Posts Tagged ‘Blogging’

A Changing of the Guard…

As I mentioned the other day, any of you that have regularly read Gate 21 have probably notice the deafening sound of the silence here for the past month or so.  That silence was prelude to this post.  There is no better way to say it than to quote the words of the legendary John Ward:

It’s Time…

I started Gate 21 in 2007 not really knowing what I was getting myself into.  I really had no concept of what it was that I wanted to do with the site or, in fact, how I would do it.  I just decided one day that I could write a blog as well as the next guy and within 10 minutes, the original version of Gate 21 was live for all to see over at WordPress.com.  Within 2 months, I had over 10,000 visitors and had taken the site to a privately hosted (i.e. I had to pay for it) server and debuted the cartoonish looking site that hung around until mid-2009 when I overhauled the site once again.  You are looking at that version now.

Since that less-than-auspicious beginning in 2007 I have spent literally thousands of hours writing, designing, re-vamping, updating, and otherwise working on producing and publishing Gate 21.  Along the way I have had had the help of many, many, people.  These would include writers HomeSweetHome and VolAmbassador, who have both made major contributions to the site over the past several years.  Then there were others across the blogosphere who have both assisted and collaborated with me on articles, memes, roundtables, Power Polls, BlogPolls, and running jokes.  These would include folks like Ghost of Neyland, MoonDog, LSUFreek, Will, Hooper, and of course—the best of the best—Joel at Rocky Top Talk.  These are but a few of the many with whom I have interacted and with which I have had the pleasure to become acquainted.

Then there are those of you out there across the blogosphere and the wider arc of the internet that have visited my humble site and read a bit of what I had to say.  There are even those of you who have taken the time to leave a comment here and there.  To each and every one of you I offer my sincerest gratitude for more than 2 years of interaction across the divide that is the internet.  I have not always been right about things, I have not always been seriousI have not always been couth, but I have always tried to be honest about my views and perspectives on the world around me and my love for the Tennessee Volunteers.  All I can say is that these last 2 1/2 years have truly been a pleasure.

All things, however, must come to an end…

Thus, while it pains me on many levels, this will likely be the last post on Gate 21, at least for the foreseeable future.  And, now it is time for the Gate to close.

The thousands of hours that I have spent on this site have been a labor of love, as blogging always is.  While I may have advertisements here on the Gate, the fact of the matter is that I have lost money on this endeavour from the outset.  The cost of hosting the site alone has been substantial.  Yet, this exploration of “Life, the Universe, and the Bounce of the Ball” (Thank you Douglas Adams) has been a welcome and wonderful creative outlet for me, and one which has been far more “therapeutic” than I ever imagined.  And to those of you who have visited and taken the time to comment all I will say is that you never know just how much a single sentence left in the comment box or via Twitter really means to folks like myself who are blogging their lives away.

There’s really nothing that makes a writer feel better than knowing what they wrote was interesting enough that someone felt compelled to respond…

Now, however, the demands of my “real” life are such that I simply cannot maintain the Gate in the way that I have in the past.  It is hard enough to run a site with substantial help and a bevy of free time.  It is next to impossible to do that alone while trying to maintain a job, a family, and some semblance of sanity.  As I have said before, the informational cycle on the blogosphere lasts approximately as long as the attention span of a hyperactive 4-year-old who just ate 5 bags of Skittles and washed them down with three cans of Red Bull, and I simply cannot keep up with that.  My lack of timely comment over the past football season stands as a testament to that reality and one which I simply can no longer ignore.

FrankDrebin A Changing of the Guard… Gate 21

I know, Frank, shocking isn't it?

These sorts of conclusions are not always fun, but they are necessary.  I think Lieutenant Frank Drebin probably said it best:

A Spoonful of Drano sound bite

Okay, enough of the depressing stuff, now for the good news…

For those of you who have enjoyed my writing—though I am certain there aren’t that many of you—take heart!  I am not abandoning my devotion to Tennessee athletics only to go gentle into that good night.  While I may not be able to justify continuing on here at the Gate, I fully intend to continue writing about the Vols.  Why?  Because, in the words of Clay Travis, I simply cannot imagine not doing it.

