From the thresq.com blog:

Summit Entertainment is certainly pleased that “The Twilight Saga: New Moon” is approaching the $500 million mark in global boxoffice. But the film has also become a hot commodity in piracy circles.

From the thresq blog:

In the 1996 film “Happy Gilmore,” Adam Sandler showcases an unorthodox golf swing to win the Tour Championship and save his grandmother’s home from IRS debt.

• A case brought by more than 185 indie rockers against Rolling Stone magazine was heard yesterday at the 1st District Court of Appeal. The musicians are suing the publication for misappropriating their likenesses for commercial purposes by featuring a spread entitled, “Indie Rock Universe” next to a four-page advertisement for Camel cigarettes. The appeals court will decide whether the story constitutes pure free speech or commercial speech.
• In a sign that ISPs may get more involved in the piracy wars, Verizon is expected to begin sending out letters on behalf of the RIAA to alleged illegal file sharers. In the letter, recipients will be advised they are being accused of illegally swapping songs and to delete the content they distribute. For now, Verizon won’t threaten to terminate service.
• Speaking of the RIAA, HBO Films will document the “rise and fall” of the U.S. record industry in a movie based on Steve Knopper’s book, “Appetite for Self-Destruction.” Expect to see a heavy dose of legal characters as the film will get into the industry’s battle with Napster, among other topics.
• Is a class action in the works on behalf of victims of social gaming scams? Gawker’s Valleywag blog thinks so.
• A Tennessee district court has denied A&E Television Networks’ motion to dismiss a copyright infringement lawsuit brought by the owner of “Rocky Top,” the state song of Tennessee. The A&E show “City Confidential” featured the University of Tennessee marching band performing the song for 12-14 seconds. The court ruled that it was too early to determine whether the song’s use was transformative.

Captain Morgan may have pulled off the quietest and shortest-lived advertising ambush in sports history last Sunday. One that was almost universally unknown, barely noticed, and yet, promptly squashed by the NFL this week.

Like the other 21.9 million viewers watching the Dallas Cowboys face the Philadelphia Eagles on Sunday night, you probably missed it. But the brand name known for spiced rum achieved the rare feat of sneaking an advertising fastball by the NFL – in the middle of a nationally televised game, no less. During the third quarter of Dallas’ 20-16 win, Eagles tight end Brent Celek(notes) caught an 11-yard touchdown pass from Donovan McNabb(notes), then appeared to purposefully back up and align himself in front of television cameras. Putting his hands on his hips, Celek raised his right leg, mimicking a pose similar to the pirate on Captain Morgan’s label.

As far as anyone knows, it’s the first time we’ve seen that type of guerilla-style advertising campaign in an NFL end zone. And if the league has its way, it will be the last, too. The “Captain Morgan” was effectively banned this week after the league learned of a wider campaign meant to get players to repeatedly strike the pose during NFL games.

“A company can’t pay a player to somehow promote it’s product on the field,” NFL spokesman Greg Aiello told Yahoo! Sports this week. “Every league has the same rule. … It’s come up before, companies trying to use our games and then players for ambush marketing purposes.”

Celek’s pose actually resulted in a 15-yard penalty for demonstration, which was incurred when teammate Jason Avant(notes) tried to help him achieve the perfect Captain Morgan form. Afterward, Celek spoke through an Eagles spokesman and denied any knowledge of a Captain Morgan campaign. But an account executive handling the promotion told Yahoo! Sports the Eagles tight end was indeed involved.

In hopes of raising brand awareness, Captain Morgan intended to offer lucrative charity contributions in exchange for each instance a player was caught on camera doing its pose during a game. The contributions were earmarked for the Gridiron Greats Assistance Fund – a non-profit which helps retired NFL players with various hardships after leaving the game.

“The [ad campaign] has been going around internally for a while and [Celek] learned of the program through his contact at Diageo [Captain Morgan’s parent company],” said Glenn Lehrman, an account director at Rogers & Cowan, the Los Angeles-based firm that handles Captain Morgan promotions. “Brent said, ‘You know what, if I get the opportunity, I’m going to go ahead and do it.’ He sort of beat us to the punch, but we’re certainly not going to complain.”

Rest of the article here.

The first player to be suspended by the PGA Tour for testing positive for a performance-enhancing substance was asking a federal court Friday to lift his suspension.

An attorney for golfer Doug Barron said a hearing was being held Friday morning in U.S. District Court in Memphis on a lawsuit filed the day before seeking an immediate injunction from the court to let him play.

Lawyer Jeffrey Rosenblum said Barron was seeking a decision in time to compete in the PGA Tour Qualifying Tournament next week.

Barron, a 40-year-old journeyman who lives in Tennessee and lost his tour card three years ago, was suspended this month for one year. Under its doping policy, the tour announces a suspension but does not disclose what substance a player used.

In court documents, the PGA said Barron was tested on June 11 during the St. Jude Classic in Memphis and the sample was positive for propranolol, a beta-blocker, and testosterone.

Andrew Levinson, the executive director of the tour’s anti-doping program, said in court documents that Barron had sought prior approval from the tour to use the substances based on medical needs, but his applications were denied.

But according to the lawsuit, the PGA Tour was aware Barron had been taking beta blockers when he was tested at the St. Jude Classic — the only tour event he played this year.

On Nov. 2, the tour announced his suspension for one year, a surprise to many players who knew Barron.

“I’ve never tried to gain any advantage over my peers,” Barron said, according to the Memphis Commercial Appeal.

According to media reports, in the suit, Barron said he has been taking beta blockers for a heart condition for 22 years and testosterone shots for low testosterone since 2005 — both prescribed by doctors.

Rest of the article here.

From Professor Rick Karcher at the Sports Law Blog:

USA Today is reporting today that Boise State has officially formed a non-profit corporation and will begin selling shares to the public at $100 per share in hopes of raising $20 million (Boise State Athletic Department Hopes Stock Offering Raises $20 Million). AD Gene Bleymaier said, “If we are to continue the success we are enjoying now we must generate new revenues to pay for coaches’ salaries, scholarships and facilities.” The shares will not pay dividends, but shareholders can vote on members of a 12-person board at an annual meeting and the board will determine how money raised through the offering would be spent. Bleymaier also said this fundraising program mirrors the offering made by the Green Bay Packers when they raised $24 million in the sale of more than 105,000 shares back in 1997.

If this is true, needless to say, it’s a very interesting development. One would certainly think this has to violate some provision, somewhere, in that 437-page NCAA Bylaw manual. It also raises all kinds of interesting corporate law questions in the context of fiduciary duties, state and federal securities regulations and non-profit corporation laws, just to name a few. The more I think about it, this has to be a joke, right?

Perhaps Boise State is just trying to make a point, and if so, their point is well-taken because this is no different than what is already taking place in big-time intercollegiate athletics. The only difference is that we call them boosters, not shareholders.

This new development also relates to the topic of my article I posted on two days ago because the proceeds generated from this stock sale are earmarked to fund coaches’ salaries. Boise State along with Cincinnati and TCU are prime candidates to have their successful football coaches solicited by competitor schools, making them soon-to-be victims of both tortious interference and breach of contract. The presidents of these three schools have a choice. They can either pay their coaches more money or let them go and then proclaim that they are “powerless” to do anything about rising salaries. Or, they can exercise their legal rights and stand up for all the current and prospective student-athletes who committed to their school in reliance on the fact that their coach was obligated to be there for a period of years….the same student-athletes who, unlike their coach, are prohibited from transferring to another school.