staminafit tablets after effects aviane side effects weight gain lincocin antibiotic treatment prednisone withdrawal in dogs livraison du viagra au quebec viagra order canada canadian pharm direct no rx needed buy ciprodex ear drops viagra scherzartikel buy levitra de como y celisborrar x overnight cialis in us retino a india coumadin levels medication eprex injection administration technique aciclovir crema 5 pharmacy paypal finasteride pas cher viagra coupons for sams club viagrasales canada mestinon 60 mg tablet levonorgestrel ethinyl estradiol and weight gain software download for free diazepam information dose l tryptophan to build confidence boots chemist viagra cost zestoretic 10 12.5 image of pills tablets lergigan 25mg www nizoral ketokonazole pills imovane 7 5mg zopiclone withdrawal symptoms 247 overnightpharmacy com when should you take viagra starcef 100mg diphenhydramine neurontin 300mg side effects medication purchase medicine morphine side effects hallucinations malegra pro maxifort zimax sildenafil 100 cost of viagra per pill metallica tour 2015 setlist buspar 10 mg information venlafaxine 75mg for hot flashes redustat diet pills tablets pfizer samples lortab 7.5 mg generic metronidazole dogs buy kamagra wholesale alfuzosin hcl er 10 mg reviews metformina efectos adversos nizagra pills indapamide side effects lozol medicine purchase lasix deliver london septra side effects antibiotic ampicillin side effects treatment vilches radio reference national socialist movement buy albendazole for dogs zovirax ointment for shingles my aarp medicare pharmacy directory condyline bez recepty novolog side effects cancer flagyl prescriptions online baclofen 20 mg assistance mesterolone steroid cream cabergoline side effects in women viagra jell cap careprost or latisse reviews phexin 750 gold vigora 50 in hindi where to purchase tretinoin cream acquistare viagra pfizerfarmacia cheap 5mg cialis what happens if u overdose on seroquel domperidone for gastroparesis aleve side effects high blood pressure buy tramadol with mastercard ivermectin side effects in cats canadian pharmacy 24h order confirm php rogaine for eyebrows minoxidil etodolac 400 mg tablet abuse aleve pain medication ibuprofen cialis generika kaufen pramipexole 0.25 mg tablet picture ambien withdrawal symptoms side effects where to get antibiotics generic viagras united states sky pharmacy online drugstore review online antibiotics overnight premarin cream side effects 100 mg viagra lowest price rogaine foam review minoxidil review tretinoin cream u s p zenegra 100 mg tablets xlpharmacy medications for fibromyalgia mincorp inc viagra for sale on craigslist rumafen medicine shoppe advantage flea control side effects tadarise pro 20 dosage diroton bgs purchasing dutasteride viagra pharmacy pal lexapro weight gain medications similar clonidine cialis online canada no prescription la sante sidenafil where can i buy 1000 mg zithromax vitamix vs blendtec comparison analgin wikipedia dilantin medication side effects bupropion hcl xl 300 mg pulled from shelf free samples of viagra and cialis vitamin k2 pastillas ovral 21 what does cialis do for men zolpidem tartrate long term side effects substitute for cialis clonidine 0.1 mg patch buy aciclovir india sirius viagra commercial rumafen medicine cabinets viagra vipps no prescription pyridium 200mg dosage comprare alli what dose of propranolol should l take increasing testosterone naturally for men malaseb pet shampoo ingredients drugs online uk avedox fc barcelona plavix coupons or discount cards starcef capsulesstarlix cheap online pills order viagra canada pharmacy without script canadian drugfor viagra revista kosovarja me e reja how much is cialis 20mg viagra cialis levitra combo packs cost of levitra 20mg obestat reductil reviews buying valtrex in united states vam vira misoprostol for miscarriage failed rising psa after casodex and lupron cialis mastercard buy birth control patch online imitrex injection sites premarin side effects domperidone without prescription 360 elocom krem restonite zolpidem japanese cialis baolong cholesterol lowering foods cholesterol lowering diet mobic side effects lidocaine patch coupons floxin antibiotics buy cialis singapore glipizide side effects metformin side effects cialis profeti onal ospamox 1000mg directions cialis commercial black actor software applications definition cheap meds no prescription gamabenceno in walgreens viagra dapoxetine online purchase bisoprolol fumarate 5mg brand name xalatan eye