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Bengals Sue Blogger (1 Viewer)

westbrook36

Footballguy
Stripe Hype is a Bengals fan site that the Bengals have threatened to sue because of images on the site. :lmao: The lead blogger David is pissed. Here is what he wrote from another board.

Well, this will be my last posting to this board, and to my blog. The Bengals, who won't acknowledge bloggers as a legitimate news source and have denied every request by any blogger for media credentials, has threatened to sue stripehype.com for using "copyrighted material". They claim using pictures of players with their Bengals jersey in our header was infringement of their copyright. However, in the properties of the image, we indicate that where appropriate, all rights reserved by the Cincinnati Bengals, or gave credit to websites where PUBLIC DOMAIN images were used.

We were also giving away an autographed Ben Utecht Jersey on June 1st. However, since the promotion said "Win a Cincinnati Bengals Ben Utecht Autographed Jersey" we were told we were infringing upon the name "Cincinnati Bengals". A privately bought jersey, autographed by a player on his own time, was copyright infringement. I guess if you sell something on EBAY that says Cincinnati Bengals, you better watch out.

Bloggers aren't legitimate media outlets, but using the words Cincinnati Bengals to describe a jersey is a legitimate target for the threat of a lawsuit. Funny thing is, we've been in touch with Media Director Jack Brennan off and on for three months, having asked for his input on the site, asking for any comments, and yet his only reply that was that the Bengals did not grant media credentials to bloggers. I will state, however, in Mr. Brennan's defense, he did offer to be a reference for me when I contacted player's representation looking for interviews. I do appreciate that. I did send Mr Brennan an email this morning that was harsh, and he was a gentleman in his response. He states that the PR dept has nothing to do with the legal department, in which I agree. However, I don't agree that the Bengals have a one voice policy, as Marvin Lewis states. The PR department has a voice of "bloggers aren't really that important to us" and the legal department has a voice that says "we want your money, we'll threaten you, the small independent blogger and try to scare you".

For the record, fansided.com owns the site stripehype.com. I was a volunteer fan blogger. They took down the images and otherstuff as quickly as they received the letter, without attempting to defend the use of the imagery. Had I truly had full technical control, that stuff would still be up and the Bengals could spend all the time they wanted trying to sue.

Good luck supporting a team that had a lousy draft (watch the videos of rookie camp and see ole fatboy in the 99 costume go through drills, and tell me they picked a solid player. (He put forth NO effort in drills, when compared to his fellow teammates). Ya'll keep swallowing the Koolaide they're giving ya. I'm gonna go root for a team that actually tries to get better, makes solid free agent deals, and drafts like they want to win.

Go Browns!
The damn Bungles ruin everything they touch. They already make billions, but they want to hold up a small little fan site. Somebody just blow up that sorry franchise. They are pathetic in every way.
 
Wow. Even though my Niners aren't doing so well, I'm still thankful my team isn't at Cardinals or Bengals level of incompetence.

 
Stripe Hype is a Bengals fan site that the Bengals have threatened to sue because of images on the site. :P The lead blogger David is pissed. Here is what he wrote from another board.

Well, this will be my last posting to this board, and to my blog. The Bengals, who won't acknowledge bloggers as a legitimate news source and have denied every request by any blogger for media credentials, has threatened to sue stripehype.com for using "copyrighted material". They claim using pictures of players with their Bengals jersey in our header was infringement of their copyright. However, in the properties of the image, we indicate that where appropriate, all rights reserved by the Cincinnati Bengals, or gave credit to websites where PUBLIC DOMAIN images were used.

We were also giving away an autographed Ben Utecht Jersey on June 1st. However, since the promotion said "Win a Cincinnati Bengals Ben Utecht Autographed Jersey" we were told we were infringing upon the name "Cincinnati Bengals". A privately bought jersey, autographed by a player on his own time, was copyright infringement. I guess if you sell something on EBAY that says Cincinnati Bengals, you better watch out.

