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Alyssa

Ryan Hart’s Lawsuit Against Electronic Arts And Who Gets The Money From NCAA Games

(Credit: EA Sports)

Earlier this month, Travis Waldron wrote about the lawsuit against EA Sports, which creates avatars of college athletes that closely match their physical appearance and performances in games, but changes their names so they don’t have to pay up the way they normally would if they were benefiting from their use of a real person’s image. Now, Rutgers quarterback Ryan Hart has won an appeal against EA, after a 2011 ruling sided with the video game company’s claim that they had First Amendment rights to create a replica of Hart for use in NCAA Football. The judges’ reasoning for siding with Hart in the appeal? EA’s reinterpretation of Hart wasn’t “transformative.”

Judge Joseph Greenaway wrote in the Third Circuit decision that “The digital Ryan Hart does what the actual Ryan Hart did while at Rutgers: He plays college football, in digital recreations of college football stadiums, filled with all the trappings of a college football game. This is not transformative; the various digitized sights and sounds in the video game do not alter or transform the appellant’s identity in a significant way.” The standard he’s talking about is called the Transformative Use Test, a weighting system meant to prevent economic harm to individuals by preventing other people from simply reproducing their images for profit, but to guarantee free speech rights by protecting work that, as the Supreme Court ruled in Campbell v. Acuff-Rose Music, Inc., “adds something new, with a further purpose or different character, altering the first with new expression, meaning, or message.” The Third Circuit compared the use of Hart’s image by EA to Activision’s reproduction of No Doubt for its Band Hero game, arguing that Hart’s claim was even stronger than No Doubt’s, because while in Band Hero, players contribute their own singing, NCAA Football is designed to let players reproduce Hart’s actions closely.

I’m all for the broad movement to rationalize the treatment of NCAA athletes, and to acknowledge the truth, that they exist in a space between the true amateurs playing ultimate frisbee in college leagues, and professional athletes who are employed by the teams in the major leagues. And the way the Third Circuit ruled, even if it was in Hart’s favor, illustrates how far we have to go to achieve those changes. The bigger fight over whether the NCAA can license current and former players’ images without compensating them is still pending, and is scheduled for a 2014 jury trial. Hart may end up winning the debate over whether EA needs to license the images of college players it’s including in its games. But precisely who EA pays that money to is a problem that we’re at least a year away from solving.

Alyssa

How Much Would It Cost Dan Snyder To Rebrand The Redskins?

Last week, I wrote about how the owner of Washington’s National Football League team promised to never change that team’s derogatory name, and that the only thing that may cause change is a trademark lawsuit that could make calling a team the “Redskins” far too costly to tolerate. A new study, however, suggests that Snyder may already be costing himself money by not changing the name.

The arguments in favor of keeping the name “Redskins” stem from tradition and nostalgia — the team has been the Redskins since 1933, when it still played in Boston. It would make sense for Snyder to worry, then, that changing it would have negative economic consequences. Team names are brand markers, and changing up the brand isn’t usually a recipe for financial success — estimates say the cost of changing the brand for an NFL team could be as high as $10 million to $20 million.

In the case of mascots that utilize Native American imagery, though, reshaping the brand identity may actually be good for business, according to research from sports marketing experts at Emory University. Emory’s Mike Lewis and Manish Tripathi studied the economics of college teams that dropped Native American imagery — either team names or actual mascots — and found that the negative effects are muted, limited to only a one- or two-year time frame. After that, the costs subside — and may even turn into benefits:

In terms of financial impact, the model results suggest that school’s experience a very short (1 or 2 years) negative impact and then quickly recover. The results also suggest that in the long-term the shift away from a Native American mascot yields positive financial returns. As a follow up, we used the brand equity measures created here as a dependent variable and regressed this value against the previously defined variables related to the school’s use of a Native American mascot. In this analysis we found NO significant effects. The key implication is that switching away from a Native American mascot has no long-term negative effect on brand equity.

Lewis and Tripathi caution that the study isn’t perfect: they had to predict revenues based on winning percentages and other variables, so there’s a fair amount of guesswork involved. And men’s college basketball and professional football aren’t a perfect comparison, as they note, because football teams are more likely to be identified primarily by their mascot (“the Cowboys” or “the Redskins”) while colleges are identified by school name (“Maryland” or “Oklahoma State”).

