Viral Video Of 9-Year-Old Girl Football Star... Taken Down Because Of Music

from the now-back-with-awful-music dept

Fri, Nov 9th 2012 8:35am — Mike Masnick

If you follow the "hot viral video of the week" you probably have seen or heard about Sam Gordon, the 9-year-old girl who is pretty damn good at football, (the American kind for all you foreigners), as shown in an impressive highlight reel her father put together: As tends to happen with these sorts of things, Sam was everywhere this week, with all sorts of press coverage including appearances on morning TV shows and such.

Just one problem. The original video had all sorts of famous songs in it:

Without the music in that video — Jane’s Addiction covering The Doors’ “LA Woman” and The Germs’ “Lexicon Devil” (as part of a medley) and the Beastie Boys’ “Soul Fire” (also in a sense a cover) — this video wouldn’t be nearly as effective, and thus not as viral. Her father Brent Gordon, who originally uploaded the video, chose these songs because they are exactly what this video needs. As any Hollywood director knows, pairing the right music with any video makes it way more effective.

Normally, the Beastie Boys, Jane’s Addiction, The Germs, and The Doors could choose to get paid when a video with their music goes viral like this. But that does not appear to be the case here, at this point anyway.

Sure enough, soon after people started pointing that out -- and even though the video had something like 2 million views lined up already, it went down due to a copyright claim. It looks like ContentID showed up late, because the "takedown" mentions a bunch of possible copyright holders, without saying who made the final call:

After all that, Sam's father, Brent changed the music to something that wouldn't get pulled down -- though people are already complaining that the new music is "lame."

We’re pleased to see that the video is online, because that Sam Gordon is a sight to behold, with amazing moves and no small amount of moxie, which is the main reason people liked the video so much. But it’s a shame that the music is now so bad that we couldn’t even make it through one viewing without muting it. With the other soundtrack, I ended up watching it five times in a row.

And thus it was proven for the umpteenth time that A) The right music makes all the difference in a video, and B) Copyright, while necessary, tends to rain on parades, especially when multiple rights-holders get involved.

Of course, depending on your general position in this debate, you can make one of two arguments here. The copyright hardliners will say that this proves the importance of good music and that Gordon should have paid up in the first place. Those who find problems with today's copyright system will note that it's not like your average person is going to even be able to license, let alone want to pay for, songs to stick on a video like this (especially without knowing that it's about to go crazy viral). The music industry could make this easier with a simple database / store option ("want this song for your non-commercial video? $1 -- click here to buy the license") but they don't seem to want to do that. So, instead, we get this situation where no one wins. The video has crappy music. The good music providers don't get paid. How is that a good solution?

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Filed Under: contentid, copyright, sam gordon, viral videos

65 Comments

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Zakida Paul (profile), 9 Nov 2012 @ 8:38am

One small correction
American 'Football' ain't football, it is a softie, nancy boy version of rugby.
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Anonymous Coward, 9 Nov 2012 @ 8:48am

Re: One small correction
European 'Rugby' ain't rugby, it is a softie, nancy boy version of wrestling.
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Devils_Advocate (profile), 9 Nov 2012 @ 8:54am

Would a license have prevented the takedown?
With all the automated takedown crap in play, I believe that even if the songs were licensed, the video still wouldn't have been left up.
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out_of_the_blue, 9 Nov 2012 @ 8:54am

"How is that a good solution?"
First, you probably mean "system" or "situation", because you definitely don't regard it as "solved". -- Or at least I've no hopes that you'll cease your tilting at windmills.

Now, it IS a good situation for society because more or less prevents talentless hacks (or uselessly talented sports players) from too much leveraging off the work of others. It's not difficult to make a video of your own dull or stupid actions and yet have it be "hit" primarily because of someone else's work.

