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  • "USTAF" threatens to sue Oiselle over photo editing

    http://sallybergesen.tumblr.com/post/86 ... o-a-pic-we

  • #2
    Re: "USTAF" threatens to sue Oiselle over photo editing

    What utter fucking greedy Nazi Fascist bullshit!!!

    If I were Oiselle's CEO, I'd tell USATF....and particularly Nike....where they can SHOVE IT!!!
    Fuck those bastards!!
    They, and at least ONE of their more renowned Coaches, are a TOXIC worm crawling thropugh the heart and soul of Track and Field!!

    Take that "swoosh" and stab thee in the heart, Oh Slavemaster!!
    I'm done with thee!!

    For one, I think the Oiselle-designed racing uniforms are BEAUTIFUL...far more attractive than the Nike brand worn by the Nike Oregon Project!!
    Also the stark yellow worn by the Brooks Beasts!

    Nike's TAKEOVER of USATF is akin to any corporate monstrosity taking over whatever little companies they decide they want, no matter the consequences!!

    So I do NOT support Ms Bergeson's acquiescence to Nike's demands and THREATS!!
    I mean, come on, Nike is AFRAID a little photo is going to RUIN their entire business stock??
    They must not be as healthy in the wallet as they purport themselves to be in their hubris!!
    Seems Goliath is scared shitless of little David!!
    Oh Woe!!

    I hope Nike FAILS!!
    I hope at least one of their more renowned coaches winds up BANNED from the sport!!

    FUCK Nike!!

    Comment


    • #3
      Re: "USTAF" threatens to sue Oiselle over photo editing

      no need to hold back, aaronk. Let us know how you really feel. :lol:

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      • #4
        Re: "USTAF" threatens to sue Oiselle over photo editing

        Aha, the perils of a liquid breakfast . . . .

        Certainly worth a TAFNY though.

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        • #5
          Re: "USTAF" threatens to sue Oiselle over photo editing

          I have no love for Nike, their tactics or their stranglehold over our sport, but I'm not sure I see anything wrong with the way they are approaching this. The points they're making seem perfectly legitimate, and I hope Oiselle doesn't try to fight it because they are likely to lose more than they'll gain. It's simple business.

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          • #6
            Re: "USTAF" threatens to sue Oiselle over photo editing

            Legally it is all tidy and clean..

            I assume that it is possible for you to take and send images of athletes competing. So taking an image and doctoring it to remove the Nike logo is no problem so long as you are not engaged in a commercial enterprise. Once it is done to advance a product or service that you are making real money through then you run a risk of getting a thoughtful letter from a lawyer. Sounds like she is wrong.

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            • #7
              Re: "USTAF" threatens to sue Oiselle over photo editing

              I have no issue with this....I mean I know everyone hates USATF (including me of course), but they can't allow someone to take their "product" (Team USA) that is sponsored by Nike and use it to promote other brands. That would cause issues with Nike, and they could lose the money that allows the athletes to go to events like the World Relays. Oiselle is definitely in the wrong here, trying to use an international event as shameless marketing for themselves. If they want to have a brand presence at an event like this, then they need to sponsor a national team. USATF is clearly in the right here, and that letter should not have been publicized in an attempt to make USATF look bad. end rant....

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              • #8
                Re: "USTAF" threatens to sue Oiselle over photo editing

                Thanks, guys and gals, for your calm (and somewhat humorous) response to my earlier rant!
                That said, let me ask a question.

                Isn't what Oiselle did (doctoring the photo) akin to what Mad Magazine, The Onion, SNL, and various other satirical and parodist entities do??

                I don't see it as an attempt by Oiselle to "sell" their product.
                If you follow Twitter like i do, you'll see how enthusiastic the response is to Oiselle's line of clothing and other running gear.
                It's about, oh, 100% positive.

                They may not have the money and power Nike (or Brooks, Asics, NB, etc) have, but they have more heart and soul and COMMUNITY SPIRIT than all those "major" brands put together!!

                Again, based on what I read and see on Twitter.
                Not to mention Kara Goucher's beautiful statement when she made her decision to join Oiselle.

                So again, I see this (what Oiselle did) as a joke.
                It's only Nike (and USATF) that has made this into "serious" business!!

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                • #9
                  Re: "USTAF" threatens to sue Oiselle over photo editing

                  Originally posted by aaronk
                  Thanks, guys and gals, for your calm (and somewhat humorous) response to my earlier rant!
                  That said, let me ask a question.

                  Isn't what Oiselle did (doctoring the photo) akin to what Mad Magazine, The Onion, SNL, and various other satirical and parodist entities do??

                  I don't see it as an attempt by Oiselle to "sell" their product.
                  If you follow Twitter like i do, you'll see how enthusiastic the response is to Oiselle's line of clothing and other running gear.
                  It's about, oh, 100% positive.

                  They may not have the money and power Nike (or Brooks, Asics, NB, etc) have, but they have more heart and soul and COMMUNITY SPIRIT than all those "major" brands put together!!

                  Again, based on what I read and see on Twitter.
                  Not to mention Kara Goucher's beautiful statement when she made her decision to join Oiselle.