Still, they’re confident that their “findings have a great deal of face validity.” As they wrote: “While some fans may complain, it is not clear that these fans actually change their behavior or their shopping habits. It might also be that merchandise sales become more appealing to segments that did not like the previous Native American mascot.” So even if the biggest estimates are right, the losses could be temporary, and dropping the name Redskins could ultimately cost Dan Snyder less than any number of bad contracts he’s handed out in recent years.

LGBT

Tea Party Congressman Attacks Obama For Calling First Openly Gay NBA Player, Wishes He’d Called Tebow Instead

Rep. Steve King (R-IA)

Years from now, when the United States is a shell of its former self and we are ruled by hedonist overlords, schoolchildren will look back on April 29, 2013 as the fateful day when President Obama called Jason Collins after he became the first openly gay NBA player, thus undermining American culture forever.

This is the type of future envisioned by Rep. Steve King (R-IA) on the House floor last week. In a freewheeling discussion of everything from immigration to Russian Marxists, the Iowa congressman criticized Obama’s decision to call Collins after his courageous move. “These are the ways that culture gets undermined,” King lamented. “One notch at a time, American civilization, American culture, western civilization, western Judeo-Christiandom are eroded.”

King contrasted Obama’s chat with Collins to the fact that the president hasn’t personally called ex-New York Jets quarterback Tim Tebow, “who will kneel and pray to God on the football field.”

KING: I hear the president reducing or lowering American values by his comments that take place in the public and in the press. Think about the things he’s chosen to take sides on. [...] Then we’ve got Tim Tebow who will kneel and pray to God on the football field. Meanwhile we have a professional athlete that decides he’s going to announce his sexuality and he gets a personal call from the United States to highlight the sexuality of a professional ballplayer. These are ways that the culture gets undermined, where it gets divided. The people over on this side take their followership from that kind of leadership. One notch at a time, American civilization, American culture, western civilization, western Judeo-Christiandom are eroded.

Watch it:

King has a storied history as a culture warrior since entering the House in 2003. He has argued that marriage equality is a “purely socialist concept“, belittled marriage equality by saying “you don’t need a license to begin a new friendship,” contended that LGBT people should have to hide their orientation at work, and said that children will be raised in “warehouses” if conservatives don’t “defend marriage”.

LGBT

Why Minnesota’s Governor Shouldn’t Imply That Cutting A Pro-Gay NFL Player Was Shady

Minnesota Governor Mark Dayton (D) implied on Thursday that outspoken LGBT ally and Minnesota Vikings punter Chris Kluwe lost his job for reasons other than football or business decisions. But there’s substantial reason to doubt that’s what happened, and it’s not clear that such statements are helpful to making football a more inclusive space for LGBT players.

Though Governor Dayton admitted that he wasn’t well-positioned to evaluate the decision to let Kluwe go as a football business decision, he speculated to the Associated Press that the cut may have been political:

Yeah, I don’t feel good about it,” Dayton told the Associated Press when asked about Kluwe’s release on Monday. “I’m not in a position to evaluate the relative punting abilities, but it seems to me the general manager said, right after the draft, they were going to have competition. Well, they bring the one guy in, he kicks for a weekend and that’s competition?”

Dayton then criticized the Vikings’ management for what he perceived as blatant dishonesty. “I just think sports officials ought to be honest about what the heck is going on,” he said, “same way I think public officials should be honest about what’s going on, so that bothers me probably as much, if not more, than the actual decision.”

Contra Dayton, there’s good reason to believe Kluwe’s release was about business. Cyd Ziegler at OutSports crunched the numbers, and found that, given the Vikings’ draft choices, it simply didn’t make sense to hold on to Kluwe:

At this point in the season, the NFL is a numbers game. There’s a salary cap that each team has to fit under, and every general manager and coach has to figure out how to maximize every dollar. When the Minnesota Vikings drafted UCLA punter Jeff Locke, they played a numbers game. They’ll get Locke this season for a savings of almost $1 million under Kluwe’s projected salary.