drops cost walmart minoxidil 5 for women antabuse online pay with paypal imigran tablets in usa suprax with no prescription pyridium 200mg for children mexican made viagra buy viagra next day shipping metformin hydrochloride tablets online prescription for viagra metformin hydrochloride 500 mg tablets insulin side effects buy levothyroxine sodium online doxycycline hyclate 100mg tablets eltroxin 0 1mg to ml buy medication online from ireland ranbaxy stock price thyroxine binding globulin excess olanzapine 10 mg image international drugmart adderall withdrawal symptoms premarin lawsuits breast cancer trazodone online no prescription anafranil dosage information periostat doxycycline hyclate ringworm medication viagra pas cher estrace estradiol cream side effects cefixime drug classification actos generic form somac where to buy serp 5158 1 dalacin c antibiotic therapy dog certification california abilify coupons savings buy cialis in israel oracea savings card buy generic sildenafil flomax side effects medication drug interactions aldactone diuretic for sale procalisx pills betanoid syrup buy viagra online legitimate pharmacy buy cephalosporins uroxatral side effects bph logowanie japan pharmacies atacand side effects by mayo clinic westhroid problems erlamycetin plus size zinoxime 500fastcash rogaine for eyebrows review promethazine 12.5mg zyd dutasteride for sale viagra sales cheep clonidine zofran side effects medication capoten 25mg tablets active ingredient in cialis black parlodel 2.5mg dosing toprol xl 50 mg side effects combitic global caplet private limited tadalafil india costo levitra 10 acyclovir for shingles pain consell esportiu del montsia laxifen medicinal herbs lamotrigine side effects medication mauritius pharmacy online viagra sildenafil 100mg magnesium citrate benefits risperdal consta injection dose prednisone treatment for dogs adderall medication drug sildegra nedir where can i buy meloxicam vpxl ingredients ipratropium for sale cafergot for migraine sominex ingredients discount prescriptions naproxen sodium 550 mg tablets pilocarpine eye drops for dry mouth zentel medicine overnight tramadol mastercard lotrisone cream medication cost viagra online no prescription where can i buy periactin online omeprazole medication uses order prednisone via mail pharmacy cialias generic cefamor 250 septra suspension without prescription omnicef 300 mg penicillin myambutol medication information suretabs cialis astromenda removal tools where can i buy cheap viagra support canadianpharmsupport toprol xl 25 mg tablet best price on arimidex buy elavil online with out prescription apertium traductor discount generic cialis tinazol cream puff claravis side effects hair loss tetracylin kaufen domperidone tablets vomistop cardizem side effects abortion pills cvs cipla ltd india safest no prescription online pharmacy mesterolone bodybuilding tips anti depression drugs online abilify maintena patient assistance program cialis comprar on line viamedic viagra coupons septra ds 800 160 toradol shot for pain online viagra paypal tretinoin cream usp 0.05 rouses pointtricilest buy priligy uk jasmine rice recipe ideas marcumar phenprocoumon dose simular to bisalic sildenafil kaufen microcidal vs microstatic furnace topiramate side effects 25mg healthy man prescription ranigast ulotka wyborcza zofran for children for nausea parcopa orally disintegrating xanax tricor medication discounts price of cialis at costco nosipren medication information medicine online purchase medicina mas barata que la cialis acivir 400 isoniazid drug and alcohol viagra tablets available in chennai where to buy cialis cheap generic propecia us mastercard avalide 150 12.5mg cialis 100 mg prezzo mexico pharmacy for clomid buy clomid made in usa misoprostol for abortions lotrel generic manufacturers online pharmacy doxycycline glucotrol side effects glipizide medication order clomid overnight terabifine without prescription cong dung renapril 5mg percocet beconase nasal spray during pregnancy rhinocort aqua nasal spray canada buy primatine mist como usar cytotec para abortar vitamin b12 deficiency symptoms and causes subutex treatment centers modafinil uk no prescription omeprazole 20 mg capsule what is it for tamoxifen weight gain tamoxifen therapy purchase accutane red and white tablets viagra uk fast delivery zyvoxid dose market octreotide drip for gi bleed rythmol sr promethazine codeine online pharmacy levaquin for sinus infections buy viagra in costa rica is 4000 mg of atenelol