago||I am so confused right now.||
I am so confused right now.
|21 weeks 2 days ago||Seven's the key number here.||
Seven's the key number here. Think about it. 7-Elevens. Seven dwarves. Seven, man, that's the number. Seven chipmunks twirlin on a branch, eatin' lots of sunflowers on my uncle's ranch. You know that old children's tale from the sea.
|23 weeks 1 day ago||I can't decide if your post||
I can't decide if your post would have been funnier or less funny if you added a /s at the end of it.