VolNation Thus, it is my distinct pleasure and honor to announce that, effective immediately, I will be joining on as a writer for the VolNation Blog.  Thus, any of you who wish continue to read my mindless prattling, I’ll still be around.  I cannot overstate how lucky I feel at having the chance to jump on board at VolNation, and I hope to see some of you over there in the near future.  While my time at Gate 21 is now at an end, I am extremely excited about what the future holds in store for me at VolNation.

In the meantime, the Gate will not be disappearing (though, after the next few days, I really won’t be monitoring comments any longer).  It will still be here and you will still be able to send me hate mail via the contact form here on the site, at the email address listed in the sidebar and on the Ushers page, or via Twitter.  For those of you who have subscribed to the RSS feed here at the Gate, you can now follow me via the feed at the VolNation Blog.  The Gate will now take its place among the so-called “dotsam and netsam” that floats across the web.  Everything will stay right where it is—most notably, my tribute to Sam and Andy’s.

As for me, I am on to a new home on the web and new challenges.

So, for the last time, I bid you farewell from Gate 21.  To each of you out there with whom I’ve come in contact as a result of my time publishing Gate 21 over the past 2 1/2 years, I say thank you for reading, best wishes, and Godspeed.  Now, more than ever, I suppose my signature “tagline seems appropriate.  Thus, I will end this final post as I have ended those that came before it.

Until we meet again … Go Vols!

– So it goes …Email lawvol No McAlisters


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Back from wherever it is that I have been, including Home Depot

No, I didn’t quit writing, join the circus, get attacked by Somali Pirates, or decide to take up ad hoc piloting of random airplanes falling pilotless from the sky.  I just decided that it was time for a few days off.  This was due to a number of things.  First there was the fact that—after the conclusion of the Final Four—there wasn’t much to talk about last week.  Secondly, I have been working on trying to get a few things done which, hopefully, will improve a few things here at the Gate in anticipation of football season (and I do really hope that this is the case).  Furthermore, my non-blogging life has required that I do things other than fixate upon football season which, according to the tell-tale little widget over on the right sidebar (that’s this way right arrow for those of you who are directionally challenged), is still more than 140 days off.  Finally, there were three big points which put me in bit of a funk, one which I decided to wallow in for a day or so, those points are as follows:

FAIL Back from wherever it is that I have been, including Home Depot Gate 21

Pretty much sums up my luck...

  1. Florida Gators, National Champions;
  2. North Carolina Tarheels, National Champions; and
  3. Connecticut Huskies, National Champions.

I guess 2008-09 just wasn’t meant to be my year.  So it goes…

Anyway, all of that said, here I am back again with a number of stream of consciousness observations that I wanted to chase down, and now seems as good a time as any…

Who knew that Home Depot was a hotbed of College Football Conflict…

I live in Eastern North Carolina, I am within 20 miles of the University of North Carolina (a/k/a “Tarhead U”), Duke University, and NC State University.  I am anywhere but in the heart of SEC country and quite a distance from anything resembling real football.  The closest team of consequence would probably be the Carolina Panthers, which is not exactly the same thing.  For this reason, I was a bit surprised this weekend at a brief exchange I had in the parking lot of my local purveyor of all things home improvement related:  Home Depot.

Home DepotMy goal was simple: collect 18 bags of mulch for the yard.  My mind was focused on trying to figure out if there was a way to get out of spending the rest of the weekend playing with wood chips and was less than attuned to matters related to football.  I had already dumped 12 bags of the stuff, and thus was less than cognizant of my “yard hat” which has “Tennessee” emblazoned upon it in letters which could be read from across the room … a large room.

Thus, I was a bit taken aback when I stepped out of my truck to a firm and slightly louder than it should have been greeting from a man in a jeep with a huge-ish Gator head on the spare tire cover:

BOOOOOOO!!  Kiffin!

Again, not fully in command of my football fightin’ instincts at the moment, the best response I could muster was a thumbs up in my heckler’s direction, paired with a wink, and a half-perplexed “How ‘bout ‘cha?!

