RE: Re: The Rights of Major League Baseball

From: Agenbroad, James (Civ,ARL/CISD) <jagenbro[_at_]arl.army.mil>
Date: Fri, 12 Dec 2003 10:56:59 -0500

Tangible: yes. But hopefully not fixed, at least while we are still alive.

-----Original Message-----
From: sstouden[_at_]thelinks.com [mailto:sstouden[_at_]thelinks.com] Sent: Thursday, December 11, 2003 6:10 PM To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Re: The Rights of Major League Baseball

As you folks all know, i am against any kind of IP monopoly, but it would seem to me the movement of a human body in an intended, practiced, or intentionally learned, novel or unique way is a conscious intention of the mind to express in the medium of the body. The willed intent of body position and body action is an expression of mind issue in body media? So does the baseball player own his or her intentioned expressions?

I am no lawyer, but the body is a both tangible and a media of expression? so if the movement is conscious, intended, then it is not an expression of the conscious will of man, and if that is true, some would say that it is a tangible expression of the conscious will of our maker which is the ultimate basis for all human expression?

 On Mon, 1 Dec 2003, Terry Carroll
wrote:

> On Mon, 1 Dec 2003, Keith Tabor wrote:
>
> > I have no excuse for forgetting the details, but I do remember from
> > law school that there were protections for "hot news" that wasn't
> > covered by copyright. the cases dealt with war news, if I remeber
> > correctly, although I think there is at least one case on
> > play-by-play from basketball (?).
>
> NBA v. Motorola, which quite rightly pretty much gutted the pre-Erie
> case
> of International News Service v. Associated Press,248 U.S. 215 (1918).
>
> I found a copy online at
> http://law.touro.edu/2ndCircuit/January97/96-7975.html .
>
>
>

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