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Will the Supreme Court Play Ball With Fantasy Baseball Leagues?
Fox News ^ | Thursday, May 29, 2008 | Unattributed

Posted on 05/29/2008 6:06:07 PM PDT by seacapn

A fantasy sports league is facing a very real lawsuit from Major League Baseball, and the U.S. Supreme Court is deciding right now whether it wants to play ball.

At issue is a big case roiling the sports world: Can MLB and its players charge fantasy leagues for the right to use their names and statistics?

Fantasy leagues are operated by players who manage imaginary teams based on the stats of real-life athletes. Depending on how their players perform, their fantasy teams thrive or dive in carefully monitored standings.

A St. Louis-based company called CBC Distribution and Marketing Inc. says that companies shouldn’t have to pay licensing fees to use those figures — and they’ve already won their case in two lower courts, so MLB has filed an appeal to the nation's highest court.

(Excerpt) Read more at foxnews.com ...


TOPICS: Business/Economy; Government; News/Current Events
KEYWORDS: baseball; copyrights; fantasyleague; lawsuit; mlb; scotus; trademarks
An interesting legal issue. We'll see whether or not the Supreme Court decides to take this up.
1 posted on 05/29/2008 6:06:08 PM PDT by seacapn
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To: seacapn
“An interesting legal issue. “

Agreed. Statistics should be a no-brainer—it cannot be covered by copyright law, since there is no original content. Sports team names should be covered by trade mark law. Individual names could be trade marked, but there must be a conscious effort to do this.

2 posted on 05/29/2008 6:13:05 PM PDT by Forgiven_Sinner (For God so loved the world, that He gave His only Son that whosoever believes in Him should not die)
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To: seacapn

Are their names and statistics public domain.....?
If so, tell the MLB to kiss off. If not, I want to only see numbers on uniforms, and the announcers can just sit silent as some number walks to the plate.


3 posted on 05/29/2008 6:14:02 PM PDT by ScreamingFist (Annihilation - The result of underestimating your enemies. NRA)
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To: seacapn
MLB and its players association have argued that it’s a question of intellectual property — that the players’ names and stats belong to the players and the league.

Names of public figures are now "intellectual property"? Player performance reported in the media every day is "intellectual property"? MLB and the players union are to be congratulated on the unmitigation of their gall.
4 posted on 05/29/2008 6:14:18 PM PDT by AnotherUnixGeek
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To: Forgiven_Sinner

I think we should pay baseball players royalties for using their stats when Nintendo pays us royalties for using our images in the stands on their video games. To put it another way, it will be interesting to see what happens when baseball alienates its fans just like the music industry is trying to do.


5 posted on 05/29/2008 6:15:17 PM PDT by willyd (Tickets, fines, fees, permits and inspections are synonyms for taxes)
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To: seacapn

Better for the Supremes to waste their time on this than on important issues.


6 posted on 05/29/2008 6:15:31 PM PDT by Brilliant
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To: seacapn
MLB and the rest of the professional sports leagues are stupid to be bringing this suit. They need to ask themselves how many more tickets they will sell or viewers they attract due to fantasy leagues and balance that against potential royalties and ill will this type of action generates.

I suppose their intention is to drive all of this business to outfits like Yahoo with whom they have negotiated royalty agreements, but the reality is that the customers would have already moved to Yahoo if they liked what the bigs have to offer.

The nimrod greedy sports leagues are more likely to kiss these customers, spectators and viewers away than they are to drive them to the fantasy league of their choice.

7 posted on 05/29/2008 6:22:44 PM PDT by Vigilanteman ((Are there any men left in Washington? Or are there only cowards? Ahmad Shah Massoud))
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To: seacapn

Yeah this is a great idea. Make it so I can’t even say a player’s name or talk about their stats with my friends without having the write MLB for permission and tagging every trademarked word with “TM”.

I didn’t give a shit about baseball before. I give even less now.


8 posted on 05/29/2008 6:28:24 PM PDT by TheZMan (Bitter backwoods east Texan Christian gun clinger with the AC at 72 degrees.)
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To: willyd

“I think we should pay baseball players royalties for using their stats when Nintendo pays us royalties for using our images in the stands on their video games. To put it another way, it will be interesting to see what happens when baseball alienates its fans just like the music industry is trying to do.”

I could see paying them for their names or their faces, but not their stats. Stats are public information. Anyone who hears, sees, or reads about the game knows about the stats. Nobody “owns” the stats.

Baseball has already alienated many fans with its strikes. It would be good PR to drop this suit.


9 posted on 05/29/2008 6:32:04 PM PDT by Forgiven_Sinner (For God so loved the world, that He gave His only Son that whosoever believes in Him should not die)
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To: seacapn

Greedy major league baseball, who wants taxpayers to build stadiums for billionnaire owners and millionnaire players, also doens’t want little leaguers to use MLB team names unless they pay for use of the team name. It is exactly this type of thing that has made me a major booster of collegiate sports.


10 posted on 05/29/2008 6:33:27 PM PDT by From The Deer Stand
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To: Forgiven_Sinner

I’m confused on the merits of the case. Do fantasy leagues make/take money? Is MLB somehow damaged by fans pretending? It seems like MLB would be excited by fnas being into this, because it gets people interested in watching and following teams.


11 posted on 05/29/2008 6:37:00 PM PDT by boop (Democracy is the theory that the people get the government they deserve, good and hard.)
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To: seacapn

Attacking ones fan base in order to make more money seems particularly short sighted to me.


12 posted on 05/29/2008 7:20:26 PM PDT by festus (Tagline removed.)
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To: seacapn

There is a more fundamental issue here, one of abject stupidity on the part of MLB. Take a look at a major league game’s stands during the regular season. They are half empty — at best. They still get OK TV ratings, though. That’s because a lot of fans LOVE the stats side of this, and a lot of them play fantasy ball. So, the MLB decides to declare war against the people who are largely responsible for keeping their game afloat. Brilliant. Just BRILLIANT.

Idiots (for those of you who could not tell that was sarc).


13 posted on 05/29/2008 7:27:33 PM PDT by piytar
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To: TheZMan

“I didn’t give a shit about baseball before. I give even less now.”

I was actually starting to get back into baseball again. It’s been a long time coming since the last strike.

F### ‘em now. Won’t bother. Indians who? (They SUCK anyway, so who cares x 10.)


14 posted on 05/29/2008 7:29:53 PM PDT by piytar
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To: Forgiven_Sinner

Agreed, the team names are probably trademarked. There might be an invasion of privacy issue as to using player names or images for commercial gain. The stats should be fair game.


15 posted on 05/29/2008 7:47:44 PM PDT by PAR35
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To: seacapn
You know, with the recent precedents, the fantasy guys are in for a world of hurt.

Using player's names and stats without MLB approval can be viewed as royalty infringement. The US laws are just stupid enough that they will be.

16 posted on 05/30/2008 6:00:22 PM PDT by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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