The point of this seemingly inane tale of my trip to the hardware store (ahem, “Home Improvement Warehouse”) is not meant to warn of the pitfalls attending minor maintenance tasks, to assail Home Depot’s loyalties (I know they are based out of Atlanta, but their colors are orange and white, after all), or to provide a convenient excuse for getting out of those “Honey-Do” lists.  It’s far more subtle than that…

Lane Kiffin is in the Gators’ heads.

At least in my semi-unbalanced mind, my harmless little weekend run-in—paired with the profusion of “Tennessee” signs seen in the video posted by HSH—it seems that Kiffin’s little barbs have hit their mark far beyond the confines East Tennessee.  Some of the Gator faithful agree.  Of course, as the Hoopmaster General discovered, the sparring does come at a bit of price in the form of craziness from the less than sane and those with an axe to grind (or a deadline to meet). Still, as John Pennington pointed out the Blackjack General’s messages are not simply confined to sound bites and quips, but are rapidly approaching the point of real tangible substance.

With no disrespect to Coach Fulmer, I’m betting that in April 2008 my assailant says nothing at all.

I like it!

Moving Right Along … to the Orange & White Game

09fboutlook 200 Back from wherever it is that I have been, including Home Depot Gate 21 It’s Spring Football Time in Tennessee!

Yes, you can get a small football fix this weekend by attending the Orange & White Game, scheduled to start at 3:00 at Neyland Stadium.  All sorts of information on the game is available over at UT Sports.com.  Tickets are $5.00 and all proceeds will go to benefit UT’s Hodges Library.  Besides, when else can you get to see the Vols play for $5.00?

For those of you planning on attending the game, I would encourage you to consider meeting up with the guys from Rocky Top Talk who will be meeting in front of the hallowed ground of the Real Gate 21 on Saturday, for more information check out the faux-schedule for the meet-up.  Sorry to disappoint everyone, but Joel, Hooper, and Will will not be signing autographs, but many of the 2009 Vols will be, so don’t get too upset.

On a more substantive note, the Spring Outlook / Team Breakdown is now available for download as well PDF Document.  It is full of stats and perspectives on the squad coming into the Orange & White game.

Unfortunately, I will not be able to attend, but hope to find somewhere to catch the game on the web.  The Orange & White Game is sponsored by Dish Network, however, apparently it will not be televised anywhere, including Dish Network.

Either way, this is the best chance for Orange Nation to get a glimpse of the new look Vols…

Finally, an amazing story from the non-sports world worth giving a look…

“Are you using the autopilot, or are you flying the airplane?”

• Southwest Florida Int’l Air Traffic Control

Me and the Good Lord’s Hands are flying this one…

• Airplane Passenger, Doug White

Those are not words you like to hear from a pilot trying to guide a plane in for landing, but that is what airplane passenger Doug White had to say during his brush with fate earlier this week.  If you haven’t heard about this story, you really should check out the article posted at CNN.com.  White, along with his family were flying home to Louisiana on a twin engine plane when the pilot unexpectedly died shortly after taking off from Fort Meyers, Florida.  There was no co-pilot on board.  As a result, White—who had flying experience, but only in single engine planes—was forced to land the plane on his own.

Fortunately, with the assistance of Air Traffic controllers, White managed to land the plane safely.

For me, the audio recording of White’s conversation with the tower are particularly compelling.  The FAA released the audio recording earlier today.  It is a little on the long side and has several periods of extended silence (5-10 seconds), but giving it a listen will remind you just how great it is to be alive.  From the tension and relief in White’s voice near the end of the recording, I am pretty sure that he is glad.  Seriously, if you have a few minutes give the full recording a listen.

AUDIO:  N559DW — Emergency Landing at Southwest Florida Int’l Airport (Ft. Myers, FL)  |  FAA.gov

Audio clip: Adobe Flash Player (version 9 or above) is required to play this audio clip. Download the latest version here. You also need to have JavaScript enabled in your browser.

