Garber v. MLB - Lawsuit challenging blackouts

perfectgedman

New Member
Jul 15, 2005
7
Dear SoSH:

I am a longtime reader of SoSH and an attorney in Boston. Recently, I have become involved in two lawsuits that relate to some prior posts on this board – specifically, the threads entitled “Do you want to help end the Fox Saturday blackouts?” started in March 2012 and the thread entitled “FCC reviewing TV blackout rules,” started in January 2012.

The lawsuits were filed in the last couple of months in federal district court in Manhattan. The complaints allege antitrust violations against the NHL and MLB, respectively, along with a host of other entities identified as co-conspirators. In a nutshell, the claim is that the antitrust laws are violated when the league, the teams, the regional sports networks and other broadcasters collude to set anticompetitive blackout and restriction rules that allow for higher prices to be charged for the protected products. The specific rules at issue in the MLB case are both those that prevent a subscriber of MLB.tv or ExtraInnings from viewing their geographically protected “local” team and certain other games through that subscription, as well as the restraints that prevent out-of market fans from viewing their favorite teams’ games at all (with the exception of the occasional network broadcast), except via the purchase of a subscription that includes all teams’ games. An example of the first rule would be a fan living in Iowa having Twins, Cardinals, White Sox, Cubs, Brewers and Royals games blacked out of their MLB.tv and EI packages, regardless of whether they otherwise have television access. An example of the second rule would be a Red Sox fan living in California who is forced to purchase the EI / MLB.tv package including all teams’ games, when he is really only interested in paying for Red Sox games.

A copy of the complaint can be viewed here:
http://tinyurl.com/6ss7zcr

I am posting this information after getting permission from the mods to do so. Because of the rules regarding attorney advertising – and this post could fairly be construed as attorney advertising -- I do not plan to follow up in this thread directly.

Instead, if you want to learn more about the lawsuits, or if you are an MLB.tv, Extra Innings or NHL “Center Ice” subscriber who is affected by these rules and are interested in getting involved in the cases, please contact me directly with the information provided below.

Thanks for your interest,

Kevin Costello

Klein Kavanagh Costello, LLP

85 Merrimac Street, 4[sup]th[/sup] Floor
Boston, MA 02114
http://www.kkcllp.com
617-357-5500
costello[at]kkcllp.com
 

glennhoffmania

meat puppet
Lifetime Member
SoSH Member
Jul 25, 2005
8,411,684
NY
Thanks, Kevin. I'm just glad that someone is finally fighting this issue. I don't mind paying for the whole EI package, but I expect to be able to watch all of the games even when Fox is broadcasting it at the same time my local team is playing. Good luck with the case.
 

Marbleheader

Moderator
Moderator
SoSH Member
Sep 27, 2004
11,729
MLB’s blackout problem keeps sport in dark ages


Whether legal or illegal, baseball's tack with blackouts is appalling. Rather than push its sport on a population that wants it, the league pimps a cable company. Rather than allow the game to seed itself among a younger generation, MLB turns away fans to protect partnerships with the sorts of corporations that will fleece fans any chance they get. RSNs pay stupid money for rights, cable companies balk at making customers' bills even more usurious and fans end up with no outlet to see their favorite teams and an empty screen on their TVs and computers.

These aren't just blackouts. They're blackmail.
 

mt8thsw9th

anti-SoSHal
SoSH Member
Jul 17, 2005
17,121
Brooklyn
In order to get Red Sox games I need to have a cable subscription. I chose to cut the cord because I was finished with being gouged by the only cable operator in my neighborhood. I'd imagine there are going to be a ton of people that just stop watching the sport due to their tactics. It's amazing how aggressive they are in making it tough for fans to enjoy the sport in the digital age.

I'm still able to watch the Patriots OTA and can pull up clips of the league's players on demand on sites like YouTube. The Patriots signed a new player or drafted someone? There are highlight reels you can watch online. Leagues like the NFL understand that it's okay to get some free marketing of your product and still have the fans wanting some more. Sadly, baseball is going to fade out in the coming decades if it continues their approaches.
 

Van Everyman

Member
SoSH Member
Apr 30, 2009
27,109
Newton
Blackouts may be frustrating, but this statement is just complete hyperbole. MLB has probably been the best sports league when it comes to providing online content. MLB.TV revolutionized the industry.
It's not "complete hyperbole." MLB may have "revolutionized the industry" but Fox game of the week blackouts are a pathetic anachronism. I love baseball as much as probably 99.9% of the American public -- and I have zero interest in watching a game that my team has zero stake in.
 

Orel Miraculous

Member
SoSH Member
Nov 16, 2006
1,710
Mostly Airports and Hotels
It's not "complete hyperbole." MLB may have "revolutionized the industry" but Fox game of the week blackouts are a pathetic anachronism. I love baseball as much as probably 99.9% of the American public -- and I have zero interest in watching a game that my team has zero stake in.
So the first sports league to ever make 99% of its games available online, to anyone, anywhere in the world, is in fact "making it tough for fans to enjoy the sport in the digital age"?
 

