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Comment Exclusive right to perform a video game publicly (Score 1) 72

No one needs Blizzard's permission to have a SC tourney

Technically they do, at least if they're streaming the tourney to the public. The graphics of StarCraft and StarCraft II are copyrighted.

so... again... what is the restriction?

It's considered performing the video game publicly. Video games are considered audiovisual works in U.S. copyright law, and the owner of copyright in an audiovisual work has the exclusive right to perform that work publicly. Doing so without express permission is copyright infringement, as if you were offering to stream . Please see the article "Why Nintendo can legally shut down any Smash Bros. tournament it wants" by Kyle Orland and this appellate brief from a moot court.

Comment Competing leagues and competing equipment mfrs (Score 1) 72

This lack or presence of ownership allows or disallows you from doing what exactly?

The lack of ownership of a sport allows a competing league to begin operation without having to first seek permission from the owner of the sport. This allows for competition among leagues.

The kids need to buy baseballs and bats.

From any of several competing equipment manufacturers. Only Blizzard can sell copies of StarCraft.

And if you play professionally you're going to sign on with an official team or you won't be professional.

In any of several competing leagues, not just the one endorsed by the owner of a sport.

Comment Copyright strike (Score 1) 72

But again, the scene speaks for itself in that it has:

...copyright strikes from a game's publisher against a league for broadcasting the league's matches.

That's the one big difference between physical sports and electronic sports: electronic sports are almost always non-free. See "Why Nintendo can legally shut down any Smash Bros. tournament it wants" by Kyle Orland.

Comment Re:Nobody owns baseball (Score 1) 72

Activision Blizzard owns the exclusive rights to its games [...] Publishers [can] deny a license entirely and shut down a tournament's stream. [...] By contrast [...] Baseball leagues independent of MLB have existed and continue to exist.

that is different from professional sports in what way?

I just explained that. In professional sports, no entity has a government-granted exclusive right that lets it act as a gatekeeper for that sport. MLB has no power to prohibit another league unaffiliated with MLB from forming, playing baseball, and selling tickets to watch the match or stream matches on Twitch. Nor did the USFL and XFL need the NFL's permission to commence operations. Broadcast a video game, on the other hand, and expect a copyright strike.

Comment Nobody owns baseball (Score 1) 72

When the kids were playing baseball and then grew up to play in the MLB... would it make sense to point at the crowd and talk about kids?

There's a difference. Activision Blizzard owns the exclusive rights to its games and has shown itself eager to enforce them (as in the bnetd case). Publishers of fighting games have been known to demand public performance royalties from tournament organizers or even to deny a license entirely and shut down a tournament's stream. I can fetch citations from Ars Technica and elsewhere if you want. By contrast, nobody owns the exclusive rights to baseball. Leagues like MLB can't ban people from baseball; they can only ban people from playing on MLB teams or MLB-affiliated minor league teams. Baseball leagues independent of MLB have existed and continue to exist.

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Gee, Toto, I don't think we're in Kansas anymore.

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