That one makes my birthday seem like a blessing…

– So it goes…About Lawvol McAlisters%20 %20Crossout Back from wherever it is that I have been, including Home Depot Gate 21


Image(s) Courtesy ofUTAD / UT Sports.com •  Home Depot / The Auto Blog ||  Audio Courtesy ofFederal Aviation Administration ||   Statement on Fair Use

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Big Orange Roundtable Round-Up!

Big Orange Roundtable

Round-Up: It’s Football Time Again

My first week as the host of the totally awesome Big Orange Roundtable has come to a close, and I thoroughly enjoyed doing it. Actually, the Big Orange Roundtable has just completed it’s first run-through of all the Vol bloggers and it starts back up next week over at Yo’ Mama Slept With Big Wilt. I’m sure Thomas will have some excellent questions as it’s Florida week.

GOOD WORK EVERYONE!!

Enough of me, time for me to share the Roundtable’s answers. Since we’re all family here on the Roundtable and I’m just a nice guy, I’m going to include everyone in the round-up. You’re welcome…

FB UAB Big Orange Roundtable Round Up! Gate 21

(1) So we’re all still pissed off from losing to a UCLA team we would without a doubt beat at worst eight times out of 10, and now a pretty bad UAB team comes to Knoxville before the epic showdown with Florida and the rest of the SEC gauntlet – the deep breath before the plunge, if you will. What I simply want to know is what do YOU want to see from the Vols this Saturday?

Most of the answers to this question involved three things: (1) running the football, (2) some reason to feel positive about Jonathan Crompton, and (3) better coaching.

The always funny Jai Eugene at LWS wants better hands from the receivers (and Arian Foster). Thomas at YMSWWC used this question as an opportunity to bash RayCom’s three Daves. MoonDog wants the coaches to show that they actually can adjust in-game. Ghost over at 3SIB wants our offensive line to find their male parts and lead the way to an unstoppable running attack.

Much like Ghost, Will at SESB wants a reason to believe…and to pound the football only as to prepare for the Florida showdown next Saturday. New Roundtable member Patrick (what a great name!) at C4J uses his days of living in the B’ham and makes it personal: he wants to kick the Blazers while they’re down with a 65-point beatdown an old-fashioned ass-whoopin’.

(2) Flashback to Saturday night in Gainesville: up 23-3, Florida gets a good punt return by Brandon James inside the Miami 20. With 1:56 left, Urban Meyer sends Tim Tebow back in, and, after a screen pass, a throw into the endzone, and a lost-yardage run, Florida kicks a sand-in-the-face field goal with :25 left, prompting a death stare from Cane coach Randy Shannon and eventually a “handshake” at midfield after the game. Thoughts?

I have to be honest, I asked this question for the sole purpose of bashing Urban Meyer and watching others do it too. I hate Urban Meyer. Ghost also hates Nick Saban, but respects him. Urban? Not so much. Thomas calls Urban an asshole. Patrick does wish Randy Shannon had punched Urban’s face off. Jai? He makes the Gators/Patriots comparison.

MoonDog and Will took the higher road and didn’t express dislike for Urban Meyer or his move, with good reasoning. MoonDog points out the Gators’ recent fails against Miami and sending the message that Florida is the state’s best team as good enough reason to kick the field goal. Will went all sneaky – he says Miami should act like it’s not big deal on the outside, but use it for motivation to build up to the next meeting with the Gators and exact revenge then.

(3) And finally, a question that I’m not sure has been so directly asked in the course of the Roundtable, but one that needs answering: the “woo” in Rocky Top…do you “woo” and why do/don’t you “woo”?

This question sparked quite a bit of debate, as I thought. We actually had a comment on Gate 21 saying a trumpet player back in ‘92/’93 “woo”ed once. The band caught on and started doing it, then the stadium followed and the rest is history. Whether that’s true or not, the “woo” has been a part of Rocky Top as long as I can remember. But the consensus on the Roundtable? The “woo” sucks.

Thomas says “woo”ing is only for Ric Flair (see below…). MoonDog wants to shoot the aforementioned trumpet player for starting it. Patrick went with the gutsy admission of his love of the “woo,” expressing his inner Mike Gundy. Will? admits he enjoys the “woo,” but also defaulted to Ghost, whose answer was nothing short of epic…

This is going to bring into question my manhood, but I’m OK with that. I’m confident in my sexuality, but I must answer this with a story.