Marbleheader

Moderator
Moderator
SoSH Member
Sep 27, 2004
11,729
MLB's takedown of any highlights on Youtube is one example where they go a bit too far. The NFL, NBA, NHL all let fans put highlight packages online to share and enjoy. Blacking out nearly an entire day of baseball to fans across the country so Fox can monopolize Saturdays is more about the dollar than the fan. The system of empowering RSNs at the expense of fans living outside the broadcast area is another example of a policy that is far from fan-centric. Let's not make MLB to be a media martyr. They've done some very good things, but there is certainly room for improvement.
 

SocrManiac

Tommy Seebach’s mustache
SoSH Member
Apr 15, 2006
8,681
Somers, CT
Tonight is a perfect example. I'm in Enfield, CT. I pay for NESN. I pay for Fox. I can't watch the Red Sox, because two New York teams are playing each other.

I don't want to watch the Yankees. I don't want to watch the Mets. I really don't want to watch Fox, but if I have to, I'll tune in for the Sox. I don't even have that opportunity.

Thanks, MLB, for screwing me yet again.
 

DJnVa

Dorito Dawg
SoSH Member
Dec 16, 2010
54,124
I think Orel's point is that out of market fans used to be able to watch what? A dozen games a season maybe? Now they can watch 145+. It's frustrating when those Saturdays come up but it's light years ahead of where it was.

That said, there's no reason for the stupid blackout rule to continue...if you can give us 145, why can't you give us 162? There's a market for it.
 

Toe Nash

Member
SoSH Member
Jul 28, 2005
5,633
02130
So the first sports league to ever make 99% of its games available online, to anyone, anywhere in the world, is in fact "making it tough for fans to enjoy the sport in the digital age"?
I think the post you were responding to was bothered by in-market fans needing to purchase a cable service to watch their team's games. If you live in NE and you don't pay Comcast / RCN / DirecTV ~$80+ a month you can't watch the Red Sox.

I currently live in Baltimore and MLB.TV is great. But when I move back to Boston, as I will soon, I'll either have to use a proxy to get around the blackout or buy cable and pay $80 a month essentially just to watch the Red Sox and Bruins (as I don't care about 99% of the channels on cable TV). It costs me less now to watch all the baseball I want to see (except the Fox blackout games) than it would to watch the same amount of baseball when I move to Boston.

I'd gladly pay $20 a month or something just to get NESN, but that's impossible due to the cable companies' monopolies. For the TV shows I do care about, I can buy them on iTunes the day after they air or stream many of them for free on Hulu, but I can't do that for the Red Sox?

But I'll be able to watch the Patriots over the air without paying an extra cent (except for any games they're on NFL Network).
 

B H Kim

Well-Known Member
Lifetime Member
SoSH Member
Oct 24, 2003
5,734
Washington, DC
Not to mention the crazy local blackout rules that apply even in regions that don't have access to games on cable. Much of North Carolina is treated as part of the Nationals territory for local blackout purposes, even though few North Carolina cable systems offer MASN. And I believe that there are regions in Iowa that are considered part of the blacked-out local viewing area for a half dozen teams. The rules are a complete mess.
 

Marbleheader

Moderator
Moderator
SoSH Member
Sep 27, 2004
11,729
Mlb considered me,  in Tennessee,  on Saturday to be in Nationals territory,  so I got blacked out of the Braves - Sox game.  Sunday,  Mlb considers Tennessee Braves territory,  so I get blacked out of NESN and TBS.  Only game I could watch was Friday,  and I pay over $200 for Extra Innings on Directv.
 

glennhoffmania

meat puppet
Lifetime Member
SoSH Member
Jul 25, 2005
8,411,684
NY
So the first sports league to ever make 99% of its games available online, to anyone, anywhere in the world, is in fact "making it tough for fans to enjoy the sport in the digital age"?
Why do I care about online? Like Marbleheader, I pay good money for EI so I can sit on my couch and watch a game on tv without worrying about computer shit. Depending on the week, Sat. may be totally useless for me. It makes no sense to freeze out potential viewers from watching their own network so that they can force me to watch the game they deem appropriate based on where I live.
 

Spacemans Bong

chapeau rose
SoSH Member
Why do I care about online? Like Marbleheader, I pay good money for EI so I can sit on my couch and watch a game on tv without worrying about computer shit. Depending on the week, Sat. may be totally useless for me. It makes no sense to freeze out potential viewers from watching their own network so that they can force me to watch the game they deem appropriate based on where I live.
Non sequitur.
 

MyDaughterLovesTomGordon

Member
SoSH Member
Jun 26, 2006
14,308
Orel Miraculous said:
Blackouts may be frustrating, but this statement is just complete hyperbole. MLB has probably been the best sports league when it comes to providing online content. MLB.TV revolutionized the industry.
Unless you actually want to watch the team you like in your, like, home.