where's adam? AP/BCS ... copyright?

[lordsmurf]

I fail to understand how AP can call use of information by BCS for their formula a "trademark" or "copyright" infringment. They are using information that is published, and I would think in a legitimate method.

I don't get it. Your thoughts?

You can read it here:
http://sports.espn.go.com/ncf/news/story?id=1951112

But this was the only article (out of the three I saw) that specifically referred to the issue as one of copyright and trademark:

http://www.dallasnews.com/sharedcontent/dws/spt/stories/122204dnspobcslede.310c8e0a.html

AP gets out of the BCS
News organization says Top 25 is off-limits for use in disputed formula
11:50 PM CST on Tuesday, December 21, 2004
By BRIAN DAVIS / The Dallas Morning News

The Associated Press notified Bowl Championship Series officials Tuesday that it is pulling its Top 25 college football poll out of the controversial formula used to determine who plays in the national championship game.

The AP poll accounts for one-third of the current BCS formula, which is also made up of a coaches' poll and six computer rankings. The AP has never agreed to let its poll be used in the BCS standings. But the poll is widely regarded as a legitimate tool in ranking teams.

The news organization said in a statement that it sent a cease-and-desist letter to BCS coordinator and Big 12 commissioner Kevin Weiberg. Citing "unauthorized and unlawful use," the AP stated the use of the poll harms AP's reputation and violates copyright and trademark laws.

"BCS has damaged and continues to damage AP's reputation for honesty and integrity in its news accounts through the forced association of the AP Poll with the BCS rankings," the letter stated.

The AP also said that the BCS "free-rides" on the back of AP voters, using the information collected through great effort and expense to AP in compiling its rankings without expending any effort of its own.

The current BCS contract runs through 2009, but the AP poll will no longer be used.

"We respect the decision of the Associated Press to no longer have its poll included in the BCS standings," Weiberg said in a statement.

The AP poll's integrity was questioned after Texas finished fourth in the final BCS standings, released Dec. 5, and landed in the Rose Bowl – which has an approximate payout of $14 million to $17 million.

California had a .0013-point lead over UT going into the final weekend. But Cal finished fifth in the BCS standings despite winning its regular-season finale. The Bears were relegated to the Pacific Life Holiday Bowl, which has a $2 million payout.

BCS analysts predicted that UT could move ahead of Cal if three AP voters flip-flopped the teams on their ballots. UT coach Mack Brown implored voters to "take control of college football" and vote UT higher. Brown receives a $50,000 bonus if UT plays in a BCS game.

BCS spokesman Bob Burda said conference officials do not have to make a decision about how to replace the AP poll immediately. New standings will not be compiled until October.

"We will discuss alternatives to The Associated Press poll at upcoming BCS meetings and plan to conclude our evaluation of the BCS Standings Formula, including any other possible changes, by our April meeting," Weiberg said.

Burda said Weiberg would not field media inquires on this topic until a Jan. 4 breakfast with the Football Writers Association of America. The event runs in conjunction with the FedEx Orange Bowl.

Weiberg recently brokered a new four-year television contract with Fox Sports worth about $320 million. The network will televise the Orange, Fiesta and Sugar bowls from 2007-10. The new contract also calls for a fifth BCS game. Without the AP, the BCS isn't what it was billed.

"Our agreement with the BCS doesn't kick in for two years," Fox Sports spokesman Lou D'Ermilio said. "We're confident the BCS will have fair and thoughtful formula to determine school standings."

Big East commissioner Mike Tranghese will propose the idea of a BCS selection committee at the NCAA convention next month in Grapevine, according to published reports.

"It's a sad day for college football when they have a committee that goes behind closed doors and makes a decision about which two teams will play for the national championship," said Richard Billingsley. The Hugo, Okla., resident contributes his computer rankings to the BCS formula.

The FWAA compiles a Super 16 poll that could be used in place of the AP poll, Billingsley said.

The BCS has been mired in controversy since its inception in 1998. The system was intended to match the top two teams in one of four bowls, either the Orange, Sugar, Fiesta or Rose.