And "someone else's work" is the basis of copyright: to more or less suppress unearned grifting, to try and make it so that the rewards properly go to those who put in the time and money.
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Michael, 9 Nov 2012 @ 8:56am

Re: Re: One small correction
wrestling ain't wrestling. It's a slightly less homo-erotic version of naked Greeks rolling around with each other to honor Zeus.
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The Infamous Joe (profile), 9 Nov 2012 @ 8:57am

Re: "How is that a good solution?"
Are you referring to the 9 year old girl as a talentless sports player? Do you even know what we're talking about?
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Dark Helmet (profile), 9 Nov 2012 @ 8:57am

Re: Re: One small correction
Wrestling ain't wrestling, it's a softie, nancy boy version of Rochambeau....
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Dark Helmet (profile), 9 Nov 2012 @ 8:59am

Re: Re: "How is that a good solution?"
The levels to which OTB can demean another person for what they choose to do in life are astounding. I've yet to meet someone so filled with disdain for a vast majority of people. It's actually quite sad....
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out_of_the_blue, 9 Nov 2012 @ 9:02am

Re: "How is that a good solution?"
PS: Mike is using the "sad plight" of a 9-year old girl for emotional ploy here, but don't forget, you pirates, that "Kim Dotcom" of Megaupload has gotten millions of dollars for essentially the same leveraging of someone else's work! So while the essential principle makes saps sigh "awww, what a shame" here, Mike is simply building a case for commercial grifters.
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The Infamous Joe (profile), 9 Nov 2012 @ 9:02am

Re: Re: Re: One small correction
Rochambeau ain't a good punishment, it's a softie, nancy boy version of choosing to die.
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Chosen Reject (profile), 9 Nov 2012 @ 9:02am

Re: "How is that a good solution?"
You know what else is "someone else's work"? Everything. Society is. The language you use. That word you like to use so much (grifter) was first used in 1915 according to Merriam-Webster. Just a few years later and maybe you'd have to pay someone to use it. It was someone else's work.

This website that you are posting on? Someone else's work.
Your whole stupid shtick? Someone else's work.
The phrase you use for your moniker? Someone else's work.

You, sir, are the talentless hack.
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Anonymous Coward, 9 Nov 2012 @ 9:04am

[i]...But it�s a shame that the music is now so bad that we couldn�t even make it through one viewing without muting it. With the other soundtrack, I ended up watching it five times in a row.[/i]

Not just an obnoxious snot-monster, but also a dirty, freeloading pirate hypocrite.
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Anonymous Coward, 9 Nov 2012 @ 9:06am

Re: Re: "How is that a good solution?"
Pretty sure Kim got his money for providing an amazing service....
Either as an awesome file locker or a fantastic video platform.

If he can make millions from that why can't the **AA make money by using a similar format? Oh yeah because they'd make more money if the internet never existed so they'll pretend it doesn't.
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Michael, 9 Nov 2012 @ 9:08am

Re: Re: "How is that a good solution?"
Sad plight?

Did you watch the video - no sad plight here. She's friggin' awesome!
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Anonymous Coward, 9 Nov 2012 @ 9:11am

Re: Re: "How is that a good solution?"
anasswipesayswhat?
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Chosen Reject (profile), 9 Nov 2012 @ 9:14am

Re: Re: "How is that a good solution?"
Did Mike also use the "sad plight" of a 33-year old man for emotional ploy yesterday? Did we all go "awww, what a shame" for that takedown? No, and you knew that.
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Baldaur Regis (profile), 9 Nov 2012 @ 9:16am

Re: Re: "How is that a good solution?"
On behalf of talentless hacks everywhere, I resent your...um...you know...what you said there.
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Anonymous Coward, 9 Nov 2012 @ 9:17am

blocked in canada due to copyright
cant see what your talking about.....
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Anonymous Coward, 9 Nov 2012 @ 9:17am

Re: "How is that a good solution?"
"suppress unearned griftin"
That would get rid of the collection agencies.
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Michael, 9 Nov 2012 @ 9:20am

Re: blocked in canada due to copyright
It's actually blocked because it isn't hockey.
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:Lobo Santo (profile), 9 Nov 2012 @ 9:27am

Re: "How is that a good solution?"
Relevant

Carry on, Sancho, carry on.
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Anonymous Coward, 9 Nov 2012 @ 9:27am

why should anyone have to pay for a license to use music in any non-commercial video anyway? this whole copyright debacle is way out of hand and the various governments are doing nothing to sort the problems out. in fact, they are doing the exact opposite, making things easier for the industries to force take downs, then sue if they want, more difficult for the public to use the stuff (which stops an extra free play for the industries) and really piss people off!!
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Milton Freewater, 9 Nov 2012 @ 9:31am

Re: "How is that a good solution?"
"First, you probably mean "system" or "situation", because you definitely don't regard it as "solved"."

so�lu�tion/səˈlo͞oSHən/
Noun:

1. A means of solving a problem or dealing with a difficult situation: "there are no easy solutions to financial and marital problems".

