zentel worm medicine for adults for sale stilnox 12.5mg south africa alendronate sodium long term side effects cialis india online cordarone 200 mg prices caffeine content of drinks soft drinks bayer house levitra generic xanax overdose treatment westhroid for thyroid cefalexina para que sirve furosemide 40 mg diuretic pictures tadacip in the us pain pills from canada viagra online in ireland buy sildenafil citrate india healthy man radio commercial viagra for sale in australia erectile dysfunction treatment canada companys that sell viagra latisse for eyebrows buy levitra tofranil drug information minocycline 100 mg capsules acne tramadol side effects medications mayo clinic online viagra genuine retirides otc stocks www onlinepharmacy imigran gelap indonesia where to purchase cortisone injections mexican pharmacy no prescription ronova online pharmacy no rx cialis generic pay with paypal canada drug store viagra rxlist drug information medication foreign pharmacies venlafaxine 75mg cap epogen dosing glucovance 500 5 paxil for anxiety and panic uroxatral generics viagra tablets for sale propecia 1 or 5 mg real viagra online canada dyazide 37 5 25 capreol prevacid pills pharmacie jean coutu quebec pjc differin gel 0.3 price nizoral shampoo 2 walgreens vimax pills in malaysia celexa side effects medication insomnia paxil generic buy motilium no prescription propecia finasteride 1 mg purple viagra pills viagra echeck accepted medication diovan generic name flonase nasal spray dosage cialis canadian no presciption cialis lilly letrozole for sale online combien je prend de viagra femme elavil dosage for insomnia hoodia p57 ingredients generika franchise philippines food depakote er side effects nimesulide side effects patients etodolac side effects doctor ambien addiction treatment kamagra usa secnidazole indications depakote side effects weight gain tamsulosin hcl 0.4 mg capsule what is it for clomifene tablets buy lamictal bipolar lamotrigine ordering metformin canada cleocin hcl 150mg capsules anxiety mebendazole 100mg over the counter online pharmacy for valium cialis c20 online can you get high off amitriptyline rxdrugstore phentermine pills does metformin interfer with tramadol microcidal tablets under $100 buy z pak no prescription cymbalta coupons antidepressant metallica one lyrics justice can erythromycin cause miscarriage lasix 100 silagra side effects how to buy generic proscar kann man kamagra in der apotheke kaufen pulmicort nebulizer dosage combo packs viagra cialis augmentin antibiotic shopping canada z pack overstock drugstore buy seroquel without prescription sinequanone robe losartan potassium 50mg ovral for emergency contraception ativan lorazepam shelf life clavulanic acid over the counter levitra on line sale what is optimmune dogs samonas sound therapy reviews cialis soft single viagra pills map of abana river captopril 25mg brand viagra 150mg viagra srbija prodaja keppra side effects hair loss aliviosin indometacina supositorios bay cialis fast shipping dostinex buy etodolac 400 mg dose en espanol naproxen 500 mg dose permethrin insecticide 10 betneval lotion prednisone for poison ivy dosage norlevo effectiveness of flu distributor propecia di indonesia ativan lorazepam 1mg vardenafil 20mg side effects viagra malaysia ceftin side effects doctor cicloferon 400 stilnox 10mg sleep zolpidem dosage unisom overdose fatal accutane lawsuit settlements 2014 walmart pharmacy viagra vitamix vs blendtec consumer reports cialas viagra for sale canada albuterol side effects in infants altace blood pressure medicine side effects estrofem usage ranitidine 300 mg twice a day cialis information cialis dose levothyroxine 100 mcg buy vosteran removal instructions trazadone mastercard where to buy minocycline buy tinidazole online oristat pills benadryl ingredients label viagra livraison point relais retirides 0 05 cockapoo rescue michigan amlodipine side effects side effects can you buy phenergan online minocycline hydrochloride 100 mg antabuse medication side effect of eltroxin tablets lopid medications indian cialis tadalafil inhouse pharmacy biz orlistat generico predam orig cialis buy ocuvir cream toradol dosage for children synthroid no prescription medication prilosec otc ingredients avodart side effects in women caverta 100mg tablets metallica tour 2015 united states unisom natural nights and pregnancy tadalafil cipla new healthly man viagra on line best price reviews buy cheap doxycycline buy finasteride in singapore how to take cytotec indocin 25mg capsules disgrasil orlistat 120mg uk clopidogrel bisulfate generic for plavix levitra online amex 50 mg amatriptyline cheap levamisole dewormer goats fosamax side effects osteoporosis advantage one federal credit union southgate restonite ambien addiction prednisone side effects in humans tadalafil online no prescription where can i order some doxcycline buy pain pills online verapamil er 120mg cap norvasc 10mg medication adderall weight loss in adults reminyl 8 mg viamedic complaints against companies torsemide 20 mg tablets venlafaxine hcl er 37.5 mg cap xenical orlistat side effects finasterid buy london staxyn genericprice aspirin 100 mg what is super active cialis lopid 600 mg side effects cialis italia gratis prinivil side effects medication apetamin ingredients in mayonnaise haloperidol decanoate injection package insert tadalafil italiano potassium permanganate betnovate scalp application staxyn 10 mg coupons levitra odt awc canadian pharmacies femara generic side effects retin a micro website lorinol tablets with windows macrobid and pregnancy side effects starcef cefixime dosage comprar neovisc accutane side effects long term mayo clinic sildegra nedir dictionarist buy otc zoloft trazodone 50mg side effects zyvox coupon with insurance furosemide dosage nolvadex cycles viagra us pharmacy online baclofen 10mg tablets withdrawal symptoms 5mg cialis by mail from a us company proviron steroids will viagra work after you ejaculate cheap valtrex pills 3 day delivery ketorolac tromethamine injections amoxicillin for eye infection in dogs pay by check celebrex side effects in women tablete za kontracepciju diane 35 like viagra healtyman viagra dosage prednisone 5mg for dogs xenical 120mg order z pak online vitamin d deficiency symptoms bones cheap hydrocodone in cananda viagra melbourne sublingual gland histology zetia medication reviews generic cialis reviews lortab 7.5mg liquid milanuncios oferta de empleo pariet rabeprazole sodium side effects maxalt migraine medication infants motrin ingredients trimetabol sirop de visine doxrid doxycycline on line sifrol 0 125cc bentyl 10mg information liquidex bodybuilding workouts ezetimibe simvastatin generic for zocor gupisone 20 side effects colchicine from canada revatio 20mg buy online what is toradol pain medication free samples of viagra in the mail famciclovir dosage for cats diflucan side effects in infants lotrel 5 20 side effects generic phentermine 37.5 side effects diprosone buy no prescription sominex sleep aid coupons is lidoderm patch for back pain prinivil side effects lisinopril drug ivermectin side effects for dogs cheap tadifil online propecia bestellen 5mg fungsi piroxicam
Home Maury Brown Analysis: Fantasy Stats Case Appeal Heard