Bloggers aren't legitimate media outlets, but using the words Cincinnati Bengals to describe a jersey is a legitimate target for the threat of a lawsuit. Funny thing is, we've been in touch with Media Director Jack Brennan off and on for three months, having asked for his input on the site, asking for any comments, and yet his only reply that was that the Bengals did not grant media credentials to bloggers. I will state, however, in Mr. Brennan's defense, he did offer to be a reference for me when I contacted player's representation looking for interviews. I do appreciate that. I did send Mr Brennan an email this morning that was harsh, and he was a gentleman in his response. He states that the PR dept has nothing to do with the legal department, in which I agree. However, I don't agree that the Bengals have a one voice policy, as Marvin Lewis states. The PR department has a voice of "bloggers aren't really that important to us" and the legal department has a voice that says "we want your money, we'll threaten you, the small independent blogger and try to scare you".

For the record, fansided.com owns the site stripehype.com. I was a volunteer fan blogger. They took down the images and otherstuff as quickly as they received the letter, without attempting to defend the use of the imagery. Had I truly had full technical control, that stuff would still be up and the Bengals could spend all the time they wanted trying to sue.

Good luck supporting a team that had a lousy draft (watch the videos of rookie camp and see ole fatboy in the 99 costume go through drills, and tell me they picked a solid player. (He put forth NO effort in drills, when compared to his fellow teammates). Ya'll keep swallowing the Koolaide they're giving ya. I'm gonna go root for a team that actually tries to get better, makes solid free agent deals, and drafts like they want to win.

Go Browns!
The damn Bungles ruin everything they touch. They already make billions, but they want to hold up a small little fan site. Somebody just blow up that sorry franchise. They are pathetic in every way.
Don't feel bad. I had on my online resume that I worked on the buffalo professional hockey league franchise's website (not the current one, a previous incarnation), which I did as part of the team (I was the lead developer on the project) at ChoiceOneOnLine (now out of business). I got a call from the team's lawyer saying they would sue me if I didn't remove it from my resume, since the team name is trademarked. Are you kidding me?
 
Wow. Even though my Niners aren't doing so well, I'm still thankful my team isn't at Cardinals or Bengals level of incompetence.
Yeah, I am a Jets fan and they are "loveable losers", but the Bengals are just losers.
 
Stripe Hype is a Bengals fan site that the Bengals have threatened to sue because of images on the site. :no: The lead blogger David is pissed. Here is what he wrote from another board.

Well, this will be my last posting to this board, and to my blog. The Bengals, who won't acknowledge bloggers as a legitimate news source and have denied every request by any blogger for media credentials, has threatened to sue stripehype.com for using "copyrighted material". They claim using pictures of players with their Bengals jersey in our header was infringement of their copyright. However, in the properties of the image, we indicate that where appropriate, all rights reserved by the Cincinnati Bengals, or gave credit to websites where PUBLIC DOMAIN images were used.

We were also giving away an autographed Ben Utecht Jersey on June 1st. However, since the promotion said "Win a Cincinnati Bengals Ben Utecht Autographed Jersey" we were told we were infringing upon the name "Cincinnati Bengals". A privately bought jersey, autographed by a player on his own time, was copyright infringement. I guess if you sell something on EBAY that says Cincinnati Bengals, you better watch out.

Bloggers aren't legitimate media outlets, but using the words Cincinnati Bengals to describe a jersey is a legitimate target for the threat of a lawsuit. Funny thing is, we've been in touch with Media Director Jack Brennan off and on for three months, having asked for his input on the site, asking for any comments, and yet his only reply that was that the Bengals did not grant media credentials to bloggers. I will state, however, in Mr. Brennan's defense, he did offer to be a reference for me when I contacted player's representation looking for interviews. I do appreciate that. I did send Mr Brennan an email this morning that was harsh, and he was a gentleman in his response. He states that the PR dept has nothing to do with the legal department, in which I agree. However, I don't agree that the Bengals have a one voice policy, as Marvin Lewis states. The PR department has a voice of "bloggers aren't really that important to us" and the legal department has a voice that says "we want your money, we'll threaten you, the small independent blogger and try to scare you".

For the record, fansided.com owns the site stripehype.com. I was a volunteer fan blogger. They took down the images and otherstuff as quickly as they received the letter, without attempting to defend the use of the imagery. Had I truly had full technical control, that stuff would still be up and the Bengals could spend all the time they wanted trying to sue.