Only you would go out of your way to nitpick about someone else's use of a word and then get the definition wrong.

"It's not difficult to make a video of your own dull or stupid actions and yet have it be "hit" primarily because of someone else's work."

The musicians are talentless hacks? That's a little cold, bra. I like the Germs.

"so that the rewards properly go to those who put in the time and money."

Offer an example of how, thanks to this takedown, that is happening.

Not gonna lie - I was hoping to see some kind of substantive argument from the pro-copyright side on this one. Maybe there isn't one. I honestly agreed with the takedown until I read your post.
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Anonymous Coward, 9 Nov 2012 @ 9:34am

Aren't there alternative video servers besides these big brother assholes?
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Ruben, 9 Nov 2012 @ 9:36am

Re: Re: "How is that a good solution?"
I'm really having trouble understanding why content creators spend all of their time yelling and screaming and stamping their feet when they could expend half the effort making a service people want to use. You know, working with people to figure out what's good and then doing it?

It's like they're creating their own destiny or something.
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Rapnel (profile), 9 Nov 2012 @ 9:41am

Re: Re: Re: Re: One small correction
Finally! Somebody chose death.
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Josef Anvil (profile), 9 Nov 2012 @ 9:43am

Valid Point
This may make copyright maximalists quite happy. I actually agree that musicians should get licenses for music on YouTube and similar services.

With that said, I'm not sure how it should be set other than an arbitrary $.99 (seems like a decent number). The problem with the industry is that it seems to believe that the internet is like TV or Movies and that it's entitled to some insane license for music put on non-commercial video.

I should add that this music license should not be imposed on videos posted that just happen to have music playing in the background.

I'm guessing that the reason these licensing deals have always been fees, rather than a percentage of net revenue, is that all the players in the field have similar accounting practices that always show zero profits.
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Anonymous Coward, 9 Nov 2012 @ 9:57am

Re: Re: Re: Re: Re: One small correction
Well, they were all out of cake.
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gorehound (profile), 9 Nov 2012 @ 10:12am

I AM SO HATING MAFIAA !
Fuck their shit up.I am just so sick of reading these Stories of Copyright Assholes picking on little people for no reason at all.
I have absolutely no sympathy at all for MAFIAA and would love to see some really really bad things happen to them.

Hope someone makes me a happy person some day.
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Kelly (profile), 9 Nov 2012 @ 10:15am

It really is sad when a popular video that provides lots of free advertising for artists gets yanked because the studios aren't getting any money for it.

Seriously, why do non-commercial videos get treated as if they were major commercial endeavors backed by deep pockets? Whatever happened to fair use?
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orbitalinsertion (profile), 9 Nov 2012 @ 10:16am

Re:
It is potentially commercial use because people can potentially make money off the ads displayed when the videos are viewed, plus, Youtube makes money off ads in this manner.

That's how they play the commercial use angle.
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orbitalinsertion (profile), 9 Nov 2012 @ 10:17am

Re:
How would changing video servers make a difference?
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orbitalinsertion (profile), 9 Nov 2012 @ 10:18am

Re:
Fair Use is an argument you make after the fact, in court.
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TroutFishingUSA, 9 Nov 2012 @ 10:20am

Re:
Define "non-commercial."

Youtube is most definitely a major commercial endeavor backed by deep pockets.

I suspect that if the father had just spread the video via email and p2p, it wouldn't have been yanked.
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egghead (profile), 9 Nov 2012 @ 10:29am

Re: Re: Re: Re: Re: Re: One small correction
Then, I'll have the chicken!
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TroutFishingUSA, 9 Nov 2012 @ 10:30am

Re: Re: Re: "How is that a good solution?"
If he can make millions from that why can't the **AA make money by using a similar format?