fatal seroquel no prescription viagra pfizer online effects of duphaston medicine sky pharmacy complaints buy primatene mist supradol ketorolaco minoxidil shampoo for hair loss ezetimibe simvastatin side effects cialis buy in new jersey cipralex information treatment topamax dosage for bipolar diclofenac pot 50 mg informacion betnovate cream without prescription help affording to buy viagria eli lilly 20 mg cialis and best price octreotide treatment for iih dutasteride buy canada no prescriptio arimidex for sale us bystolic online pharmacy real propecia meclizine for vertigo side effects canadian pharmacy no script apo esomeprazole side effects tretinoin cream usp 0.05 reviews seroquel 25mg dosage aciclovir 800 mg no script subutex treatment plan doxycycline 50 mg for rosacea tadalafil 5 mg buy lumigan 0.03 vs lumigan 0.01 cheap procialis promethazine dm syrup street value cialis black 800 mg viagra tablet information in hindi rimadyl 25mg chewable 180 accutane without prescription furosemide rezeptfrei kaufen fempro tablets under $100 pramipexole dihydrochloride 0.5 prozac and weight gain posts fluconazole 150 mg for sale lanoxin without prescription viagra in wilmington nc coumadin diet foods to avoid promethazine dm syrup medicine viagra medication cost carprofen side effects in humans canadian pharma online companies arthritis of the spine pictures cialis generic 5 mg ciprofloxacin hcl cara mengugurkan kandungan augmentin no prescription paroxetina on demand fluoxetine hcl no prescription vilches radio shack azulfidine sulfasalazine dosage for rheumatoid lipitor 40 mg b2 agonistas ereccion micardis side effects telmisartan doxine 100mgdoxinyl buy viagra out of us jasmine tridevil photos buy kamagra uk with mastercard buy promethazine codeine syrup online amoxicillin 875 mg sinus infection pfizer connection to care program application lortab withdrawal symptoms hyzaar blood pressure hydrochlorothiazide and pregnancy cytotec induction side effects diclobru tablets sale xenical no prescription sublingual b12 5000 mcg benefits prednisone prices canadian companies viagra strengths baclofen for opioid withdrawal symptoms buy proscar neurocet reviews for 50 phenergan buy online no prescription buspirone 5mg en espanol ospamox 1000mg amoxicillin insurance cialis daily bhp roxifen gelish gel rocaltrol indications cephalexin 500mg information generic macrobid american red gold viagra buy methylphenidate er 10 mg lagatrim forte 960mg ginseng angela renagel 800 mgs buy cialis express shipping price of viagra in india teva prednisone can you get high from ceftin cafergot without prescription purchase viagra in mexico sumycin capsules vs softgelssunsuria lorinol tablets computers generic viagra in the usa for sale levitra dosage recommendations cordarone medication guide dikloron ampullae diclofenaco forte para que sirve cabergoline drug manufacturer lanoxin drug manufacturer lincocin injection antibiotic seroxat tablete clomiphene price isoretinoin without prescription lamotrigine lamictal side effects skin rash wholesale cialis sifrol pramipexole treatment for chlamydia what is better than viagra xeloda side effects hair loss zyvoxid 600mg to grams arcoxia 90mg tablet cholesterol guidelines calculator celexa canada no prescription fludrex uses magnesium supplements for migraines tegretol side effects weight gain low price medicine canada sildenafil pfizer keflex 500mg cephalexin zolpidem medication guide sinequanone clothing cymbalta coupons for 2014 temovate scalp solution how supplied augmentin duo syrup best price cialis 5 mg careprost eyelash vardenafil in osterreich erhaltlich cvs pharmacy super active citrate test protocol abilify weight gain 1mg ketorolac ophthalmic solution prilosec heartburn medicine coupons zyrtec 10mg best viagra pills best place to purchase malegra online schmidts city gym valium side effects in children fast viagra viagra vs cialis online pharmacy cialis usa over the counter metformin 500mg buy thalidomide birth defects united states cialis erection pictures commender cialis 60 mg order paxil online haldol elderly malpractice viagra rx paypal remeron side effects aldara cream warts 3m buspar for anxiety reviews buy thyroxine uk combivent nebulizer ovral 28 information amoxicillin for cats online tamsulosin 0.4mg capsules for men meclizine 12.5 mg premarin cream side effects for men liquid antibiotics no rx purchase ventolin inhaler fast
Home Biz of Baseball - Interviews Interview - Rudy Telscher - Attorney, CDM Fantasy Sports

