Friday, April 10, 2009

UPDATE: No NSI Ticket Giveaway

AWKWARD!

We sincerely apologize for the inconvenience that this has caused anyone.

This afternoon, MLB Advanced Media legal counsel served up a cease and desist letter regarding the contest we were going to run for a pair of free tickets to the Yankees game on May 20. Apparently if you check on the back of your ticket, there is a clause preventing promotional giveaways without the express written consent of the New York Yankees. Lesson learned.


The lawyers at MLBAM also served up a cease and desist to remove the inaugural season logo from the header of the blog. We obviously obliged. While this is within the legal rights of the MLB, it can also be seen as a case of the Yankees and MLB flexing their muscles to try to prevent us from what they perceive as controversial writing.

There is a decent chance that they caught wind of the contest after we contacted the Yankee media relations office while researching a story that we are working on this weekend. Or perhaps they caught wind after we were quoted in the New York Times today.

Unfortunately, the story that we are working on this weekend does not cast the Yankee franchise in the best light. Earlier today, we requested official comment for the story from the Yankees, in order to allow the Yankees to share their feelings. The Yankees did not respond, but shortly after we sent the email, the MLB legal team went after us for naive mistakes that we had made while running the blog. So much for trying to research a story in a professional way. Perhaps the Yankees would rather that we just aggregate stories that are churned out out by their PR machine the mainstream media. Maybe this is all just a funny coincidence.

On a personal note, I told this story to my girlfriend, who knows about the piece that I am currently working on. While the piece is not groundbreaking, it does feature firsthand reporting that I have done in my spare time. In my opinion, it will make people think a bit about the franchise they they dedicate much of their life supporting. My girlfriend suggested that maybe I should back off, and that I shouldn't go down this road, since the blog is only a hobby. After all, if the MLB decides to throw a frivolous lawsuit my way for amateur web design and contest mistakes, I won't have the time, or the money to deal with it.

I'd like to take this opportunity to send the message to the Yankees and MLB that while they have the right to legally protect their trademarks, if they are trying to suppress my voice, it will not work. I don't need ticket giveaways or the Yankee inaugural season logo to share my opinions and research stories, controversial or otherwise. I have learned from this and will continue to write what I feel needs to be written in a responsible (if sometimes opinionated) way.

Comments (17)

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Put those bad boys on Stub Hub!!
moot chamberlain's avatar

moot chamberlain · 833 weeks ago

Give the tickets to me ! And even as a Yanks fan i think you should expose them , they really don't care about there fans its kind of upsetting. By the way your blog is the shit , i have been a long timer viewer but never really posted . Great stuff oon here keep up the work
More and more the Yankees are coming off as an organization that is totally Heartless and not caring about the everyday longtime fan,
If I was a small child and these stories were the first things I ever heard about them I would never be a fan. And along with the stories about the way the Mets are treating Little Leaguers being reported by Ralph Blumenthal of the New York Times, I would say I would not be a Baseball fan at all.

http://www.nytimes.com/2009/04/05/sports/baseball...
Fake Ian Kennedy's avatar

Fake Ian Kennedy · 833 weeks ago

I agree with moot chamberlain and NutballGazette. I'm not sure how a giveaway constitutes anything illegal. If you had five friends (hypothetical, obviously) and you said, "Hey guys, I can't decide who to give the tickets to, so if one of you can guess closest to the attendance for opening day, you get the tickets," how is that any different?

Obviously the Yankees and MLB have more reach and experience to argue against this point, and would probably win, but as previous posters have stated, it's just another way for them to step on what is meant as a kind gesture to Yankee fans, and fans of your blog.

I swear, if I hadn't grown up a Yankee fan and I didn't love baseball so fucking much, I would become a hockey fan tomorrow. It's almost too disheartening to be worth it anymore.
Wear it as a badge of honor. It means the blog gets noticed.
I feel your pain (if you've read my book you know what I mean). But I thought I'd stop by to say congrats on the mention in today's New York Times. Cool!
1 reply · active 833 weeks ago
Thanks so much, Jane!