Good luck supporting a team that had a lousy draft (watch the videos of rookie camp and see ole fatboy in the 99 costume go through drills, and tell me they picked a solid player. (He put forth NO effort in drills, when compared to his fellow teammates). Ya'll keep swallowing the Koolaide they're giving ya. I'm gonna go root for a team that actually tries to get better, makes solid free agent deals, and drafts like they want to win.

Go Browns!
The damn Bungles ruin everything they touch. They already make billions, but they want to hold up a small little fan site. Somebody just blow up that sorry franchise. They are pathetic in every way.
I don't know anythin about this but this statement sticks out. The Bengals, who won't acknowledge bloggers as a legitimate news source and have denied every request by any blogger for media credentials

Does everyone think all Bloggers should have media credentials? Does every/any NFL team acknowledge Bloggers?

 
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Way to go, Bengals. Piss off your fans with over-reaching, bullying lawsuits of questionable merit. I guess we can mark that down as reason 23,056,789 you're such a pathetic organization!

 
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I don't know anythin about this but this statement sticks out.

The Bengals, who won't acknowledge bloggers as a legitimate news source and have denied every request by any blogger for media credentials

Does everyone think all Bloggers should have media credentials? Does every/any NFL team acknowledge Bloggers?
Since I think everyone will agree that not every yahoo who writes a post about the NFL in a blog deserves a media credential, I'm guessing what you actually meant to ask is the topic of, "Does everyone think all bloggers should be denied media credentials?" So that's what I'll address. I think based on the NFL's own use of bloggers and fan sites, that some should have media credentials, yes, but obviously not all.For example, the NFL Network was having guys from these kind of sites on Path to the Draft and NFL Total Access to discuss their team's draft needs quite a bit. Sometimes they would have a local beat writer for a paper on, but more often they would have someone from a website. I believe those were fan-operated ones, not affiliated with the teams. It would seem incongruous to me to feature them so prominently on the league's flagship broadcasts about the draft, but then not consider them a legitimate media site.

I believe the journalistic professionalism of the site should be the deciding factor, and not whether it is on the web with no connection to print or broadcast journalism, which at least from what I read here seems to be what the Bengals are using as the deciding factor.

 
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I don't know anythin about this but this statement sticks out.

The Bengals, who won't acknowledge bloggers as a legitimate news source and have denied every request by any blogger for media credentials

Does everyone think all Bloggers should have media credentials? Does every/any NFL team acknowledge Bloggers?
Since I think everyone will agree that not every yahoo who writes a post about the NFL in a blog deserves a media credential, I'm guessing what you actually meant to ask is the topic of, "Does everyone think all bloggers should be denied media credentials?" So that's what I'll address. I think based on the NFL's own use of bloggers and fan sites, that some should have media credentials, yes, but obviously not all.For example, the NFL Network was having guys from these kind of sites on Path to the Draft and NFL Total Access to discuss their team's draft needs quite a bit. Sometimes they would have a local beat writer for a paper on, but more often they would have someone from a website. I believe those were fan-operated ones, not affiliated with the teams. It would seem incongruous to me to feature them so prominently on the league's flagship broadcasts about the draft, but then not consider them a legitimate media site.

I believe the journalistic professionalism of the site should be the deciding factor, and not whether it is on the web with no connection to print or broadcast journalism, which at least from what I read here seems to be what the Bengals are using as the deciding factor.
Thanks, it is what I was getting at.For some reason I think this blogger is slippery and the Bengals are justified for their actions. I have no facts this is just my perception of this guy.

 
Way to go, Bengals. Piss off your fans with over-reaching, bullying lawsuits of questionable merit. I guess we can mark that down as reason 23,056,789 you're such a pathetic organization!
Clearly they have been hanging around with Major League Baseball officials...
 
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I don't know anythin about this but this statement sticks out.

