RaptorQuiz Posted October 17, 2007 Share Posted October 17, 2007 LINK: http://www.stltoday.com/stltoday/sports/st...85?OpenDocument Court rules players' stats are fair game By Derrick Goold ST. LOUIS POST-DISPATCH 10/17/2007 The use of professional athletes' statistics and names is protected by the First Amendment and fair game for companies that run fantasy sports leagues, a federal court ruled Tuesday in St. Louis. CDM Fantasy Sports, a St. Louis-based company, does not need a license from pro-sports organizations to run its online games, according to a decision from the U.S. Eighth Circuit Court of Appeals that affirmed a lower court's decision. The three-judge panel rejected an argument from the Major League Baseball Players Association, one echoed in complementary briefs filed by almost all of the country's professional sports leagues. "It means that the fantasy-sports industry can continue to grow, continue to improve and innovate," said Charlie Weigert, a vice president at CDM who began the legal tussle in 2005 by operating a baseball league without a license from MLB Advanced Media. "It means the leagues cannot stymie the industry, cannot control it like they wanted to control it." The industry's trade association estimates that 19.5 million people in the United States and Canada participate in fantasy sports and that it is a $1.5 billion industry. The MLBPA argued that using players names and statistics infringed on the athletes "right to publicity." In a brief filed with the court, the NFL Players Association wrote an affirmed decision would "jeopardize the publicity rights that professional athletes have created by their years of toil, training, and performance and will potentially allow (CDM) and others to be unjustly enriched by their 'free-riding' use of identities without compensation." The court ruled that the First Amendment trumped the rights of publicity. "It would be a strange law that a person would not have a First Amendment right to use information that is available to everyone," the decision read. "We're disappointed with the decision," said Greg Bouris, the MLBPA spokesman. "And we're considering our options." In addition to the NFLPA, briefs in support of MLBPA's argument were filed by the NBA, the NFL, the WNBA, NASCAR, the NHL and the PGA. The interest from the other organizations hint at the ripple effect Tuesday's ruling could have on how licensing applies to fantasy sports leagues. "We saw the entire sports world lined up against us," said attorney Rudy Telscher, who represented CDM. "This (decision) shows that the players and leagues do not own the historical facts that flow from their performances. The same rights that apply to papers and biographies are the same rights now for games." I bolded the part that makes it all make the most sense to me. Thoughts, anyone? Link to comment Share on other sites More sharing options...
abc006 Posted October 17, 2007 Share Posted October 17, 2007 This has been ruled on before, back when STATS just started maybe 10 or 15 years ago, they ruled that statistics and information like that themselves where not owned by or limited to strictly MLB or any other proffessional sports league. Link to comment Share on other sites More sharing options...
RaptorQuiz Posted October 18, 2007 Author Share Posted October 18, 2007 Well I guess they had to go over it again. :) Link to comment Share on other sites More sharing options...
abc006 Posted October 18, 2007 Share Posted October 18, 2007 Apparently so... :? If you want more information, read The Numbers Game by Alan Schwarz, it's a fantastic book. Link to comment Share on other sites More sharing options...
philliesphan18 Posted October 18, 2007 Share Posted October 18, 2007 Gotta love that quote in bold there: Link to comment Share on other sites More sharing options...
MarkB Posted October 18, 2007 Share Posted October 18, 2007 Gotta love that quote in bold there: Now if only that logic was used in all walks of society and legality where it is applicable, then the world would be a better place. Link to comment Share on other sites More sharing options...
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