Absent evidence that Kluwe (or the similarly outspoken former Baltimore Raven Brendan Ayanbadejo) were let go as a consequence of their advocacy, these numbers suggest that a more straightforward explanation for the Vikings’ decision.

Accusing the Vikings of bad faith also isn’t necessarily helpful. Part of what made Kluwe and Ayanbadejo so influential was their work in fostering a climate of acceptance inside the NFL, one that could help pave the way for the league’s first out player. Insinuating that they lost their jobs over these efforts could potentially have a chilling effect on other players who might want to support their gay teammates or even come out themselves.

Also on Thursday, NFL commissioner Roger Goodell said that an out player would be welcomed by other players. ” “I don’t think it will just be tolerated, I think it will be accepted,” the commissioner said. “I know their teammates and teams, and I think the fans will all respond the right way.”

Alyssa

Steubenville Football Coach Gets Contract Extension After Involvement In Rape Scandal

Reno Saccocia has been the head football coach at Steubenville High School since 1983. He has won 311 football games, made 23 appearances in the state playoffs, and captured three Ohio state championships. That, apparently, is all that matters to the school board that covers the high school, because it just gave Saccocia — who also may have covered up the sexual assault of a teenage girl by two of his players, according to court documents, and is the likely subject of a grand jury investigation because of it — a two-year contract extension.

The extension is for an administrative services position, separate from a coaching contract. Salon’s Katie McDonough flagged the announcement buried in the local business section of the Ohio Valley Star:

Two-year administrative contracts for Charles Kokiko, administrator; Bryan Mills, assistant middle school principal; Reno Saccoccia, director of administrative services; Joseph Yanok, middle school principal; Melinda Young, director of programs; and Sara Elliot, school psychologist.

Covering up the sexual assault, which became front-page news across the nation this spring, would be a violation of Ohio law. But Saccocia’s players were so confident that he’d have their backs that the morning after the assault took place, Trent Mays, who along with Ma’Lik Richmond was found guilty of raping the teenage girl, texted a friend: “I got Reno. He took care of it and shit ain’t gonna happen, even if they did take it to court. Like he was joking about it so I’m not worried.”

A 16-year-old girl is assaulted, a player thinks “shit ain’t gonna happen” because he has a coach who will cover it up, and the coach willfully obliges. For that, the coach doesn’t get fired, but instead gets treated with the same “shit happens” attitude he apparently instilled in his players. There are no winners in Steubenville, no matter what Saccocia’s record on the football field says, because Steubenville is what America’s rape culture looks like.

LGBT

NOM Caught Lying About NFL Team ‘Supporting Our Message’

The National Organization for Marriage has once again been caught lying about public support they do not have. NOM’s Ruth Institute is publicizing its “It Takes A Family” (ITAF) conference, which reaches out to college students to encourage them to oppose same-sex marriage, with blatant condemnations of homosexuality and promotion of ex-gay therapy. This year’s conference features, for example, fraudulent anti-gay researcher Mark Regnerus and ex-gay advocate Robert Gagnon. NOM promoted the conference this week by bragging that the Chicago Bears had donated two autographed pieces of memorabilia, with a special thank-you to the team for “supporting our message“:

For now, you should know that we have two fabulous raffle items from the Chicago Bears Organization (and a huge THANK YOU to the Bears for supporting our message).

Unfortunately, both the support of the Chicago Bears Organization and the Bears’ supposed endorsement of NOM’s message were outright lies. In a statement provided to ThinkProgress and numerous other outlets, the Bears made clear the team had no connection to NOM or the conference:

The two items featured in The Ruth Institute gala invitation were personal donations to Dr. Jennifer Roback Morse.  Neither was a club donation, nor do they represent the team’s view on any social issues.  Any remarks stating otherwise are false.

One of the two items was an official jersey autographed by former linebacker Brian Urlacher, but Urlacher clarified he had nothing to do with its inclusion in the conference raffle, explaining that he signs “a lot of stuff for charity,” but “if I would have known it was for this cause, I wouldn’t have done it.”

The Chicago Tribune reached Ruth Institute head Jennifer Roback Morse for comment, and she eventually conceded that the site had lied. She refused, however, to explain why she claimed to have the support of the Bears, stating simply that NOM regrets “any confusion”:

The Ruth Institute is not working with the Chicago Bears organization or any of its players past or present to promote our upcoming auction. The memorabilia we are auctioning off was acquired by me personally, not through the team or players. We understand that the Chicago Bears organization takes no position on social issues, and we regret any confusion we may have caused on this point.