Like Shoot to Thrill - An AC/DC Tribute on Facebook!

An authentic tribute of AC/DC that covers the best of the Bon Scott era and the best of Brian Johnson's material

Who's Online?

We have 993 guests online

Atom RSS

Interview - Rudy Telscher - Attorney, CDM Fantasy Sports PDF Print E-mail
User Rating: / 3
PoorBest 
Written by Maury Brown   
Thursday, 08 November 2007 04:45
Rudy Telscher

In court cases involving professional sports, there may not be one in recent memory that will have the impact that CBC Marketing Inc. and the MLB Players’ Association and MLB Advanced Media is currently engaged in. CBC owns CDM Fantasy Sports, a fantasy sports company at the heart of the legal case.

In the simplest of terms, the case revolves around how the fantasy sports industry is able to use statistics in conjunction with MLB player names. The “Fantasy Stats” case, as it has been coined, will impact how rights of privacy, the First Amendment, and contractual obligation is interpreted. MLB, and other professional sports leagues that have filed supporting briefs, believe that by using a player’s name with their statistics, the player is being exploited. CBC has countered that name with the statistics is information protected by the First Amendment.

It also impacts revenues for both fantasy sports companies, and professional sports leagues looking to capitalize on the fantasy game frenzy. Online fantasy sports now constitute a billion-dollar industry, with between 15 and 18 million unique players participating every year in fantasy baseball or football, according to the Fantasy Sports Trade Association.

Rudy Telscher, with Harness, Dickey & Pierce, P.L.C. is CBC’s attorney in the case. Given the impact of the case (read from our Fantasy Stats Case section), the Biz of Baseball caught up with Telscher for this interview. It should be noted that the case is still not fully closed, and that the Business of Sports Network would like to present the opposing view of the case by way of the MLBPA and MLBAM to provide a balanced view of this important case. – Maury Brown

Maury Brown for the Business of Sports Network: The C.B.C. v MLBAM/MLBPA case has been referred to in some circles as "David vs. Goliath". How were you approached on the case, and what are the intriguing aspects of it?

Telscher quote on case being David v. GoliathTelscher: There is no question that this was a classic David vs. Goliath. Major League Baseball Players Association is a wealthy organization that staffed the case with multiple large national firms. The Players Association took a very aggressive approach, insisting that our client simply get out of the business. Further, if our client had lost, it would have meant that about 100-200 fantasy companies would have gone out of business. These are the same companies that helped build this industry to what it is today.

Bizball: With the 2-1 one ruling in favor to uphold the lower court's summary judgment, you gain yet another victory for CBC. Yet, even the judges ruling in favor raised concerns regarding CBC contractual obligations being broken. If for some reason the Supreme Court were to say that the case was certworthy, do you feel that the first amendment would continue to trump that aspect?

Telscher: The 8th Circuit's ruling is a major victory for our client, the 100 plus companies that built the fantasy industry and continue to run businesses that provide fantasy services (they would have gone out of business had we lost), and the fans who will not have to pay monopoly pricing and will greater alternative game formats that necessarily arise in a highly competitive market (imagine how few alternatives a consumer would have in the car market if there were only one or two manufacturers).

Telscher on First AmendmentThe 8th Circuit was unanimous that the First Amendment trumps player rights of publicity. Judge Colloton only dissented on the contract issue. That issue is specific only to whether CBC had the right to challenge MLB's rights, not whether the First Amendment trumps player rights of publicity. That issue is irrelevant to the overall issue and those companies that did not sign contracts with MLB.

I think the only reason the Supreme Court would take this case is if it is interested in the interplay between the First Amendment and state law rights of publicity. It has only decided one case in that area before and that was back in the 1970s. I doubt the contract issue will be enticing to it, especially given that the 8th Circuit ruled on state contract interpretation principles and not under federal preemption (the Supreme Court case of Lear v. Adkins).


Bizball: Was there a conscious effort by C.B.C. to sue before being sued, knowing that in doing so Missouri state law would come into play as opposed to New York state law?

Telscher:
CBC did not pick Missouri because of any legal difference. When the Players Association refused to grant it a license to operate its fantasy games, it had no choice but to sue to have its rights declared. CBC is based in St. Louis and that is why St. Louis was picked as the place to bring the lawsuit.

Bizball: Many have asked what the difference is between how information on baseball cards differs from the information that is provided through fantasy sports companies. Can you describe the difference?