                  So again, I see this (what Oiselle did) as a joke.
                  It's only Nike (and USATF) that has made this into "serious" business!!
                  No, its not a joke, it's obviously meant to be an attack on Nike and USATF. (and a promotion of other brands). And when SNL or the Onion make fun of something, they don't use it as a platform to promote products under a different brand than the brand that owns the product.

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                  • #10
                    Re: "USTAF" threatens to sue Oiselle over photo editing

                    Is this the same Nike that famously had a couple of it's marquee athletes cover up a competitor's logo with the flag during the basketball gold medal ceremony in Barcelona? http://www.forbes.com/sites/kurtbade...ic-basketball/

                    What I find most disheartening is how quickly USATF responds to this issue when they STILL haven't responded to some of the issues that were brought up to them at indoor nationals.

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                    • #11
                      Re: "USTAF" threatens to sue Oiselle over photo editing

                      Re the above comment by americantrackfan:

                      Isn't this what Nick Symmonds (and maybe even TFAA) was/is trying to do.....to have athletes allowed to wear their own brand uniforms, even when competing in a Nike-sponsored meet?

                      I understand the idea behind "When we play with MY ball and bat, we play by MY rules!!".
                      But that doesn't mean I agree with it!

                      And that's why there's another thread talking about a possible boycott or strike by pro athletes!!

                      Again, I just don't see what Oiselle did as any kind of threat----insult, yes; threat, no----to the Nike brand, or to its success and economic survival.

                      They've (Nike & USATF) blown this WAY out of proportion!!
                      I hope Symmonds, Will Leer, and other outspoken pro's will speak to this.

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                      • #12
                        Re: "USTAF" threatens to sue Oiselle over photo editing

                        Originally posted by aaronk
                        Re the above comment by americantrackfan:

                        Isn't this what Nick Symmonds (and maybe even TFAA) was/is trying to do.....to have athletes allowed to wear their own brand uniforms, even when competing in a Nike-sponsored meet?

                        Well, sort of. The athletes have generally been reasonably respectful of the fact that Nike gives USATF $$$ in exchange for the Team USA uniforms. The biggest issue was restrictions at USATF Championships, a thing that USATF totally pulled out of its ass. The next issue in that department is restrictions at the Olympic Trials, which are arbitrarily set by the USOC, and not applied equally to all sports, and then it would be IAAF meets like the Diamond League meets.

                        I am sure that the non-Nike athletes would love other options when it comes to Team USA gear, but most of them accept the reality of how sponsorships work.

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                        • #13
                          Re: "USTAF" threatens to sue Oiselle over photo editing

                          I find the issue over the photograph interesting. I find intellectual property laws interesting and I don't know a ton about everything at play here, I hope one of our more legally minded members can chip in.

                          I never saw the photo, but I don't think Sally is at the meet, so it's not like she took the photograph herself.

                          First, it is unclear if a Nike swoosh was replaced by a bird, or just removed from the photo. If it was replaced, then USATF/Nike's outrage is pretty understandable, that's basically falsely representing that you made a piece of clothing, and/or have a sponsorship with Team USA that you don't. If the swoosh was simply removed... sure, I get the outrage, but it is less outrageous to me, in part because USATF and Nike do stuff like that ALL.THE.TIME.

                          If the photo is one that was taken by USATF, then they have the legal rights to it and it is reasonable that they ask it not be altered.

                          If it was taken by someone with media credentials... you have restrictions given to you when you get those credentials, and certainly some common sense. A journalist wouldn't replace the swoosh with something else, and I doubt most would edit it out just for the sake of spiting Nike. But magazines/papers/etc can and do edit photos for journalistic reasons. If I was T&F News, this letter would make me a little uncomfortable... What if they crop a photo and a swoosh gets cut out. Are they going to start getting phone calls from USATF's lawyer demanding that they not crop out swooshes?

                          If cameras were allowed at the meet, and this was a photo someone shot from the stands (which I doubt it was, but let's speak hypothetical), I am not sure what kinds of legal rights USATF still has. If someone goes to a public event, takes a picture in a public place, they more or less have the right to edit it however they want in the name of artistic freedom.

                          If I go to World Juniors (I'm not), buy tickets, sit in the stands, take a picture with my cell phone that includes a Team USA athlete, then make a stupid internet meme and one of the words obscures a Nike swoosh, am I going to get a C&D?


                          Anyway, if I was Norm, I would have started out with a phone call to Sally and asked her nicely to take it down. If I was Sally, I would have said bring on the C&D letter because I'll just post it online and stir the pot more.

                          Comment


                          • #14
                            Re: "USTAF" threatens to sue Oiselle over photo editing

                            Originally posted by polevaultpower
                            I find the issue over the photograph interesting. I find intellectual property laws interesting and I don't know a ton about everything at play here, I hope one of our more legally minded members can chip in.

                            I never saw the photo, but I don't think Sally is at the meet, so it's not like she took the photograph herself.

                            First, it is unclear if a Nike swoosh was replaced by a bird, or just removed from the photo. If it was replaced, then USATF/Nike's outrage is pretty understandable
                            Your answer is at the bottom of the letter addressed directly by Ms. Bergeson.

                            Comment


                            • #15
                              Re: "USTAF" threatens to sue Oiselle over photo editing

                              I have no ties to either company or really give a hoot about this but why would anyone outside of the principals involved be up in arms about it?

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