The ITAF conference page now clarifies that the two items were “donated by individuals, not the team or the players.”

It’s unclear which is more pathetic, that NOM had to lie about having the support of an NFL team, or that NOM has to use NFL memorabilia to attract students to its anti-gay conference in the first place.

Alyssa

As Steubenville Rape Trial Begins, Petition Seeks To Educate Coaches About Sexual Assault

Steubenville High School’s football team burst into national headlines last fall after video surfaced of former students joking about, in grotesque fashion, an apparent rape that had occurred at a house party attended by several of the team’s football players. The trial of two football players accused of raping a teenage girl from a nearby town begins this week, but the case has already divided Steubenville between those who rallied around the football team and those who believed the town’s reverence for that team played a role in the entire situation.

Two activists are now attempting to use the horrifying Steubenville case to raise awareness about the incidence of sexual assault in high school sports and to help prevent further assaults before they occur. Connor Clancy, a college football player, and Carmen Rios, a former campus sexual violence educator, launched a petition drive asking the National Federation of High School Associations to offer a course in sexual violence prevention for all high school coaches. The petition, hosted on Change.org, already has 25,000 signatures, according to a release:

“As a football player, I believe we have immense responsibility to be role models for younger boys,” said Connor Clancy, who co-launched the campaign on Change.org. “I want to help make sure what happened in Steubenville never happens again, and that starts with educating the people who young athletes look up to most, their coaches.”

“The issue of sexual violence has a monumental and overwhelming impact on the lives of girls and women across the world. We know that education, discussion, and action on the issue results in real, positive, and tangible changes in those lives — so why wait to create a new world?” said Rios. “We have the power to foster a culture without violence, but first we must all come together to build it.”

From Notre Dame to Steubenville to the higher rates of assault that occur among professional players, sexual violence is pervasive in American sports and in football in particular. That has happened, in part, because of how the sports world looks at and talks about both its athletes and its women, and educating young athletes about sex and sexual assault seems to be one clear way to positively address the problem.

That, as Clancy and Rios realized, begins with the men who coach those athletes, who at the high school level often spend more time with their coaches than with any other adults. And coaches aren’t just coaches — at the high school level, they are educators too, entrusted with the responsibility not just to teach classes but to mold young men in a positive manner. Despite that, many of the sexual assaults that occur at the high school level (and they aren’t hard to find in the news) often involve coaches looking the other way until it is too late not to. In Steubenville, assistant football coaches were reportedly at the party where the rape occurred and the head coach has been accused of helping to cover up the entire episode.

No one class will by itself fix the rape culture that pervades American sports (and America in general). Even in Steubenville, the players’ defense is arguing that what happened doesn’t qualify as rape because the victim “didn’t affirmatively say no.” But if eliminating that culture involves changing the way players’ view women and sex, educating the coaches who influence them is a good place to start. And it shouldn’t be hard to do. As the petition notes, the NFHSA covers 18,500 schools and 11 million high school athletes and already offers online training classes in a number of sports and education-related subjects. Adding a course on sexual violence wouldn’t be hard, and empowering more men in positions of authority to take a stand against sexual violence and teach their athletes to do the same is a step the world of sports needs to take.

Alyssa

Philly Youth Football League Upholds Ban On Girls Just As First Woman Will Participate In NFL Scouting Combine

Caroline Pla (10) with teammates

The Archdiocese of Philadelphia’s Catholic Youth Organization banned 11-year-old Caroline Pla from playing in a boy’s football league earlier this year, even though she had played in the same league for more than two years and had been voted onto the league’s all-star team after the 2012 season. Last week, the CYO reaffirmed that decision, upholding its ban on female participants in grades 5 through 8.

The original ban was about safety, the CYO explained then, even if there were no indications that Pla was in any more danger than any of the 11-year-old boys playing football. When they upheld the ban, the reasoning shifted to fears of “inappropriate contact” between male and female players, even though neither Pla nor her family had ever given thought to such an issue before.