My wife — Mrs. Ghost — is a beautiful but immature lady. I love her, but she’s a Bama fan, No. 1, and No. 2, she absolutely loves 1980s music. Now, I’m not talking about the Thompson Twins, Howard Jones, Africa and all the tolerable stuff. No, no, no. My wife loves the New Kids on the Block. (I have another name for them … Yes, it’s the same as yours.) Well, Mrs. Ghost has been beside herself about the release of NKOTB’s new album — which since I download … er… bought, she HATES by the way — because she loved, loved, LOVED that new song about the Girls of Summer, or something like that.

So, I got the CD for her Sunday afternoon and on the way to church that night, she proceeds to pop in the CD and play the song that is on the radio right now. It is a terrible song with no vocal quality at all, but it’s got a catchy beat. Now, when I say that sentence right there, my wife says, “You know you like it.” And I hate it. The “B-A-N-A-N-A-S” song by Gwen Stefani was horrible. The “My Humps” song is my least favorite song of all-time. Going back even further, I despise “Love Shack” by the B-52’s. But it’s those songs — THOSE HORRIBLE SONGS — that get in your head. So, sure enough, when we were waiting for preaching to start standing on the front porch, I began humming the song. My wife gets a little half-smile, looks at me sideways and says, “See, you DO like that song.” I wanted to punch her.

Anyway, all that brings me to this: I’m completely and whole-heartedly against the WOO! in Rocky Top. I hate it. I think it’s stupid. If we wanted a stupid cheer, we’d have adopted Two Bits from the Gators or not let Ole Miss steal “Hotty Toddy” from us. I hate stupidity. And the “WOO” is our stupidity.

But, but, but in the heat of the moment after we score a touchdown and we’re dancing in the aisles and high-fiving complete strangers and clapping, I’ve caught myself WOOING before. I’m completely and abashedly ashamed. My fandom should be revoked.

That said, I hope there are thousands of WOOs! come Saturday.

Ghost, that took guts. Jai, not to be outdone, gives us his own history of the “woo,” and discusses how 14 year-old girls view the “woo.” I’m still laughing at his answer.

As I commented on 3SIB, I think everybody – even the toughest of the “tough” guys – deep, deep, down, knows they have “woo”ed before – they’re just in denial. And as my last act as Roundtable host, I’m going to plain straight overload on the “woo”…

YouTube Preview Image

Guys, it’s been fun. Maybe lawvol – who also answered my questions here – will let me answer next week…


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Hey, Hey, The Gang’s All Here: A New Face at Gate 21

FB 02 Gate21 <em>Hey, Hey, The Gangs All Here</em>: A New Face at Gate 21 Gate 21I opened the Gate back in mid-November of 2007 with no real idea of what I was getting myself into…

Even now — looking back — I’m still not sure what my goal was.  Due to poor planning and a complete lack of forethought, my first post did not go up until a few days before the Vanderbilt game — the second-to-last game of the 2007 season.  Gate 21 didn’t really develop it’s “persona” until early 2008, but since then things have really expanded and — assuming all the stats counters are correct — a few people have actually read some of the things I’ve had to say along the way.

But this “blogging thing” takes a lot of work…

Thus, seeing that football season is right around the corner, my “real” life job has eaten up almost every second of my life since May, and the fact that I lack any real ability as a sportswriter, it is my distinct pleasure to announce the addition of “Home Sweet Home” as a new writer here at the Gate.

For those of you out there who have been following the Big Orange Roundtable, you will recognize “Home Sweet Home” as the Patrick — the lead voice from The View From the Hill.  Why he wants to leave his highly respectable blog — built on quality and substance — to join-up with yours truly is, I’m sure, troubling to many of you out there.  It may have had something to do with me promising him fame, fortune, and a handful of stick-on tattoos.

Either way, here he will be — at least until he realizes what a blowhard I am.  To start out Home Sweet Home (as in “Rocky Top will always be, Home Sweet Home to me …”) will be taking charge of a few new features here at the Gate, the first of which will be entitled (ta-da!)The View From the Hill.

