Dear Barstool Sports: No You Cannot Sue The NFL For Its Non-Infringing Merchandise. Also, Relax.
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It has certainly been a turbulent year for the NFL. The league is reeling from ratings declines, accusations of political bias, its own versions of the #MeToo wave that has collided with our larger culture, and a seemingly never ending controversy over how players comport themselves during the National Anthem that essentially works as a feedback loop of outrage on every side helped along by the man holding the highest public office in our union. With that in mind, relatively small intellectual property dust-ups may seem low on the eyeball list for those following the league, but it's still worth pointing out when the league gets IP questions wrong, as it often does.Yet not every accusation lobbed in its direction is valid and the rather over the top response from one online outlet over the branding of some t-shirts is one that is not. The background on this is that Barstool Sports is a part humor, part satire, part sports blog with a turbulent relationship with Roger Goodell and the NFL. The Boston iteration of the site has been a particularly virulent thorn in the NFL's side and made much of its name when the league suspended Tom Brady for deflating some footballs. The site also pitches a line of t-shirts with the phrase "Saturdays are for the boys" on them, which I suppose is some kind of a nod to college football. Well, the NFL recently came out with a line of "Sundays are for the [blank]" line of shirts, with the blank being each of the 32 NFL teams that famously play games on Sundays. This did not escape Barstool Sports' attention.But this I cannot stand for. I’m not letting this rat fuck Roger Goodell pull one over on me. I’m not letting him stand at the podium at the Super Bowl, say he’s never heard of Barstool Sports, then start slinging SAFTB gear in the NFL.com store. That’s fucking bullshit and I wouldn’t be a man if I let it slide. I don’t know what I’m gonna do because I’m not entirely sure that this is actionable, as we don’t own every day of the week, but I’ve never let the rules stop me from making a scene before, Roger. I’ll get Charlie Kelly to draw up a C&D in crayon and I’ll go sit my ass in the lobby at Park Ave, a place where I’m banned from enter, again. I’ll have Michael Portnoy Esq bury you up to your eyeballs in paperwork. I’ll start selling so many goddamn NFL copyright infringing t-shirts it’ll make your head spin. First and foremost: bros, take a breath. Whatever the relationship between Barstool Sports and the NFL, these t-shirts are not some threat to the site's merchandise income. As for the intellectual property question here, there really isn't one. A phrase of this nature, this size, and this level of creative originality isn't going to be the cornerstone of the copyright lawsuit of the century, and that's without taking into account the NFL's large cadre of lawyers. On the trademark front, the phrases are both non-unique enough and sufficiently different so as to wave off any concerns about public confusion. There's just nothing here.But if the threat of selling copyright infringing merch on Barstool's end isn't some joke, or perhaps even if it is, such statements serve as great evidence for any willfull infringement claims the NFL might want to make against the site in the future. Some of the media coverage has included questioning what the upside for the NFL is in using such a similar phrase, which is fairly silly. The upside is selling the shirts. The real question is: what is the downside? The answer is pretty clearly: there is none.
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posted at: 12:00am on 28-Dec-2017
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FCC Announces National Roll Out Of Amber Alerts But For Cops
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The FCC has done away with Net Neutrality. In its place, we get videos of Ajit Pai mocking his opponents, served up in a melange of mishandled memes. We also, apparently, get this: a future where our lives are interrupted by push notifications that treat grown-ass police officers like kidnapped children. (h/t That Anonymous Coward)The Federal Communications Commission today added a new alert option—called a “Blue Alert”—to the nation’s emergency alerting systems. Blue Alerts can be used by state and local authorities to notify the public of threats to law enforcement and to help apprehend dangerous suspects.Blue Alerts warn the public when there is actionable information related to a law enforcement officer who is missing, seriously injured or killed in the line of duty, or when there is an imminent credible threat to an officer. A Blue Alert could quickly warn you if a violent suspect may be in your community, along with providing instructions on what to do if you spot the suspect and how to stay safe. Warning people about violent suspects in their area is somewhat useful -- a severe weather alert but for crime. But there's no reason for a system like this to prioritize crimes against police officers. Adding mere threats to the mix just adds a bunch of junk info of nearly no use to the citizens on the receiving end of these alerts. At best, people will clear them from their screen as quickly as they do interloping Amber Alerts. At worst, they'll decide to play Batman and put themselves and officers at risk by attempting to Do Something.This is being rolled out nationally, following two years of prep that commenced after the passage of the Rafael Ramos and Wenjian Liu National Blue Alert Act, named after two NYPD officers who died in an ambush attack. It's a DOJ initiative, but one that requires the assistance of the FCC to utilize the national Emergency Alert System. The FCC is also there to nudge wireless providers towards compliance with "voluntary" guidelines for pushing these alerts to cell phone users.At this point, 28 states have already implemented some form of "Blue Alert" system. The national roll out will encompass the remaining states and US territories. That's what the FCC is announcing: the use of two alert networks to tell people cops are in danger.Today's Order provides a 12-month implementation period for Blue Alerts to be delivered over the Emergency Alert System and 18 months for delivery over the Wireless Emergency Alert system. This bill should never have been made law. There's nothing out there that suggests distributing this information outside of law enforcement networks will have any net safety benefit for the public. Taking it nationwide only adds to "Alert" market saturation. Cops have strong support systems and plenty of firepower on their side, unlike missing seniors (Silver Alert) or kidnapped children (Amber Alert). And, unlike targeted weather alerts, a Blue Alert offers up almost no information usable by the general public. If a suspect is still on the loose, the most beneficial information is only implicit: cops are searching for a suspect who hurt/killed one of theirs. For citizens in the area, the best option is to shelter in place. That way they (and their vehicles) won't be mistaken for suspects' and filled with bullet holes.In all seriousness, the Blue Alert system only serves one purpose: to elevate law enforcement officers above the people they serve, granting their victimhood a higher status than that granted to their fellow citizens.
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Nov/Dec 2017 Magazine
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Cover Story - MultiValue Industry End-of-Year Recap
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Nov/Dec 2017 - MultiValue Industry End-of-Year Recap
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Recent years have moved technology deeply into the day-to-day of nearly every culture. We've asked some key influencers in the MultiValue world to talk about how they moved their products forward in 2017. They also talked to us about where they'll be focusing in 2018.
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