Sling Media, MLB Headed for Court?

By Ed Oswald | Published June 7, 2006, 4:58 PM

Major League Baseball seems headed for a showdown with Sling Media after a panel discussion at the Digital Media Summit in Los Angeles turned contentious Tuesday. The league claims that Slingbox users violate their user agreements by "placeshifting" content.

The heated discussion highlights a larger issue that is pitting content providers against device makers who produce products that allow for the portability of content. However, Sling Media claims it is different since the content is only viewable by one person, and is not permitted to be stored in any way.

George Kliavkoff, executive vice president of business for MLB Advanced Media, says that the league only sells transmission rights for a specific geographic region. Thus, the league wants users to pay for the right to placeshift, or it would be considered stealing.

But Sling Media marketing vice president Rich Buchanan argued that is simply not the case under the law. Since the consumer has already paid once for the rights to view the content at home, the law gives him or her the right to view it in any location they choose.

While no official statement has been made by MLB regarding plans for a possible legal battle, Sling Media is confident it could prevail in any courtroom fight. The company says it would be hard to argue that a customer should pay twice for the rights to programming.

Additionally, the league runs the risk of alienating fans at a time when viewers are increasingly turning to other sports, such as hockey and NASCAR, which have seen increasing popularity in recent years.

News of the confrontation was first reported by CNET News.com on Wednesday.

Comments

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only sells transmission rights for a specific geographic region


what idiots (!)

they sell advertising space dont they ???
so the companys are getting more coverage then they originally paid for - what the heck are they complaining about

what if someone video tapes something - are we going to see border checkpoints - searching for video tapes

get real ... if the customer has paid for it - they should be able to do what the heck they want with it (short of redistribution)

... and still whats wrong with redistribution - WE would be doing the distributing for them - so even more people get to see the adverts

makes me mad that media companys are so short sighted - its the 21st century - wake up !!!

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Outstanding comment! :)

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And that's why YOU are not the CEO of a media giant.

There are rules when you deal with media. If customers can do whatever they want, they would squash advertising dollars, and that pays for that content in the first place.

And you are overlooking 1 small little detail, which tells me, you are just spouting your opinion without actually using the device..

You SIGN an agreement. You AGREE to abide by the rules of MLB and Slingmedia. You don't have the right do whatever you want, because you don't OWN the rights.

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In New Orleans people are using this to get TV from their flooded homes to FEMA trailers. I use it to get TV to my office.

AMAZING device.

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Of all the things in the world that NEED timeshifting, it's baseball...

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Yeah baseball sucks. I wonder who's going to be in the playoff's this year...probably the Yankees...

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Betanews proud sponsors of Slingbox...

How many more "sling" stories are we going to have this week? Does anyone actually care? How much are Betanews getting for this???

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It's not news for profit, its just news. CNN, Yahoo, Foxnews, BBCnews..they all do the same thing..

This is just regurgitated to be "TECH" news or news that is interesting to us.

Sometimes, it seems rediculous, but its no worse than other news sites. No one is forcing you to read it. Maybe some of us *DO* care even if you don't.

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This is an extremely important topic and touches on a longstanding debate in the tech industry: fair use.

The broadcasters want you to pay twice for streaming your TV signal to another device. Let's see how you react when Comcast wants to bill you for recording shows to TiVo or with a DVDR.

The broadcasters are saying that just because you pay for it, doesn't mean you own it. This is what the music industry is saying as well. You pay for a license to the music, but you don't get to do what you want with it.

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bravo! Tell em! People can't figure this out..

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WTG, nate! Well said.

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Well from what I can tell, this violates sports agreements, where a game is played, and a blackout would occur. You may pay for a game in Arizona, and then Watch it in Atlanta. If however Arizona Plays Atlanta, in Atlanta, and the game does NOT sell out, that would be a violation of MLB rules banning their agreement with local affiliates who show the game, and that would be in direct violation of the blackout.

So you could pay for content, but you can't watch it, because you registered in Arizona and thereofore Arizona laws apply, but only in Arizona. I think the MLB is justified, is it their franchise, not Sling Media.

Sling media is going to have their a** in one, if they keep playing hardball with a company that has more money than probably any other sport. They should just go along with whatever MLB says, otherwise they are looking at a very big curve ball.

That's why these geographic arrangements exist to prevent the largest markets from getting screwed.

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A court case is needed, since placeshifting does not hurt anyone. Especially if you use your own tv service to placeshift. If someone was sharing their user info, that would be a different story, but I should have the right to view my local content if I am visiting another area.

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Yes, you do have the right. But in your Geographic area, the rules are different. Maybe viewing games in Arizona has a different set of policies and rules for MLB games than does Atlanta.

Atlanta is the largest market for baseball anywhere (not fan base, tv viewership). That is a FACT. TNT/WTBS were at one time pretty much the only cable channels that were broadcasting MLB games. Chicago, the next biggest MLB arena, is WGN another huge cable tv channel. That's why they are considered the largest. People in Los Angeles can watch Atlanta Braves and Chicago Cubs ALL the time, but Atlantan's and Chicagoans cannot watch Los Angeles games, because they aren't televised.

Now, you bought the rights (and once again, people don't READ) and were supposed to AGREE to the RULES. Maybe part of those rules stipulated that these rules *ONLY* apply in Arizona, while IN Arizona. So your argument will be moot, if that is the case.

A court case is indeed necessary as you say. I think MLB has the rights to their games, since its THEIR network that is being broadcast with THEIR permission on Broadcast channels, and SlingMedia is a RE-Broad cast of that content. They don't make the rules, they FOLLOW an agreement, just like *YOU* did when you signed up for the service.

SlingMedia thinks its no big deal, but ALSO just like everyone else, they aren't looking at the larger picture.