The Bengals, who won't acknowledge bloggers as a legitimate news source and have denied every request by any blogger for media credentials

Does everyone think all Bloggers should have media credentials? Does every/any NFL team acknowledge Bloggers?
Since I think everyone will agree that not every yahoo who writes a post about the NFL in a blog deserves a media credential, I'm guessing what you actually meant to ask is the topic of, "Does everyone think all bloggers should be denied media credentials?" So that's what I'll address. I think based on the NFL's own use of bloggers and fan sites, that some should have media credentials, yes, but obviously not all.For example, the NFL Network was having guys from these kind of sites on Path to the Draft and NFL Total Access to discuss their team's draft needs quite a bit. Sometimes they would have a local beat writer for a paper on, but more often they would have someone from a website. I believe those were fan-operated ones, not affiliated with the teams. It would seem incongruous to me to feature them so prominently on the league's flagship broadcasts about the draft, but then not consider them a legitimate media site.

I believe the journalistic professionalism of the site should be the deciding factor, and not whether it is on the web with no connection to print or broadcast journalism, which at least from what I read here seems to be what the Bengals are using as the deciding factor.
Thanks, it is what I was getting at.For some reason I think this blogger is slippery and the Bengals are justified for their actions. I have no facts this is just my perception of this guy.
Much like huge portions of the internet, Bloggers are an odd creature who teams (pro and college) don't quite have a handle on dealing with yet.When I went to UCLA to see if I needed to do anything to attend their Pro Day, I ended up having to do a song and dance to convince them Draftguys wasn't just me in my basement (and there is the biggest hurdle any blogger must overcome - the net-nerd stereotype - thanks Harry Knowles!)

Luckily UCLA was incredibly cool and once they heard what we were about they credentialed me and I attended. But they were very cautious. They have a name and players to protect and they didn't know me. As far as I know I was the only internet person there (much less credentialed).

Interestingly, USC had tons of bloggers there from various sites they had clearly worked on building a relationship with. They seem to have worked hard with these guys and with the medium.

Now that's just college - but I assume each NFL team deals with these guys differently as well. Some harshly, some not. But certainly not consistently. With a paper or mainstream media site (ESPN for example) they have some sort of accountability. On the net - well people tend to pop off before they thing - or double check - what they are 'reporting'.

Still - it sounds like there was a little overzealousness involved here in the Bengals legal department all in all.

 
From a PR standpoint, this is beyond stupid. Of course they have the right to protect their trademark and deny credentials based on whatever they want. But we're not talking about a storied franchise with a history of success and a legacy of pride. We're talking about the Cincinnati Bengals.

That means you should do whatever it takes to encourage the die-hard fans you have and be as friendly as you can. Want to know why the Arena Football League has been around for more than 20 years? It's because they're a more humble operation that does everything it can to promote itself as fan-friendly. Now, many NFL teams don't have to go out of their way like that. They already have a ton of unwavering support. But the Bengals should try to keep what support they have instead of protecting images from the few people who care enough to use it.

On the bright side, when one of their players gets in trouble at least there's no respected image to tarnish.

 
The backlash against bloggers is hilarious...they aren't simple mouthpieces for a team/league like most in print/TV media, and it appears as though the NFL isn't going to stand for it!

 
Since you used the full team name in your post (as well as hundreds of thousands of other uses of various trademarks & servicemarks on the FBG forums); that could possibly make you and the FBG corporate structure in violation of trademark law, heh.

It'll be interesting to see which online sources are cherrypicked for legal action by the league; much less the players association. I would hazard a guess the mid-sized "unofficial" football fan sites and fantasy football sites are the ones that should be the most worried.

Back in the 90s I was a web producer for an old school online game studio and we partnered with the players association for an online golf tournament. The written approvals, legal review, usage bond, and other hoops we had to jump through to use the players association logo on the web were insane,... but that was a decade ago.

Forum anonymity and online communities aren't shielding the forum provider much anymore. I suspect the baseball lawsuits from years ago and the current rulings regarding intellectual property and online publisher responsibility may seriously change things down the road.

New Hampshire ruling on IP and publisher responsibility:

http://www.news.com/8301-10784_3-9911501-7...?tag=nefd.pulse

 
Since you used the full team name in your post (as well as hundreds of thousands of other uses of various trademarks & servicemarks on the FBG forums); that could possibly make you and the FBG corporate structure in violation of trademark law, heh.