Come on, man, you can't be this dense. I highly doubt the total profits from Megaupload would come anywhere close to the amount of money spent to create the content it distributed illegally.

In case that isn't clear enough: there's only "millions" in the content-give-away game if you're not also footing the bill to create the content being given away.
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Anonymous Coward, 9 Nov 2012 @ 10:30am

Re: Valid Point
"I actually agree that musicians should get licenses for music on YouTube and similar services."

Non-commercial uses like this video are a perfect example of something that I feel should probably be limited to attribution. People that like the song will probably go look for it, and everyone benefits.

Licenses should be limited to commercial aspects, such as advertising campaigns, trailers, etc... The lines can get blurry, but I think it should be easy for the courts to create a dividing line.
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Ed Semeniuk, 9 Nov 2012 @ 10:32am

Given how fast she runs in the video, Yakkety Sax would be far more appropriate.
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egghead (profile), 9 Nov 2012 @ 10:32am

Re: Re: Re: "How is that a good solution?"
They only think they'd make more money if the internet never existed.
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Grover (profile), 9 Nov 2012 @ 10:33am

Music licensing
It was back in 2009 that I put together a photo montage of my brother's Boss Hoss that I'd done a lot of metalwork/fabrication on. The two songs I chose to incorporate into that video were perfect for the feel and tempo of it. Unfortunately, as soon as I uploaded it to Youtube, I was met with the message that the music would be muted because of copyright issues. Well, crap. So, I DID NOT UPLOAD IT to Youtube because of that - I just couldn't find any other music that was close to the original two from Youtube's free collection.

Anyway, almost two years later, while perusing Youtube for Boss Hoss videos, I CAME ACROSS MY OWN VIDEO, WITH THE ORIGINAL TWO SONGS ON IT!!! The information on the video said there was a standard Youtube license applied. While I am happier-n-chit over seeing the video out there, what interests me is how did that happen, and who put it out there? I never uploaded the video!

Non-commercial use of a song for home-made videos, regardless of whether they're put out there on the web or used for home viewing (as in weddings, funerals,or immortalizing a child's accomplishments), shouldn't be subject to greedy monetizing. Greedy monetizing efforts should be contained within the context of commercialization, period. My two cents.
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Anonymous Coward, 9 Nov 2012 @ 11:06am

Video has now been "pulled by the user".
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Anonymous Coward, 9 Nov 2012 @ 11:14am

Re:
But can still be seen here (and other links):
http://www.youtube.com/watch?feature=player_embedded&v=JqydG0BtX68
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Anonymous Coward, 9 Nov 2012 @ 11:31am

Re: Re: Re: Re: "How is that a good solution?"
Other than being taken offline by the US Government, Megaupload has yet to be convicted of any illegal activity.

People like you are why there is now a guilty until proven innocent system in place
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John Fenderson (profile), 9 Nov 2012 @ 11:32am

Re: Re:
Hmmm, last I checked my ISP was a commercial operation and my email handler was a commercial operation. None of that makes what I do with them commercial activities.
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Anonymous Coward, 9 Nov 2012 @ 11:36am

Why can't youtube just mute the video rather than taking the whole thing down?

Don't the takedown notices have to specify the infringing portion? They can't possibly be claiming infringement on the entire video because of the soundtrack can they?
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Anonymous Coward, 9 Nov 2012 @ 11:41am

Re: Re:
Did you know that the email service the father would likely be using is a major commercial endeavor backed by deep pockets?
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Vincent Clement (profile), 9 Nov 2012 @ 11:46am

Re: Re: Re: "How is that a good solution?"
Because they equate the loss of control with the loss of revenue - or least the loss of revenue under the old business model that they had total control over.
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YoMomma, 9 Nov 2012 @ 11:52am

Re: Re: Re: Re: Re: Re: Re: One small correction
Chicken, Cake, Death, Ruby, Football is nothing compared to the girlie game of cricket. Get a life people and go on a date!
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Anonymous Coward, 9 Nov 2012 @ 12:12pm

Re: Re: Re: Re: "How is that a good solution?"
"In case that isn't clear enough: there's only "millions" in the content-give-away game if you're not also using Hollywood math.

