MLB Game DVD/Tape Trading

[rickey24]

Folks-

 

Brian asked me to post this here so we could have some discussion on the issue of DVD/Tape trading for MLB games. As a long time trader I always enjoy swapping a game that I've taped for a game that I might have missed.

 

Lately a few people have taken that a step further and posted VCR/DVD lists of games they are selling. In some cases, they're just selling the VCR tape, since they've transferred them to DVD, but in other cases, they're selling them to make a profit.

 

I understand that the selling of DVD or VCR tapes of games is illegal, and I'd like to know if someone has any experience in this area that could shed some light on the trading of tapes or DVDs for games. I'm aware of a few sites on the internet where a traders go to swap a copy of a game, and in each case the legal language that is used, is that no one gets cash, no one sells anything, but the free trade is legal.

 

I'd like to hear others chime in on this since I think having a trading area for games would be a great way for others to have copies of games they might have missed, like I did on Saturday night.

 

Rickey

[billyhallfan]

well, I assume we are talking about the last guy's post who was selling them for $5 each...I saw nothing wrong or illegal with that, he said right in his post that it was to pay for the cost of the tape and shipping, and he was making no profit. If he is just having people pay to get it to them, how is that illegal and what was wrong with it. Maybe I read it wrong but I saw nothing illegal or wrong with it.

[Brian the Automator]

"Any rebroadcast, reproduction, or other use of the pictures and accounts of this game without the express written consent of Major League Baseball is prohibited."

 

To me, the profit has no bearing on whether it's illegal or not. The above statement would seem to disallow it.

[BrewCrewForever]

I would think just trading would be okay, or no? The statement Brian wrote there could mean trading or selling. I think it would be cool if we could trade tapes.

 

I actually just started a "Brewer Tape" the other day. Im going to tape Brewer special type shows now throughout the season. I so far have the In My Own Words Bill Hall show. This Thursday they are airing the Brewers Str8up with Jenkins, taping that to.

[Brian the Automator]

I really don't think it's a big deal, but fan site have been shut down for pickier reasons. Maybe I'll shoot an email out to FSN Wisconsin.

[bjkrautk]

[Disclaimer: Me lawyer. Me not you lawyer. I'm just a caveman, and your technology frightens and confuses me. Etc.]

 

Go into rickey24's first post, and replace the word 'game' with 'song.'

 

...see the problem yet?

 

Is trading taped baseball games illegal? - Yes, probably.

 

Will MLB go after people who do it? - Only if you make it easy enough for them (by posting on a public website, for instance).

 

Doesn't MLB sell individual game downloads (through MLB.tv, or something similar)? To me, that's the larger problem than whether the participants would be making money.

(Who made money on the original Napster?)

[Brian the Automator]

If you're getting the games for free, you're not purchasing games off MLB.TV, and that's a potential revenue loss.

 

The bottom line is that if it's illegal, I can't allow it to be promoted here, no matter how minimal the risk is.

 

If someone wants to do a trading service on their own time and their own site, it's at their own risk. Personally, I don't see MLB doing much about it, but I'm in no position to tick off the powers that be...

[jhart05]

They're re-broadcasting MLB with implied oral consent, not express written consent -- or so the legend goes...

[rickey24]

If I loan a CD of the Grateful Dead to someone to copy, is that illegal? Of course perhaps the Dead aren't a good example since they allowed people to tape their live shows and trade tapes or cds of those shows. What they were against was someone selling a copy of those shows. The same is true in my mind about trading a copy of a MLB or NFL or NBA game. As long as there is no money changing hands, and the only thing that goes between the two trading parties is the CD, that really isn't a problem.

 

Then again I'm not an attorney nor do I wish to be one. When I see some of the guys from FSN I'll ask them what they think.

 

Rickey

[Brian the Automator]

[ The same is true in my mind about trading a copy of a MLB or NFL or NBA game. As long as there is no money changing hands, and the only thing that goes between the two trading parties is the CD, that really isn't a problem. ]

 

How is it different from offering music online for people to download without paying for it?

[BillScottCanRake]

The same is true in my mind about trading a copy of a MLB or NFL or NBA game. As long as there is no money changing hands, and the only thing that goes between the two trading parties is the CD, that really isn't a problem.

 

The question that has to be answered is:

 

- Is the copy of the game which is being given away available for sale?

 

If so, while you are profiting from the fact you gave away a copy of a tape, the seller (MLB, NFL, etc) is not making a sale they should have made.

 

With regard to baseball games specifically, since MLB.com sales copies of individual games, making a copy of a game for someone is taking potential revenue from MLB.

 

So, while no money is changing hands... it still has a financial impact on MLB.

[DSFastball55]

The question that has to be answered is:

- Is the copy of the game which is being given away available for sale?

 

Sure MLB offers the game downloads, but even if they didn't, it shouldn't matter. By paying for cable tv, you are indirectly paying for that game.

[RightFieldCoder]

You paid cable tv for the rights to watch the chanels in your own home. IIRC, bars and such have to pay more for cable then home owners since they have the ability to show it to more people. Paying for the service once does not give you the legal right to give away the item to whomever you want. Intelectual property is different than physical propety. You buy the right to view it, not own and distribute it. That's why losing a movie from Blockbuster costs so much. They pay for the right to distribute it, which is something like $80 per disc.

[DSFastball55]

I think maybe I was misunderstood. Someone asked whether the broadcasts are sold. What I was saying is that by paying for cable you are indirectly paying for the game broadcast....therefore it is indeed something that is being sold so you can't redistribute it. Not that you could anyway.