It'll be interesting to see which online sources are cherrypicked for legal action by the league; much less the players association. I would hazard a guess the mid-sized "unofficial" football fan sites and fantasy football sites are the ones that should be the most worried.

Back in the 90s I was a web producer for an old school online game studio and we partnered with the players association for an online golf tournament. The written approvals, legal review, usage bond, and other hoops we had to jump through to use the players association logo on the web were insane,... but that was a decade ago.

Forum anonymity and online communities aren't shielding the forum provider much anymore. I suspect the baseball lawsuits from years ago and the current rulings regarding intellectual property and online publisher responsibility may seriously change things down the road.

New Hampshire ruling on IP and publisher responsibility:

http://www.news.com/8301-10784_3-9911501-7...?tag=nefd.pulse
I would seriously reconsider how I spend my money if leagues start cracking down on things like this. Going to games and buying paraphenalia would be the first things to leave my budget I think.
 
The backlash against bloggers is hilarious...they aren't simple mouthpieces for a team/league like most in print/TV media, and it appears as though the NFL isn't going to stand for it!
But you have to understand - and person - ANY individual - can run a blog. You need no training, there is nobody to answer for if you go off half cocked and report any rumor or make stuff up or any number of things that a phone call to an editor at any large media conglomerate or newspaper might correct.A ignorant, untrained blogger can do massive damage to a person or company - it's happened in the film industry multiple times. A story gets out that isn't true or isn't totally true and the studio can't stop it - next thing you know a multi-million dollar film is trashed based on rumors some dude dug up talking to some guy he met in a bar who claimed to work on a studio lot. No follow up. No calls to PR or anyone involved - just an unsubstantiated rumor on a popular blog or website.

It's not 'oh those bloggers are fighting the MAN' - it's that the perception is that enough of these guys just don't know what they are talking about nor do they care if what they say is true that some teams have totally blown them off. Its not fair as there are plenty of good burgeoning journalists and analysts on the web - but like the mainstream media, they have to earn the trust to deal with the team.

Plus, don't rope the NFL into this - it's the Bengals blunder - the NFL is actually not unfriendly to bloggers and indie websites in my experience.

And I will say again, this was a massive over-reaction by the franchise. And, by the blogger as well. He didn't need to pitch a hissy fit - a cease and desist is pretty standard first reaction by most corporations when you use their images or logos without permission. It's a pretty over the top, but it;s also pretty standard in most industry, especially when dealing with the web. The people he work(ed) for could have called and seen how they get permission to use the stuff OR they could do what they did and back off until they could get clearance. Quitting over it is pretty counter-productive and solves nothing.

**bolded part was just edited in for clarity. :thumbdown:

 
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I don't know anythin about this but this statement sticks out.

The Bengals, who won't acknowledge bloggers as a legitimate news source and have denied every request by any blogger for media credentials

Does everyone think all Bloggers should have media credentials? Does every/any NFL team acknowledge Bloggers?
Since I think everyone will agree that not every yahoo who writes a post about the NFL in a blog deserves a media credential, I'm guessing what you actually meant to ask is the topic of, "Does everyone think all bloggers should be denied media credentials?" So that's what I'll address. I think based on the NFL's own use of bloggers and fan sites, that some should have media credentials, yes, but obviously not all.For example, the NFL Network was having guys from these kind of sites on Path to the Draft and NFL Total Access to discuss their team's draft needs quite a bit. Sometimes they would have a local beat writer for a paper on, but more often they would have someone from a website. I believe those were fan-operated ones, not affiliated with the teams. It would seem incongruous to me to feature them so prominently on the league's flagship broadcasts about the draft, but then not consider them a legitimate media site.

I believe the journalistic professionalism of the site should be the deciding factor, and not whether it is on the web with no connection to print or broadcast journalism, which at least from what I read here seems to be what the Bengals are using as the deciding factor.
simply put bloggers get credentialsHere's but one

http://49ers.pressdemocrat.com/

If you want to discredit guys that write articles for papers AND blogs also, the list gets thinner.

 
NFL images on websites have been a thing they police every year for a llllllong time. It's nothing new.

This guy is grumpy because he got caught. "Expressed written permission" ring a bell?

 

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