Fixed that for you.
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Edward Teach, 9 Nov 2012 @ 12:31pm

Re: Re:
Aye, mate, more's the pity. You have to admit to infringement before fair use comes into play. This illustrates why fair use should be presumptive rather than a defense.
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Anonymous Coward, 9 Nov 2012 @ 1:20pm

Re:
We're dealing with individuals who take down music based on birds singing, of all things.

There's no reasoning with such people.
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Anonymous Coward, 9 Nov 2012 @ 1:52pm

meh
So hard to care even a little tiny bit about this.
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Anonymous Coward, 9 Nov 2012 @ 2:08pm

Re: meh
Good thing you were so late to the party then, sparky.
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Anonymous Coward, 9 Nov 2012 @ 2:31pm

Aren't the bands mentioned all groups that no longer exist anyway?
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Shadow Dragon (profile), 9 Nov 2012 @ 3:52pm

Re: Re: "How is that a good solution?"
Oh finally you brave enough to response,I thought you're some kind of pussy.
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techflaws (profile), 9 Nov 2012 @ 10:18pm

Re: Re: Re: Re: "How is that a good solution?"
Come on, man, you can't be this dense. I highly doubt any of the charges presented by the US government, those inepts just can't be trusted.
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techflaws (profile), 9 Nov 2012 @ 10:23pm

Re:
why should anyone have to pay for a license to use music in any non-commercial video anyway?

Cue AC jackass now playing "Jane's Addiction - Been Caught Stealing".
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techflaws (profile), 9 Nov 2012 @ 10:26pm

Re: Re:
Unless you're in Germany of course.
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techflaws (profile), 9 Nov 2012 @ 10:40pm

Re: meh
Apparently enough to bother to post here about this, meh.
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anon, 10 Nov 2012 @ 4:29am

Re:
A simple way to get back at them...
Show everyone you know how to use torrents, encourage them to use it and if they buy a cd or dvd download it immediately and start playing it, that should shock them into torrenting very quickly.
If you see people you know buying cd's or dvd's just gently laugh and encourage them to change and not spend there money on outdated plastic disc's

All anyone has to do is get three people to stop buying and very soon there will be no MPAA to attack the average joe for sharing good videos because there is music in the background.

Every time I read a story like this I do my bit to make sharing more available to everyone I know. Seriously I alone have probably cost the industry at least 40 people that used to buy dvd's and cd's and that is the direct encouragement I am sure they have told friend's who have told friends who have told friends(it feels good getting back at the monopolists). I look at it as my way of boycotting and doing my part to force them to come into the future, which they are fighting with everything they have got.
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PaulT (profile), 10 Nov 2012 @ 9:03am

Re: One small correction
Call me crazy, but I always thought that the sport that should be called football would be the one where you, you know, use your feet? A game where half of the game involves picking it up and carrying it doesn't count in my book. Especially one where you stand and wait around after every attempt to move up the field!

Luckily, I don't give a crap about either game :)
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KJ (profile), 11 Nov 2012 @ 5:27am

This isn't football
That isn't football. It's handegg
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Shadow Dragon (profile), 11 Nov 2012 @ 6:56pm

Re: Re:
That's what MAFIAA only knows,which it's sad.
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Niall (profile), 12 Nov 2012 @ 2:53am

Re: Re: Re: "How is that a good solution?"
SO I have to ask: Bognor Regis or Baldur's Gate?
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Bergman (profile), 12 Nov 2017 @ 7:29am

Re: One small correction
If you hit people while playing rugby as hard as American football players routinely hit each other, there would be fatalities.

Even attempting to do so can get you ejected from a rugby match for being too rough. A yellow card in rugby is a normal football play. A rugby red card will result in football play being halted to check for injuries, but then play resumes.

So no, American football isn't nancy boy rugby, rugby is nancy boy American football where people are too afraid of hurting each other to get properly into the game.
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