Big Guy Posted July 8, 2014 Report Share Posted July 8, 2014 Andrew Robert Rector, a Yankee baseball fan, has filed a $10 million lawsuit against two ESPN announcers. He claims that they mocked him using words like "fatty" and "stupid" when he was caught on national television sleeping in his seat during a game at Yankee Stadium. He admits that he “napped” during a game against the Boston Red Sox on April 13. He claims damages because commentators Dan Shulman and John Kruk unleashed an "avalanche of disparaging words" against him. http://www.cbc.ca/news/world/baseball-fan-caught-sleeping-on-tv-sues-espn-announcers-for-mocking-him-1.2699669 Is someone attending a professional event considered fair game by those covering the game? Should Andrew be compensated for damages? Quote Link to comment Share on other sites More sharing options...
Boges Posted July 8, 2014 Report Share Posted July 8, 2014 I believe the fineprint on the ticket basically says they can use your likeness anyway they want. Quote Link to comment Share on other sites More sharing options...
AngusThermopyle Posted July 8, 2014 Report Share Posted July 8, 2014 Its a Baseball game, how could he not fall asleep? Quote Link to comment Share on other sites More sharing options...
guyser Posted July 8, 2014 Report Share Posted July 8, 2014 Hes suing because he is embarassed. Um...dude, you are going to be hassled ten times as much now. Quote Link to comment Share on other sites More sharing options...
Boges Posted July 8, 2014 Report Share Posted July 8, 2014 Hes suing because he is embarassed. Um...dude, you are going to be hassled ten times as much now. Yeah he's making it much worse now. I guess he's actually hoping for a pay day. Quote Link to comment Share on other sites More sharing options...
Moonlight Graham Posted July 8, 2014 Report Share Posted July 8, 2014 Baby forgot his bottle and blanket at home when he went to the game I guess. Quote Link to comment Share on other sites More sharing options...
Moonlight Graham Posted July 8, 2014 Report Share Posted July 8, 2014 Also, he's probably a Red Sox fan. Quote Link to comment Share on other sites More sharing options...
Bob Macadoo Posted July 8, 2014 Report Share Posted July 8, 2014 He claims that they mocked him using words like "fatty" and "stupid" when he was caught on national television sleeping in his seat ... He claims damages because commentators Dan Shulman and John Kruk unleashed an "avalanche of disparaging words" against him. Dan Shulman, CDN/exTSN Dan Shulman, was doing that? Kruk I would believe....he's a lout, but not Danny boy. I'd bet a better come-uppins would be for Stupid Fatty to call Dan's mother and tell on him. Quote Link to comment Share on other sites More sharing options...
Guest Posted July 9, 2014 Report Share Posted July 9, 2014 Last time I looked, John Kruk had no right to call someone else a "fatty". Quote Link to comment Share on other sites More sharing options...
Boges Posted July 9, 2014 Report Share Posted July 9, 2014 I never heard them call him a Fatty. They missed a good opportunity for a zinger by wondering how his Sleep Apnea allows him to sleep that long. Quote Link to comment Share on other sites More sharing options...
cybercoma Posted July 9, 2014 Report Share Posted July 9, 2014 Good. He should sue. He never consented to being publicly humiliated or part of their juvenile "comedy" act. You don't get to go down the street with a camera and put someone on television without their consent. That's why marks in shows like Candid Camera and the late night segments require people to sign release forms. Did this guy sign a release form? Is simply buying a ticket consent to public humiliation? If so, fans should start boycotting the games. Quote Link to comment Share on other sites More sharing options...
guyser Posted July 9, 2014 Report Share Posted July 9, 2014 (edited) Good. He should sue. He never consented to being publicly humiliated or part of their juvenile "comedy" act. In fact yes he did. So would you if you go to a Jays game. So cybercoma, relax. This is one dumb lawsuit. Why? Cuz of this....on every ticket issued in the MLB and this is the one from the Yankees.... BY USING THE TICKET, THE BEARER AGREES THAT: (A) HE/SHE SHALL NOT TRANSMIT OR AID IN TRANSMITTING ANY INFORMATION ABOUT THE GAME TO WHICH THE TICKET GRANTS ADMISSION, INCLUDING, BUT NOT LIMITED TO, ANY ACCOUNT, DESCRIPTION, PICTURE, VIDEO, AUDIO, REPRODUCTION OR OTHER INFORMATION CONCERNING THE GAME (COLLECTIVELY, “GAME INFORMATION”); ( THE YANKEES ARE THE EXCLUSIVE OWNER OF ALL COPYRIGHTS AND OTHER PROPRIETARY RIGHTS IN THE GAME AND GAME INFORMATION; AND © THE YANKEES, THE PARTICIPATING CLUB, MLB PROPERTIES, INC., MLB ENTERPRISES, INC. AND EACH OF THEIR RESPECTIVE AGENTS AND LICENSEES SHALL HAVE THE UNRESTRICTED RIGHT AND/OR LICENSE TO USE THE BEARER’S VOICE, IMAGE OR LIKENESS , INDIVIDUALLY OR AS PART OF A CROWD, SHOT WITH OR WITHOUT OTHER ATTENDEES OF THE GAME AND THAT SUCH BEARER’S VOICE, IMAGE OR LIKENESS MAY BE INCLUDED IN ANY FOOTAGE, PHOTOGRAPH, POSTER, ADVERTISEMENT OR RECORDING OF THE GAME. Edited July 9, 2014 by Guyser2 Quote Link to comment Share on other sites More sharing options...