Your local content may involve another geographic arrangement in ANTOHER state (different state, different rules). CBS may be a larger segment in Arizona. The Arizona Team has rights with CBS in ARIZONA. Their affiliate, doesn't mean squat to TBS/TNT which have exclusive rights to games in Atlanta. So your local content is trumped by the incumbent affiliate, while you are traveling in Atlanta, and you have to follow THOSE rules.

This scenario would apply as your local content, *if* Arizona was playing *IN* Atlanta. Certainly, if this were an Arizona home game, your local content (Arizona) would take precedence since it would apply as a home game, and therefore your home geopgraphic region. When in Rome. . . . .

I will bet a dollar to a donut, in the agreement somewhere, there is a small print which reads something like:

"May not be available in ALL areas".

What does that mean? It means that at ANY given time, the MLB reserves to right to turn off your content to a game, at ANY time, because that's THEIR sport. They own the rights, the teams, and they govern its use.

If you signed up with SlingMedia.. you ALSO agreed to THEIR terms, which means, Slingmedia has to follow the SAME MLB rules.

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Actually, the Slingbox is simply a DEVICE owned by the user. Sling Media does nothing but sell the device. You as an individual are using the device to do the rebroadcasting to yourself.

This is no different than accessing a Windows Media Center machine's content over your local network. The Windows box is streaming it to another system, Microsoft is not involved and you as an individual are doing the rebroadcasting.

And as an individual, THAT should be covered under fair use. You SHOULD be able to rebroadcast whatever you pay for as long as it's still for your own personal use.

This is why companies like Microsoft and Intel are fighting for managed copy and other technologies that will ensure we can watch DVDs on our PCs and laptops. We cannot let our fair use laws be trashed by folks like MLB.

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what's next?

a cable agreement that charges depending on how many people are watching your tv at once? maybe get snitched on by your neighbors for having a big game party, and letting several people watch the game without paying.

tired of these companies looking for ways to extort the comsumer

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Excellent point. Sling is not in the content business. I should as a paying cable subscriber, be able to view that content on the road if I am travelling. I can understand MLB's point of view, since they sell subscribtions to MLB.tv, but as a paying consumer whose cable or satellite fees go in part to sports teams, I say piss off MLB or whatever league wants to tell me what to do with content I legally acquire.

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Many of the people that use it though, probably wouldn't pay for it otherwise. So in reality, MLB is boosting their viewers.

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Like I've said on other forums. The professional sports organizations are greedy. MLB going about Sling; NFL is starting to take content private. It's all about trying to squeeze the fans for more and more money. I agree whole heartedly that it is their content and they have control. However, I do not agree that they should be able to fee us to poverty to watch their content. If I pay my cable bill, I should be able to watch my signal WHEN (VCR, DVR, iPod, etc.) I want; I should be able to watch it WHEREI want (iPod, portable DVR, Tivo, Sling, etc.); I should be able to watch it HOW I want (color iPod, b/w iPod, in my car, in my hotel room, while standing on my head, while in my hot tub, etc.). All of this just as long as I don't violate fair use and copyright.

Now, if the deep pocketed leagues can buy enough influence with the government to get laws and court cases to favor them in these areas, that's fine. I won't be a consumer of their contect. Period. I watch less and less NFL, NBA, NASCAR and especially less MLB. I couldn't care less most days who is in whatever playoff. I'll simply save my dollars to buy a good book or good video game. That is until those publishers want to charge for every eye ball or bit.

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Yes they are greedy. I agree. One reason I quit watching sports, pretty much. The strike.

I am not happy about it, I am agreeing with you.

But MLB owns ALL rights. That's how it works. Yes, you SHOULD be able to do it easily with no mess, but these greedy bas****s have us over a barrel.

Also, keep in mind, you AGREED to THEIR terms, that's all I am saying.

Go back, read the agreement..

2 lines will be there.

"Subject to terms and may change without notice"

"MLB has sole/proprietary rights to ALL baseball games, and may not be available in ALL areas".

PERIOD!. You agreed, that's it. Greedy or not, THEY will win.

End of story. I am not the jury or judge. So don't argue with me over this, I know how this will end up. I have see this before, and MLB will win this, and the next, and the one after that. THEY *OWN* Baseball. They have a right to do with it as THEY see fit.

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Slingbox is a device. They also agreed that when they sell such a device, the FCC has rules. One of those rules say that they will NOT infringe on broadcast or owners rights.

MLB owns the rights to baseball games. If slingbox can't abide by those rules of MLB, then their device will get pulled. that's it.

That's what WILL happen. I agree with you, it should be easy, simple, and no big deal. MLB are extremely anal.. they do have valid reasons, for one, Las Vegas.... They make gobs of money, but they won't pay a dime for baseball games either, so they rebroadcast in the casinos. MLB doesn't like that, so these rules are in place to prevent bars, restaurants, casinos, etc.. from making huge money off a FREE broadcast.

Yes, I can hear you now.. what's the big deal? I AGREE! I am on your side. I am just saying this is the way it is. I totally agree with you, 100%. But MLB has the right to do with their games as they wish, greedy, dumb, lame, or not. Fair use, is just that. Fair. But its not FREE, when it comes to someone else's property.

Slingbox will lose, because they see things from the consumers point of view. Another reason why we can't have simple things in life, because stupid Lawyers. Everyone wants to make a buck.

Did you know, its illegal to sell lemonade on the street? Yeah, kids, c'mon kids.. can't even make a quarter selling lemonade. Stupid stuff like this, angers me. since minors can't enter into a contract, they cannot have a business license. Some states prohibit selling any item, even for 10 cents, unless you have a business license. Yeah, thanks law makers!

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