At nearly the same time, a football league far larger than the Catholic Youth Organization took a step in the opposite direction. In 2012, the National Football League formally instituted a rule allowing women to participate in its league, and next week, the annual regional scouting combines for amateur players will feature its first female participant.

Lauren Silberman, a 28-year-old former college club soccer player, is attending a regional combine with the hope of becoming the first woman to play in the NFL. The odds that Silberman, a kicker, will make a team are longer-than-long, but that doesn’t matter: the NFL provided a path for women to participate, and for the first time, one will. There are more than 1,600 girls playing on boys’ high school football teams, and multiple women have played college football, so Silberman almost surely won’t be the last woman to go out for the team.

But these stories aren’t as much about football and making the team as they are about just having the chance to play. Women now enjoy far more access to sports than they did 40 years ago, when Title IX became law, but female participation still doesn’t match that of men. Neither does funding, even though sports participation has substantial health, education, and economic benefits for the women and girls who participate. It’s wonderful that the NFL is expanding access to women, but those efforts are undermined when youth leagues like the CYO, where there are more girls who want to play and fewer who have access, refuse to let the Caroline Plas of the world play the games they love.

LGBT

Super Bowl Star Brendon Ayanbadejo Speaks Out For LGBT Equality

Super Bowl champion Brendon Ayanbadejo has, as promised, used the spotlight of winning the big game to speak out for marriage equality. CNN’s Don Lemon conducted an extended interview today with Ayanbadejo, who used the opportunity to not only reiterate his support for marriage equality, but to endorse the fair treatment for all members of the LGBT community:

AYANBADEJO: Everyone’s been talking to gay people their whole lives whether we know it or not. We really believe that you’re born gay. I’ve had plenty of conversations with people that are gay and they say they are born gay, no different than me being born this beautiful almond coconut color that I am. People are born gay. So why treat them any differently? It’s time that we treat everybody fairly. And not only are we trying to dictate who people should love. We’re also trying to dictate who people should be. If a woman wants to wear a man’s clothes or if a man wants to wear a woman’s clothes or you feel like you’re a woman on the inside and you’re really a man. Who cares? Let’s just treat everybody equally. Let’s move on. Let’s evolve as a culture, as a people.

He also commented on the 49ers who made various anti-gay comments, including Chris Culliver’s remarks that he wouldn’t play with a gay player and subsequent non-apology apology. According to Ayanbadejo, the Ravens won because they loved each other more. Watch the full interview to see what a true LGBT ally looks like (HT: Towleroad):

Justice

Canadian Super Bowl Contest Winner Denied Entry To U.S. Because He Smoked Pot In 1981

A Canadian man who beat out four million competitors to win a fantasy football league’s grand prize of tickets to last night’s Super Bowl was stopped at the border and denied entry because U.S. customs officials discovered he had a minor pot possession conviction on his record from 1981.

Myles Wilkinson was 19 years old when he was caught carrying two grams of marijuana and paid a $50 fine. Nearly 32 years later, he’s still paying for that infraction:

A Vancouver Island man who won an all-expenses-paid trip to the Super Bowl in New Orleans has been refused entry into the U.S. because of a marijuana possession conviction dating back to 1981.

Victoria resident Myles Wilkinson won the trip in a fantasy football league contest, competing against nearly four million other players for the chance to attend the National Football League championship, featuring the Baltimore Ravens and the San Francisco 49ers.

But when he got to Pearson International Airport in Toronto on Thursday, U.S. customs agents learned of a marijuana possession conviction in Vancouver in 1981 and told him he was not allowed to enter the country.

Though Wilkinson’s border ordeal is noteworthy, it’s one that affects a significant number of foreigners who want to visit the United States. “There’s hundreds of thousands of Canadians who have these criminal records for small amounts of cannabis and that results in a lifetime ban for accessing the U.S,” according to Dana Larsen, a Canadian group advocating for marijuana decriminalization. Not only are people like Wilkinson denied once-in-a-lifetime opportunities like going to the Super Bowl because they smoked pot as a kid, but the United States is also denied the economic benefit of their tourist dollars.

Following the episode, the fantasy football contest’s organizers offered Wilkinson a consolation prize: entrance to a private Super Bowl watch party in Vancouver.

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