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EastGuRu |
#21 | |||
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........the ticket is the contract?.. There'd have to be a lot of small writing on the back of that little yellow ticket we purchase at the game to have
that constitute a "contract". You can't sell someone a ticket that says "Welcome" on one side and blank on the other and later claim
that we signed a contract that means 100 other things
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completehomer |
#22 | |||
EastGuRu wrote:A contract doesn't necessarily have to be in writing. A "meeting of the minds" as to the terms of most contracts is enough. But proving a "meeting of the minds" without a signed writen document...now that might be a different story. Again, I can't imagine the MHSAA even trying to enforce this beyond a few empty threats. |
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applefan84 |
#23 | |||
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Doesn't the MHSAA have tickets which contain all sorts of small-print writing on the back? I was thinking they gave the schools the tickets to use these
days.
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completehomer |
#24 | |||
applefan84 wrote:Even if they did, can they prove that I knew the print was there, and actually agreed to the printed terms, short of having me sign something saying "I have read the terms on the back of the ticket and agree to the conditions..."? |
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applefan84 |
#25 | |||
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No, they can't, but it seems reasonable to me to charge you with knowledge of those terms and acceptance of the same by accepting the offer and attending
the game. And, that isn't required anyway; contract law does not require subjective understanding and acceptance of a contractual relationship,
but only that a person's actions judged objectively established a contract. And, objectively, I'd tend to think that if you go to the game
you're accepting the terms and conditions on the back. You're free not to go to the game if you don't like the terms, and the facts don't seem
sympathetic enough to me to say that the "little guy" wins anyway (as might happen if some item in a voluminous lease or insurance contract tripped
someone up when they had had no opportunity to dicker over the terms).
Note, however, that I am neither an expert in intellectual property nor contract law. To give you some sense of what I do/think about, I wrote almost the entire Wikipedia article on the Preamble to the U.S. Constitution. |
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SnoozeToMe |
#26 | |||
applefan84 wrote: I'm impressed, apple! Here's a LINK for those who want to see your work. I'm SO GLAD there's a reference to the Schoolhouse Rock song (under See Also at the bottom of the page). It's the only way I've ever been able to recite the Preamble. ![]() Maps, Brackets and More:
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pavlov |
#27 | |||
applefan84 wrote: I understand the basics of copyrights, and intellectual property. Thank you. It still doesn't make me "get it" with respect to enforcing this policy. The MHSAA is depriving kids and families and fans of the ability to preserve memories. They are not doing it so that they can maintain the rights themselves for any distribution, they are doing it so that no one can have anything at all. No one wins here. It's silly. Allow the video/photo to take place, or record and distribute them yourselves. To enforce a policy whereby the MHSAA is the sole party that can record or photograph games, and then they decline to is just depriving kids, families and fans of memories for no good reason. Legal doesn't necessarily mean moral, ethical, or right. |
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EastGuRu |
#28 | |||
pavlov wrote: AMEN! |
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applefan84 |
#29 | |||
pavlov wrote: Law is a public substitute for disputed private notions of ethics, morality, and right/wrong. That's the whole point of having rules: since we can't agree on what's right and wrong, we'll agree to follow the rules instead. It's no different with the MHSAA's transfer rules: different people have notions of what is acceptable and what isn't, what level of involvement the MHSAA should have and what they shouldn't, but we don't rely on notions of "right and wrong," we rely on what the actual MHSAA rules and policies say. |
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applefan84 |
#30 | |||
SnoozeToMe wrote: Hahaha, actually I did not put the Schoolhouse Rock reference in; I argued, if anything, to remove it. At one time, the article contained a solid paragraph discussing the song and how there was some discrepancy between the song and the actual text of the Preamble. I argued (along with people sympathetic to me) that it should get tossed, but there were a few pro-Schoolhouse Rock people, so the compromise was to put that link in the "see also" or whatever. |
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pavlov |
#31 | |||
applefan84 wrote:Thanks again Mr. Obvious. Yes, we all must abide by binding rules of society, like them or not. In this case (and many others) I disagree with the rule. Take off your constitutional hat for a moment and answer this: Do you think it's totally beyond reproach that there is a rule preventing a Dad from recording his son's final organized football game of his life? Kid gets in for a couple plays at the end, and there's no home movies to ever reflect on. We of course abide by it, because it's the binding rule in this situation. But do you think that just because it is a binding rule, that makes it right and just in all ways? Are there no binding rules of society that you feel are at least a little inappropriate? |
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applefan84 |
#32 | |||
pavlov wrote: I don't always agree with the law, but I don't use my disagreement to justify the sense of cynicism or alienation that you're describing here. Are there bad rules in the world? Absolutely. But, in an MHSAA context, you're responsible for them. The MHSAA is responsive to its membership. Its membership is roughly 80% public schools, controlled by an elected school board. If enough people were angry enough about this issue to elect Boards of Education which would insist on pressuring their administrators (ADs, principals, superintendents) to agitate for this sort of change, it would happen. The fact that it hasn't happened is proof that not enough people care. You or I may disagree, but it's no excuse for self-righteous anger or alienation. I, for one, don't particularly care for the rule, but I also don't care enough about it to do anything about it; I haven't even done so much as write a letter or an e-mail. That's my fault, not "the system's," and I certainly don't deserve to be angry or alienated by it. That's how any democracy works, and the MHSAA is a democracy; even if its constituency is not the voting public at large, it is 80% public schools, which are controlled by elected Boards of Education. |
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pavlov |
#33 | |||
applefan84 wrote:So in short, you agree with me. Thanks. That was a lot harder and more long winded than it needed to be. |
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applefan84 |
#34 | |||
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I would not say it was harder or more long-winded than it needed to me. There is an enormous difference between cheerful disagreement which recognizes
legitimate differences in opinion and weighting of priorities, and negative cynicism grounded in a self-righteous assertion of one's own superior moral or
ethical sensibilities.
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pavlov |
#35 | |||
applefan84 wrote:Along with long winded, I'll now add that you read way too much into what I say about the matter and have put words into my mouth. I just said I disagreed with the strict enforcement of the policy. I characterized it as senseless. Many agreed. You eventually agreed. But somehow, I am the only one that you label with such long winded and fabricated gems as "negative cynicism grounded in a self-righteous assertion of one's own superior moral or ethical sensibilities." |
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CkiukCzlek |
#36 | |||
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