It was pretty cool.

Best -

Ross
Yeah, you tell it like it is! Don't let the Man (or the Girlfriend-Man) put you down! You get that important news out there, no matter what it takes! It only takes one courageous voice to spark a revolution! Etcetera!

It's awesome to finally have a media outlet that doesn't just report what the Yankees PR machine says. Well, the non-ticket-office part of that machine anyway. It's good to see that you're gonna get some hard-hitting content out there after deciding to "test your limits", "change the world", and take this reporting thing SERIOUSLY approximately two weeks ago.
4 replies · active 833 weeks ago
(However, I will grant you that not being able to GIVE AWAY tickets or use their stupid logo is really dumb.)
I've been trying to figure out the true meaning of this post for hours. I'm feeling like it is mostly sarcasm, but if not, thanks for the encouragement.

Ross
Let's just call it "snark-casm". :) But keep up the good info, anyway.

The back of my ticket from Wednesday's Yanks/O's game (ugh) says the same thing. You're apparently also not allowed to talk about the game, I think. Or maybe just not over the phone, since it uses the word "transmission". I guess you could take issue with whether this is "promotional" based on whether you actually make money off this blog. I'd guess they'd believe you were, if only based on those affiliate links down at the bottom. There's probably some clever loophole you can use to get around it.

I'm surprised they don't go after more blogs for writing accounts of games when I doubt they have "express written consent". There was an FTC complaint about this a few years ago, if I recall, but I don't know what came of it:
http://arstechnica.com/tech-policy/news/2007/08/f...

Ever think of making your blog the BoingBoing of sports? :)
Haha. It is probably the google ads that I have on the page. But yeah, I'm not sure how I would stand to make money off of paying my own money for tickets and then giving them away. Either way, I will abide by their rules, especially if they are plainly written in black and white on the back of the ticket!

As for the Boing Boing thing, I had never heard of them until now. With the amount of time I spend on the internet, I'm surprised. That being said, I think my focus is a bit too narrow.

Thanks for the comments, and don't feel bad about snak-casm (that sounds dirty) - it keeps us all level-headed.

- Ross
I think you are making a lot out of nothing here. I wrote for MVN's The Bronx Block for a while, and had the same exact thing happen- posted a contest with tickets as the prize, plus a t-shirt we designed that had a Yankees logo (one damn t-shirt), and were contacted by MLBAM and informed, within hours, that we could not use the logo nor give away the tickets. I was not writing anything subversive or incriminating. I actually applied for an internship with MLBAM LEgal this summer (they cancelled their program at the last minute) and they told me that this would have been a large chunck of my duties. It is not specific to the Yankees, it is standard operating procedure.
4 replies · active 832 weeks ago
I actually didn't make a big deal out of it. I just thought that it was curious that it happened on the same day that I was quoted in the NY Times, and the same day that I had emailed the Yankees media relations office about a story I was researching. Like I said, it was well within their legal rights to serve up the cease and desist letter, and I cooperated immediately. The overarching theme that I drew from this is that the Yankees finally caught wind of my blog, and aren't happy with what they see. What better way to put scare into a mere blogger than by sending official legal documents? My point in this post was to inform everyone involved that if they think frivolous legal mumbo jumbo is going to stop me from doing what I do, they are dead wrong.

Perhaps it was just standard operating procedure, but since there were some strange coincidences involved, I thought I would clear the air immediately - thats just how I roll.
And my point was that they did the same thing, with the same zeal and alacrity, to a blogger who was not writing anything that would make them want to scare him. Once you drew attention to yourself, as I did by posting links to my contest on every blog out there, they were quick to protect their rights, as they always are.
Valid points. I certainly hope that they are just playing things by the book.
Yeah, I can see why you would think they were after you- when your voice shows up in a critical article in the Times, the team is certain to take notice, although I am sure that someone had noticed you already.

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