Telscher: I think that fantasy’s use of baseball statistics is more akin to a newspaper because newspapers and fantasy provide and use the mass statistics for all athletes, not just some as with baseball cards. That said, baseball cards provide the same information as newspapers and I would think that baseball card manufacturers should receive the same First Amendment protections for their information products as do newspapers. I would not be surprised to see baseball and other sports get challenged on this point.

Bizball: While the case has focused on statistics and their use, the real issue at hand has been about the use of player names in association with the statistics. From your point of view, is that truly the case, or would any case involving information that is readily available via a host of mediums by way of boxscores, etc. never find the light of a courtroom?

Telscher: I interpret your question to be whether the resolved issue in this case has broader implications. In our case, the 8th Circuit affirmed the district court's decision that the use of publicly available statistics in fantasy games, even though it uses, by definition, the names of the players is protected by the First Amendment and supersedes any rights of publicity that the players might otherwise have. Similar situations already exist. For example, asking questions about the movies of Brad Pitt or Jennifer Aniston involve the use of their names and associated data/accomplishments in a game for profit as used in Trivial Pursuit and Jeopardy. So does Las Vegas' practice of betting on the accomplishments of individual players performances during a specific game. The broader holding of the case is legitimately interpreted to be that use of historical information that relates to famous people in any way they see fit (there may be some limits depending on individual fact patterns) is protected by the First Amendment.

Bizball: What preparations, if any, are you and C.B.C. doing now that the 8th Circuit has affirmed the lower court ruling?

Telscher: The Players Association and Advanced Media (the owners group) have both filed petitions for rehearing and rehearing en banc. These petitions are rarely granted. After that, the Players Association can file a petition for Supreme Court review, which is also rarely granted. Until it exhausts those final avenues, the case is not final.  When the process is final, all of the fantasy industry will be able to operate fantasy games without the Players Association interfering.

Telscher on NFLBizball: If MLBAM/MLBPA decides to drop the case, or the Appeals Court or Supreme Court decide not to take the case, how will it impact the fantasy sports industry?

Telscher: The 8th Circuit decision stands for the proposition that use of player statistics in fantasy is protected under the First Amendment. MLB would be bound by the decision and could not ever relitigate it. The implications of the decision extend to any fantasy sport though. The only caveat is that the NFL could sue some company in another circuit, for example, the 2nd Circuit in New York, and as a matter of federalism, the 2nd Circuit is not technically bound by the 8th Circuit's decision. It would be possible, although not likely in my view, that the 2nd Circuit could resolve the First Amendment issue differently than the 8th Circuit. If the latter did occur, however, the odds of the Supreme Court taking the case (split in the Circuits) would go way up. Given that the 8th Circuit's decision is consistent with some similar type cases (Cardtoons, Gionfriddo, and ETW), I think the odds are that other Circuits will follow the 8th Circuit's lead, but there are no guarantees.

Bizball: Do you think that those companies that have licenses with MLBAM may now reconsider?

Telscher:  Absolutely. Whether they can back out of those agreements and on what terms may be governed by the actual provisions, but most contracts would provide the ability to exit. Further, most contracts of this nature have relatively short terms and will therefore likely expire in the next year or so in any event. Given the ruling, I doubt that many, if any, companies will renew their contracts in the event that they cannot terminate immediately.

Telscher quote on monopolyBizball: Lastly, this will become key case law at some point, impacting not only Major League Baseball, but a host of other professional sports. What are your philosophical views on the outcome of C.B.C. v. MLBAM?

Telscher: The reasoning of professional players regarding why fans should pay them to play fantasy and why they should monopolize this industry is because they contend that their rights of publicity are being violated. Rights of publicity are designed to put more money into the pockets of professional athletes and famous people more generally. There are times when that is fair, for example, when a famous person is used to advertise and promote a product. With fantasy sports, however, consumers are not led to believe that professional athletes are endorsing the fantasy games. Everyone plainly knows that they are not. Thus, there is no legitimate reason to think that consumers should have to pay monopoly pricing to play fantasy sports, no more so than professional athletes should be able to charge for the use of their statistics in newspapers, which would drive up the cost of newspapers. Professional athletes played no part in building the fantasy industry and they should not be able to come in 25 years later and take over an industry that they did not build.


Interview conducted and edited by Maury Brown
 
 
Banner

Poll

Should MLB Force Jeffery Loria to Sell the Marlins?