Big Guy Posted July 9, 2014 Author Report Share Posted July 9, 2014 ... RECORDING OF THE GAME. Very interesting and informative. Thank you. I do not attend games live so I have not read the fine print. I have tried to find an Internet source to confirm your post and have been unable. Perhaps you have a ticket in your possession. Does every professional baseball team have the same disclaimer on its tickets? It would be interesting to find out if all other professional sports team have the same disclaimer on their tickets. Quote Link to comment Share on other sites More sharing options...
guyser Posted July 9, 2014 Report Share Posted July 9, 2014 Very interesting and informative. Thank you. I do not attend games live so I have not read the fine print. I have tried to find an Internet source to confirm your post and have been unable. Perhaps you have a ticket in your possession. Does every professional baseball team have the same disclaimer on its tickets? It would be interesting to find out if all other professional sports team have the same disclaimer on their tickets. Yup , they all have it on their ticket. Damn, just looked online, cant find where thatwas., I think at Bleecher Report but cannot confirm. Quote Link to comment Share on other sites More sharing options...
guyser Posted July 9, 2014 Report Share Posted July 9, 2014 Found it! http://newyork.yankees.mlb.com/nyy/ticketing/sth_terms_and_conditions.jsp Quote Link to comment Share on other sites More sharing options...
cybercoma Posted July 10, 2014 Report Share Posted July 10, 2014 In fact yes he did. So would you if you go to a Jays game. So cybercoma, relax. This is one dumb lawsuit. Why? Cuz of this....on every ticket issued in the MLB and this is the one from the Yankees.... BY USING THE TICKET, THE BEARER AGREES THAT: (A) HE/SHE SHALL NOT TRANSMIT OR AID IN TRANSMITTING ANY INFORMATION ABOUT THE GAME TO WHICH THE TICKET GRANTS ADMISSION, INCLUDING, BUT NOT LIMITED TO, ANY ACCOUNT, DESCRIPTION, PICTURE, VIDEO, AUDIO, REPRODUCTION OR OTHER INFORMATION CONCERNING THE GAME (COLLECTIVELY, “GAME INFORMATION”); ( THE YANKEES ARE THE EXCLUSIVE OWNER OF ALL COPYRIGHTS AND OTHER PROPRIETARY RIGHTS IN THE GAME AND GAME INFORMATION; AND © THE YANKEES, THE PARTICIPATING CLUB, MLB PROPERTIES, INC., MLB ENTERPRISES, INC. AND EACH OF THEIR RESPECTIVE AGENTS AND LICENSEES SHALL HAVE THE UNRESTRICTED RIGHT AND/OR LICENSE TO USE THE BEARER’S VOICE, IMAGE OR LIKENESS , INDIVIDUALLY OR AS PART OF A CROWD, SHOT WITH OR WITHOUT OTHER ATTENDEES OF THE GAME AND THAT SUCH BEARER’S VOICE, IMAGE OR LIKENESS MAY BE INCLUDED IN ANY FOOTAGE, PHOTOGRAPH, POSTER, ADVERTISEMENT OR RECORDING OF THE GAME. Except it wasn't used in the recording of the game. He was singled out for humiliation, which I would think isn't part of a reasonable expectation of that contract. Of course you might end up on TV because there's cameras there and they may pan through the crowd. It's the way they used him and the way he was treated that's the problem. He didn't consent to humiliation or being the brunt of tasteless humour. Quote Link to comment Share on other sites More sharing options...
guyser Posted July 10, 2014 Report Share Posted July 10, 2014 Except it wasn't used in the recording of the game.Oh? Of course it was, it was used while the game was ongoing He didn't consent to humiliation or being the brunt of tasteless humour.While true, he wasnt subject to any any of that, nor does it matter. He would have to prove harm, cruel and unusual punishment . He cannot do that Quote Link to comment Share on other sites More sharing options...
Boges Posted July 10, 2014 Report Share Posted July 10, 2014 Fans are often singled put for things they do in the crowd. Are the broadcasters only to mention them when their unique behaviour can be deemed positive and/or complementary? Quote Link to comment Share on other sites More sharing options...
cybercoma Posted July 10, 2014 Report Share Posted July 10, 2014 I'm just messing with you guys. I couldn't possibly care less about this. Quote Link to comment Share on other sites More sharing options...
jacee Posted July 12, 2014 Report Share Posted July 12, 2014 Good. He should sue. He never consented to being publicly humiliated or part of their juvenile "comedy" act. You don't get to go down the street with a camera and put someone on television without their consent. I don't know. I was walking down the street at a public event, and suddenly confronted by a rolling robot camera filming everyone as it roamed through the crowd. I have no idea how that video is being used. No consent required? . Quote Link to comment Share on other sites More sharing options...
guyser Posted July 15, 2014 Report Share Posted July 15, 2014 None at all if in a public space. Advertising is different Quote Link to comment Share on other sites More sharing options...
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