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Do training sites need permission Do training sites need permission
View Poll Results: Should training sites ask permission to use opponents likeness?
Yes
95 41.30%
No
99 43.04%
Doesn't matter
36 15.65%

10-16-2008 , 01:39 AM
Quote:
Originally Posted by odinscott
Their is a difference between using someones photo in a tv commericial and their avatar picture in a training video. obv...
You are known online by your avatar so I would argue that there is no legal distinction. You are not know as Bob, but by kissmya$$. People fear you or play with you and you like that perception. Exposing your weakness(s) in a training video can hurt your ability to make money. And as kissmya$$, not as Bob.

There is no difference legally. But because there is no real jurisdiction, good luck doing anything about it. For now.
Do training sites need permission Quote
10-16-2008 , 01:47 AM
I do agree with your expectation of privacy.
Do training sites need permission Quote
10-16-2008 , 01:49 AM
Quote:
Originally Posted by Pcallinallin
if I knew it was being taped I would ask for compensation immediately.
i really wish i could get mike matusow to call you a freaking idiot right now.

you make me sick.
Do training sites need permission Quote
10-16-2008 , 01:59 AM
Quote:
Originally Posted by Pcallinallin

Here's a brief description of the laws taken from this website: http://www.citmedialaw.org/legal-gui...keness-another



Because training sites are new this is a somewhat new area to give consideration to this law. Most of these laws are state laws so they vary from state to state not to mention country to country. I have not read the fine print that the poker sites use in there terms and conditions but maybe it's covered in there.
"exploitative purpose" means that you are making money by exploiting there image/likeness. Ex. you can't put MJ on a Wheaties box without paying him. These laws don't cover what you think they do. There would be a lot of jurisdiction issues too.
Do training sites need permission Quote
10-16-2008 , 02:05 AM
f the training sites
Do training sites need permission Quote
10-16-2008 , 03:50 AM
Quote:
Originally Posted by eastern motors
"exploitative purpose" means that you are making money by exploiting there image/likeness. Ex. you can't put MJ on a Wheaties box without paying him. These laws don't cover what you think they do. There would be a lot of jurisdiction issues too.
There are a ton of jurisdiction issues here which make it hugely unenforceable, this is why I offered "Doesn't Matter" in the poll.

These video making pro's absolutely NEED players to play against to make their videos in order to explain the thoughts and theories they teach to outplay this or that type of opponent. If the opponents are kept anonymous there really is no problem in my mind. But when the screen names and avatars of these opponents are used you really step into bigger issues of privacy and using someone's likeness to create content to drive traffic to your site and increase your site's sales. So this would be crossing into exploitation of people's likeness IMO.

The polls are still split right down the middle here, so this topic could also have more input from the voters and lurkers ITT.

Last edited by Pcallinallin; 10-16-2008 at 03:51 AM. Reason: G-P POTT. GFY Training sites.
Do training sites need permission Quote
10-16-2008 , 05:55 AM
Quote:
Originally Posted by odinscott
Their is a difference between using someones photo in a tv commericial and their avatar picture in a training video. obv...

please enlighten us that dont find it obv
Do training sites need permission Quote
10-16-2008 , 06:12 AM
Quote:
Originally Posted by Omega_Red
The whole Idea is ridiculous instead of worrying about silly issues like if someone should be compensated for being video taped playing poker why not just watch the training video learn something and compensate yourself by learning to play better poker!
this is so ******ed
Do training sites need permission Quote
10-16-2008 , 06:49 AM
Quote:
Originally Posted by Pcallinallin
I mean if I am used in a video I would expect some portion of the income they make from that video. It takes 2 to tango so shouldn't I get something for my efforts?

Kthx.
Being in someone's video while playing poker online doesn't require any more effort from you than playing poker online without being video-recorded.
Do training sites need permission Quote
10-16-2008 , 06:55 AM
lol. so if a physical education teacher analyses the televised play of a basketballer to their class that school has to pay the basketballer something?

and as for the privacy issue. that is ridiculous. all players are private unless they have told someone their name. and then it is their own fault they are not private.
Do training sites need permission Quote
10-16-2008 , 02:26 PM
Quote:
Originally Posted by BANGARANG
this is so ******ed
How is it ******ed? if you have to hide screen names when you do a video what about hand histories? And what about the stat tracking of websites and programs that are available if the hand history is in video format how is it different?
Do training sites need permission Quote
10-16-2008 , 02:39 PM
it doesnt matter since theres no way u could ever win a lawsuit about this
Do training sites need permission Quote
10-16-2008 , 03:17 PM
Quote:
Originally Posted by kaizhan
it doesnt matter since theres no way u could ever win a lawsuit about this
I think that this is why the thread was proposed. I'm not as confident as you that this would be true. It's clear you cannot use another's likeness for profit without their consent.
Do training sites need permission Quote
10-16-2008 , 04:06 PM
If only players could have used anonymous aliases instead of their real names, there wouldn't have been any conceivable issue here...

Also, I'm sure the "don't care"s should be added to the "no"s.
Do training sites need permission Quote
10-16-2008 , 07:32 PM
idk
Do training sites need permission Quote
10-16-2008 , 09:46 PM
Pretty close poll.

Wish we woud hear from a training site on this issue.
Do training sites need permission Quote
10-16-2008 , 10:30 PM
This seems a bit nitty IMO. Who cares? What are you losing here? Do you really feel like you get a huge disadvantage because of this?
Do training sites need permission Quote
10-17-2008 , 01:47 AM
Quote:
Originally Posted by Hicham
This seems a bit nitty IMO. Who cares? What are you losing here? Do you really feel like you get a huge disadvantage because of this?
Because if it's against the law, it's against the law. That's why people care.
Do training sites need permission Quote
10-17-2008 , 02:02 AM
Quote:
Originally Posted by DoGGz
Because if it's against the law, it's against the law. That's why people care.

You blindly follow the law even if it's a bad law?
Do training sites need permission Quote
10-17-2008 , 02:57 AM
Quote:
Originally Posted by DUBBLEBUBBLE
You blindly follow the law even if it's a bad law?
If breaking the law hurts me more then following the law, then yes.
Do training sites need permission Quote
10-20-2008 , 11:47 AM
God damn nits...
Quote:
Originally Posted by odinscott
Their is a difference between using someones photo in a tv commericial and their avatar picture in a training video. obv...
This.

Id say its got to do with PUBLIC exchange and PRIVATE exchange... But i dunno the laws....

[ ] Thread Delivers
Do training sites need permission Quote
10-23-2008 , 08:45 AM
Quote:
Originally Posted by PipChip
God damn nits...

This.

Id say its got to do with PUBLIC exchange and PRIVATE exchange... But i dunno the laws....

[ ] Thread Delivers
Yes, this thread has not delivered anything. I do believe, though, that players who have custom avatars or usernames that have strong brand recognition could have a real case.
Do training sites need permission Quote
10-23-2008 , 08:57 AM
the thread delivers a very controversial poll, a bunch of flamers and warrants more discussion.
Do training sites need permission Quote
11-28-2008 , 11:21 PM
I think b4 playing they should let you know that the session is going to be recorded for a training site and you can opt in or out.
Do training sites need permission Quote
11-29-2008 , 12:26 AM
Quote:
Originally Posted by Pcallinallin
You are assuming that people know they are being taped and that they are members of said coaching site.

What about all the players who do not sign up for the site? They don not even know that there are videos of professionals giving strategy and critiquing their play and strategies to exploit them.
if a tree falls in a forest..................
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