At any rate, I know that those of you out there in webworld will appreciate the addition to the staff here in that he actually knows how to write an article which is rational, informative, and substantive — which, I suppose, will also be a new feature here at Gate 21.  Needless to say, I am thrilled to have him in the show.

So be sure to welcome him on board when his posts start appearing in the near future.

Oh yeah, and try not to hold it against him that he’s affiliated with me…

– Go Figure …Email lawvol McAlisters%20 %20Crossout <em>Hey, Hey, The Gangs All Here</em>: A New Face at Gate 21 Gate 21



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Shoutin’ Out: Rocky Top Talk

Shoutin Out  | Gate 21

Keepin’ this summertime “love train” going on down the tracks, here’s another shout out to one of the best blogs around — the inimitable Rocky Top Talk

Rocky Top Talk

Rocky Top Talk (or “RTT” as it is often referred to) is pretty much the best of the best in the world of Vol-blogs when it comes to substance and community. RTT really has no match when it comes to serious coverage of everything related to the Tennessee Volunteers.

RTT is constantly updated with news and notes, and has more “breakdown” information than pretty much anybody out there. It has some great regular features, including Blogmaster General Joel’s daily Talking Points, the Animated BlogPolls during football season, and some great stat-ist-ification. In addition to its content, RTT has the best community interaction anywhere in Vol-blog-land — allowing readers and fans to post their own Fanposts and Fanshots, as well as participate in polls, live-blogs, and more. Pretty much, Rocky Top talk has it all, and makes Gate 21 look like the BasketVols under Wade Houston (sigh).

To top it all off, as of this morning, RTT has a new look as it just completed a total facelift from top to bottom — with added features and a really sharp new theme.

So slide on over to Rocky Top Talk and give it a look…

– Go Figure …SIG%20 %20Lawvol%20(Small) Shoutin Out: Rocky Top Talk Gate 21 McAlisters%20 %20Crossout Shoutin Out: Rocky Top Talk Gate 21



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New Look for “3rd Saturday in Blogtober”

Shoutin Out  | Gate 21

Not to toot my own horn, but for the past little while I’ve been working with the folks over at 3rd Saturday in Blogtober to develop some new header graphics as part of a facelift going on over there. Today, their new header went live.

3rd Saturday in Blogtober

Make sure to stop on by and let “Ghost of Neyland” and “Crimson Daddy” know what you think. Also be sure to check out the rest of their blog — dedicated to both the Tennessee Volunteers and the Alabama Crimson Tide (which seemingly defies explanation). They have some great stuff over there and are a real asset to the SEC blogging community.

Oh yeah, and if you don’t like the new header, then … ummm … I had nothing to do with it.

– Go Figure …SIG%20 %20Lawvol%20(Small) New Look for 3rd Saturday in Blogtober Gate 21 McAlisters%20 %20Crossout New Look for 3rd Saturday in Blogtober Gate 21



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Battling for the Blogosphere: StripeHype v. the Bengals

BANNER%20 %20RANTS Battling for the Blogosphere: <em>StripeHype v. the Bengals</em> Gate 21

In case you haven’t noticed (and given the fact most of my readers live in the south, and the fact that the Cincinnati Bengals … well … suck hard, you probably haven’t), there is a major showdown between blogosphere and the NFL brewing. This battle pits the Cincinnati Bengals against the Fan-Sided Blog Network and its StripeHype blog covering the Cincinnati Stripes.

Apparently, the Cincinnati “Football” Bengals — without warning — sent StripeHype (via its network parent Fan-Sided Blog Network) the proverbial lawyerly “nastygram” informing StripeHype and Fan-Sided that if they didn’t cease and desist use of the Bengals identity a lawsuit would be filed. This led to a blow-out between the powers that be at the Fan-Sided Network and the lead writer at StripeHype.

In the end, Fan-Sided backed down at the threat from the Bengals, and the lead writer at StripeHype, quit the blog and has decided to start pulling for the Cleveland Browns (“Hold on, wait a minute, put a little Dog in it! Woof, Woof Woof, Woof Woof…”).