This season, Southern California, Oklahoma and Auburn all finished the regular season with undefeated records. USC and OU finished atop the BCS standings and were selected to play in the Orange Bowl on Jan. 4 for the BCS national title. Auburn was relegated to the Nokia Sugar Bowl.

In addition to the Cal-UT controversy, coaches have expressed displeasure about having to run up the score to impress voters.

Some AP voters have felt uncomfortable about being put in the position of reporting the news and making it, too. The Charlotte Observer announced after the season that it was dropping out of the AP poll in 2005.

"If they didn't want to make the news, then why did they start a poll in 1936?" Billingsley said.

The AP ballots are printed in newspapers around the country. The USA Today/ESPN coaches' poll does not make its votes public. American Football Coaches Association president Grant Teaff has stated repeatedly that Division I-A coaches would not be forced into revealing their ballots.

"I think they have significant ethical problems, both of them do," BCS analyst Jerry Palm. "I guess the AP had to go through a significant problem to realize that."



HOW THE BCS WORKS
The Bowl Championship Series formula is made up of three components.

1. The Associated Press Top 25 poll: Each team's votes are divided by the maximum of 1,625 possible points. The percentage is used as the first BCS criteria.

2. USA Today/ESPN coaches' poll: A percentage is determined just like the AP poll. There is a maximum of 1,525 points in the coaches' poll. (Unlike the AP ballots, the coaches' ballots are not made public.)

3. Average of four computer rankings: Six computer rankings are used. The highest and lowest ranking for each team are thrown out, and the final four are averaged.

Total: The BCS figure is calculated by averaging the percentage totals found in the AP, USA Today/ESPN and computer rankings.

[yoda313]

Hello,

I think it's all a matter of the AP wanting out of the whole mess that is the BCS. It's so convuluted and nobody likes the results anyway.

Maybe this will finally force the BCS to fall apart or at least change the system.

My suggestion:

GET A PLAYOFF SYSTEM AND SCREW THE POLLS!

Kevin

[bazooka]

GET A PLAYOFF SYSTEM AND SCREW THE POLLS!

I agree but it will never happen.

This garbage is why I don't follow college football.

[yoda313]

GET A PLAYOFF SYSTEM AND SCREW THE POLLS!

I agree but it will never happen.

This garbage is why I don't follow college football.

Hello,

For the coaches that complain about a playoff adding too many games the simple solution is:

SHORTEN THE PRESEASON.

Get rid of all those meaningless nonconference games. Besides, for the big teams a nonconference loss can knock them out of title contention - What kind of system is that????

Kevin

[bazooka]

They still have way too many bowl games.

One of these days, they will have the jackoff bowl.

[yoda313]

They still have way too many bowl games.

One of these days, they will have the jackoff bowl.

Hello,

Yep - not to mention the stupid adverstising:

The outback bowl,
The blockbuster bowl
The insight bowl..



Kevin

[adam]

The trademark is in the name Associated Press. By using the "AP" poll results in the BCS formula you could argue that there is a risk of consumer confusion, in that it may imply that the AP sponsors the BCS's formula or that they are otherwise affiliated. Let's say I want to publish a Consumer Reports-like magazine and I develop a formula for rating merchandize that gives points to any product that has received a Good Housekeeping Seal of Approval. If I publish how my formula is derived, maybe some people will think that I am somehow associated with Good Housekeeping, and that would be a trademark infringement. Otherwise, I could just capitilize on the goodwill in the Good Housekeeping name.

As for copyright, well publishing something has no effect on your copyright. I think you were implying that this is basically just like "news" which of course cannot be copyrighted per se, though copyright law can allow protection against the type of "free-riding" that the AP is complaining of, even for "news.". But this doesn't seem like "news" to me. They are not reporting facts, they are taking a poll of expert's opinions. Those opinions themselves are not copyrightable, and even the compiliation of them is not copyrightable because it just constitutes a database. But their publication of that data in a complete and tangible form is subject to copyright protection. In other words, there is nothing preventing the BCS from going out and conducting the exact same poll, or even from taking the basic poll results and making their own conclusions. But they can't the AP's exact picks and just punch them into their formula.

That's the argument at least. I think the trademark argument is stonger.

[lordsmurf]

Thanks. That makes a little more sense, specifically the "capitalizing" on another's name.