rt NCAA Calls Foul on Reporter's Blogging By wendy.seltzer.org Published On :: 2007-06-13T02:29:04-05:00 It's not just the pros who want control. Over the weekend the NCAA ejected a Louisville Courier-Journal reporter from a college baseball championship for live-blogging the game. Brian Bennet reports that he had been posting updates throughout the game on his Courier-Journal blog, until, at the bottom of the fifth inning, "an NCAA representative came to my seat on press row and asked for my credential and asked me to leave. I complied." Apparently, according to a memo NCAA circulated, the college athletic association believes that live-blogging interferes with its revenue streams from broadcast licenses: The College World Series Media Coordination staff along with the NCAA Broadcasting group needs to remind all media coordinators that any statistical or other live representation of the Super Regional games falls under the exclusive broadcasting and Internet rights granted to the NCAA's official rights holders and therefore is not allowed by any other entity. Since blogs are considered a live representation of the game, any blog that has action photos or game reports, including play-by-play, scores or any in-game updates, is specifically prohibited. In essence, no blog entries are permitted between the first pitch and the final out of each game. Now there are legal and policy questions here: First off, this wasn't a copyright or misappropriation claim. If the reporter had watched or listened to a broadcast and blogged details from there, the NCAA would have no claim against him (see NBA v. Motorola, where the basketball association lost just such a claim). It can't claim ownership of the facts, even if it currently makes money from selling privileged access to the facts. Instead, the NCAA was clamping down on the data through a claimed right to control physical access to the game, at least to the press box. Was the NCAA within its legal rights to revoke a press credential? Probably. The NCAA has no obligation to issue press credentials, and apart from anti-discrimination law, can condition them on whatever arbitrary terms it likes. But David Price points out another twist: The University of Louisville, where the game was played, is a public institution, subject to First Amendment limitations on the speech-limiting rules it can impose. Can it ban speech or allow others to do so on its space based on claimed disruption to a business deal? Does it depend whether a baseball stadium is a "public forum"? (Under current law, it's probably not.) Finally, there's the policy. Even if banning bloggers is legally permissible, it;s silly. Silly of the NCAA to think it can keep up this kind of control, silly of licensees to see blogs as a substitute to what they're licensing, and silly of schools to endorse and accept such policies for their student athletes' games. Exclusivity of facts is unlikely to last long in practice, as the Courier-Journal reports: "The Oregonian newspaper in Portland decided to work around the rules by blogging Oregon State's game against Michigan on Sunday off a radio broadcast in its newsroom, said its executive editor, Peter Bhatia. He said the newspaper heard no objections from the NCAA and planned to do the same yesterday." Full Article
rt ORG Report: E-Voting Is Broken in the UK By wendy.seltzer.org Published On :: 2007-06-21T02:31:37-05:00 "Slow. Expensive. Unreliable. Unverifiable." Those don't sound like the specs you'd put in a procurement document for a system undergirding electoral democracy, but they're the words Jason Kitcat used repeatedly to describe what Open Rights Group found when it observed the use of e-voting in England and Scotland's pilot trial of the technologies in May 2007. Speaking at the release of ORG's election report, Kitcat described failures that ORG's volunteer observers saw or had reported to them. In Rushmoor, a candidate reported that the online ballot mis-identified his opponent's party affiliation. In Breckland, a manual recount of non-electronic ballots initially counted by computer turned up more than 50% more votes than the e-count. At least Breckland had a non-electronic ballot to fall back upon. In fully electronic systems being adopted in other districts, a "recount" can only repeat the same tally of bits, with no certain way to detect improper recording or tampering. ORG concludes that, given the problems observed and the questions remaining unanswered, it cannot express confidence in the results declared in areas observed. Given these findings, ORG remains opposed to the introduction of e-voting and e-counting in the United Kingdom. Unfortunately, but unsurprisingly, ORG's findings mirror those of EFF and others regarding United States deployment of e-voting. In a process led by vendors, veiled in proprietary trade secrecy, with inadequate attention to the security and verification required for confidence in democratic elections, e-voting and non-transparent e-counting do not serve the American or British citizenry. ORG is taking great steps to expose the flaws and push for more accountable voting. Full Article
rt First Supreme Court brief filed in Grokster argues By grep.law.harvard.edu Published On :: 2005-01-23T16:25:29+00:00 Full Article
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rt Guide to the geology of north-central North Dakota : Benson, Bottineau, Eddy, Foster, McHenry, Pierce, Ramsey, Rolette, Sheridan, Towner, and Wells counties By search.lib.uiowa.edu Published On :: Location: Sciences Library Library- QE149.E37 no.19 1988 Full Article