The Bengals — apparently in partnership with the NFL — decided that StripeHype was appropriating the identity of the Bengals and were causing the Bengals and the NFL “serious and irreparable harm.” Ultimately, lawyers for the Bengals and the NFL demanded that StripeHype and Fan-Sided:

  1. Cease any and all use of any NFL and Member Club logos on the Website and on any webpages owned or operated by you.
  2. Cease any and all use of the Bengals’ color scheme, uniform designs and helmet designs on the Website and on any webpages owned or operated by you.
  3. Cease any and all use of any NFL and Member Club trademarks, including the Bengals’ WELCOME TO THE JUNGLE trademark, on the Website and on any webpages owned or operated by you.

See Nastygram, p. 2. <Click to download in PDF Format>

I still just don’t get the position that some institutions take with regard to blogs…

On the first point, I’ll give the Bengals their due, if it’s their trademarked logo, then they have the right to control it. Be that as it may, under the Fair Use Doctrine (See below), I’m not sure that the use of the logo is an infringement in the context it was used (reporting on the Bengals). Newspapers often print team logos next to stories about that team — simply to hel identify the subject matter.

On the third point … well … I understand what they are saying, but wouldn’t Axl Rose and the other members of Guns & Roses also have a claim here as well? While I appreciate they may have trademarked the phrase, the fact remains that the English language is not subject to being trademarked. All that said, I do understand what the Bengals are saying with respect to the use of the phrase within the context of a blog about football, the Cincinnati Bengals, etc.

The second point — at least in part — however, is pretty laughable. Ignoring the issues of helmet designs and uniform designs, telling someone they cannot use a certain color scheme — whether the team uses it or not — is about as absurd a notion as I have ever heard.

Bearing all of this in mind, the larger issue is one going to the heart of the blogosphere — where is the line between “promoting” a team as opposed to “appropriating the likeness” of a team? On one level, this is a question of law and fact, and one which is not always that clear — that’s the stuff that lawyers argue about till they are blue in the face.

On a more practical level removed from the absurdity of legal arguments made by shysters, degenerates, and lawyers (I can say that, I am one) — is reality. In day-to-day life, what is okay and what is not?

As a general rule, the Fair Use Doctrine is embodied by a series of of defenses laid out at 17 U.S.C.A. 107-118. The most important being the ones found in section 107 which reads:

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include–

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

17 U.S.C.A. 107 (2008) (emphasis added). Also see e.g. Harper & Row Publishers, Inc. v. Nation Enterprises, 471 U.S. 539, 105 S. Ct. 2218 85 L. Ed.2d 588 (1985).

This, along with the caselaw construing it, is what protects writers, reporters, teachers, editors and — yes — even bloggers in their reports, analysis, commentary, and other “publications” about whatever subject they choose. While the concepts and court opinions emanating from this doctrine are extremely powerful in terms of the protections they grant, they are defenses (i.e. they are only useful after you are already in court). Thus, they are more academic concepts for most folks, than they are guiding principles.

First of all, I am not going to say that the folks at StripeHype did not cross the line of Fair Use and infringe on the likenesses (copyrighted or otherwise) of the Bengals and the NFL. The reason for this is that — until this story started developing — I had never read StripeHype, and all of the “offending” content has been taken down.

What I will say is this, I think that the powers that be with various teams, schools, institutions, and so forth misunderstand the goal and purpose of the blogger. Today’s blogger was the penny-press writer, pamphleteer, or street corner barker of the late 19th Century. True, the medium and potential reach of the blogger is quite different from those early raiders of the Fourth Estate, but the concept remains the same:

“I have something I want to say publicly, and I’m going to say it…”

Now it does not follow that anyone will actually want to hear what is said (especially in the case of Gate 21) but that is the driving force for most bloggers. Some have an axe to grind, some have a “cause” they seek to promote, some simply want the satisfaction of seeing their thoughts on public display, there are numerous motivations. In the case of sports-related blogs, however, the typical motivation arises from a fan’s dedication to “their team” and their desire to support it more publicly.

In other words, most sports-bloggers — at their basic level — are fans first and writers second.

Thus the question of why a team, league, or player would go after a blog seeking to promote them arises. Now, make no mistake, part of supporting your team often includes bashing your rival — I’m as guilty of that as anyone. There is also a fair amount of satire involved with sports-blogging, which — I suppose — could be taken the wrong way. As best I can tell, none of this was at play in the case of StripeHype — the writers there were fans (stress “were”) of the Bengals. So why go after them?

Well, first of all, the Bengals are hardly new to this. In 2000, they sent a similar cease and desist letter to the anti-Mike Brown site: MikeBrownSucks.com — apparently to no avail since the site is still up and running, and has publicly posted their “Legal Documents Library” which includes their absolutely priceless response to the demand.

Even though I am a lawyer, it seems to me that a quick email asking nicely if StripeHype would remove the logos that the Bengals felt were being infringed upon might have been sufficient. I got such an email from a really nice guy at the Knoxville News-Sentinel asking me to attribute or remove a photograph that I posted which I never realized they owned. I called him, we had a very friendly conversation, I apologized, and I took it down. No harm, no fight, no conflict. He won, I won — and I still read the paper. That, however, just isn’t the way some folks think.

Ignoring what the Bengals “could have done,” however, the only thing that ever really matters when it comes to big-time sports any more is, of course, money. This once again seems to be an issue in the case of StripeHype. The above-referenced nastygram unabashedly keys the fact that they felt StripeHype used these images to make money stating:

Although the NFL encourages noncommercial fan sites, your Website is commercially supported (there are several advertisements and numerous links to third-party websites), and the use of NFL and Member Club trademarks must cease at once.

See Nastygram, p. 1.

It is true that some bloggers do little more than try and use their “platform” for making money on ads, click-thrus, etc. I have ads here on Gate 21, but — to date — I believe that I have made a total of, maybe, $30.00 — and due to minimum payments on revenues, I have yet to get a single check. The ads are there to try and defray some of the costs associated with the operation of this site, not to line my pockets. This is the case for most bloggers.

Ignoring all of this, at the end of the day, the question remains do teams really want to go after fans who are — at least by most standards — promoting them?

Of course, this question is completely rhetorical — there is no answer. Fortunately for me, Mike Hamilton, the Tennessee Volunteers, and the University of Tennessee have — essentially — adopted the “just ignore them” mentality. Thus, I haven’t gotten any nastygrams (Although, in the interest of disclosure, I have sent quite a few in my day, but never as a result of a copyright issue. Damn lawyers!) and Gate 21, my temple of wasted time, continues on.

In the end, I have a feeling that teams and franchises will eventually have to face the issue of bloggers directly. Purely speculating, I would imagine that collegiate athletic programs will — in the end — be far more willing to embrace bloggers than professional sports teams. Bloggers, however, cannot be ignored indefinitely, simply due to their growing popularity. Whether that face-to-face takes the form of cooperation or legal attacks is yet to be determined.

In the meantime, the Bengals appear to have won this battle — on little more than a threat from a young associate at a big law firm in New York. It is a shame that a team feels the need to attack fans like that, but I suppose they felt it was what they had to do.

In completely turning his back on the Bengals as a result, I’m sure the lead writer at StripeHype felt exactly the same way…

– Go Figure …SIG%20 %20Lawvol%20%28Small%29 Battling for the Blogosphere: <em>StripeHype v. the Bengals</em> Gate 21 McAlisters%20 %20Crossout Battling for the Blogosphere: <em>StripeHype v. the Bengals</em> Gate 21


For More Information on Copyright and Blogging, Check out the Following:


*Disclaimer: While the writer of this post is an attorney licensed to practice law in the state in which he resides, this post is not intended to give or offer legal advice, or otherwise render a legal opinion on the matters discussed herein. Furthermore, the author does not actively practice in matters pertaining to media law, copyright, trademarking, or intellectual property, and makes no claims as to the accuracy or correctness of any statements regarding the law(s) herein. Should you have questions regarding such legal matters you should consult an attorney licensed in your jurisdicition.

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