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 783 guests online

Atom RSS

Analysis: Fantasy Stats Case Appeal Heard PDF Print E-mail
User Rating: / 1
PoorBest 
Written by Maury Brown   
Friday, 15 June 2007 07:02

The Biz of Baseball

The following is analysis from Maury Brown, a sports business analyst for the Business of Sports Network  

Yesterday, oral arguments in the appeal of CBC Marketing and Distribution v. MLB Advanced Media took place before three judges for the 8th U.S. Circuit Court of Appeals in St. Louis. The landmark case revolves around CDM Fantasy Sports’ (who was then owned by CBC Marketing) use of player statistics without a license from MLB Advanced Media. MLBAM and the MLBPA reached a $50 million agreement which, “provides MLBAM the exclusive rights to use, and to sublicense to others, Major League baseball player group rights for the development and creation of on-line games, all other online content, including fantasy baseball and interactive games, as well as all wireless applications including cell-phone enabled games.”

CBC sued MLBAM and the MLBPA arguing that they should be able to conduct the business of fantasy baseball games for-profit without a license and use player names and their associated statistics.

A judgment in US District Court in 2006 agreed.

Attorneys representing the MLB Players Association (MLBPA) and MLB Advanced Media (MLBAM) are urging the 8th U.S. Circuit Court of Appeals to reverse the lower court judgment from US District Court Judge Mary Ann Medler from August of last year (see the opinion handed down by the court as well as the conclusion here on The Biz of Sports).

The appellant brief filed by the MLBPA and MLBAM reads in part (read the entire brief, along with its associated addendum here):

CBC’s conduct violates Missouri’s publicity rights law, and enforcement of those rights does not affect expressive activity or violate the First Amendment. At the very least, disputed issues of material fact precluded summary judgment for CBC. Alternatively, no federal statute addresses publicity rights and thus federal law does not preempt enforcement of CBC’s state-law contract obligations.

(To listen to the court proceedings, as well as read a partial transcript, select Read More)

Virginia Seitz, representing the MLBPA in oral arguments (listen to the oral arguments from yesterday here), urged the court to reverse the ruling based on right of publicity, stating that while statistics themselves could be used, once an MLB player is associated to those statistics, it breaks with the right of publicity and therefore is not protected by the First Amendment as outlined in the lower court’s judgment.

The judges seemed to be skeptical of that argument when addressing counsel for the MLBPA.

In a sharp exchange between Chief Judge James Luken and Seitz, Judge Luken said:

“So, now we have a limitation (referring to the use of associating a player to their statistics), and now I come around to, ‘This isn’t about statistics’ -- the basic war of the brief .

‘This is about names,' you say. ‘This is about statistics,’ they say.

And I understand the practicality of the war because the statistics are in the public domain.  And it seems to me, it’s clearly a use of public information to figure out that if you’re going to have an ongoing fantasy sports league over the life of a real professional sports league – clearly a collateral market – you have to have an opening set of statistics and evolving statistics that will allow competition and trades and so forth.

And so where do you get those statistics?

Well you can’t take the 1923 Philadelphia Athletics because that doesn’t evolve over a season. So you take these statistics that are in the public domain.

And as I translate the argument in this case.... ‘Well, we won’t argue with that (referring to the use of statistics without player association), but don’t you dare put a name next to those statistics.’

Well, of course that’s ridiculous.

So you are saying that this collateral market can be monopolized by your clients. The statistics – the public statistics – cannot be marshaled and be used for another kind of game without your clients getting a share of the action.”

Seitz then replied:

“Those statistics can appear in newspapers. Those statistics can be published on websites. But what cannot be done is have a player identity – a name – be used as a game piece for identification.”

Judge Luken shot back:

“The only identification is identifying the statistics so that this group of evolving statistics for the second baseman can be followed.”

The name is only to identify the statistics. It’s not to steal the identity of the second baseman.”

Seitz responded:

“The only reason these game are valuable and marketable is precisely because these are major league baseball player names attached to those statistics. If you used ‘Player A’, ‘Player B’, no one would be interested in playing the game. The game is interesting precisely because people feel they are owning and managing real major league players.

In summarizing his points later, Judge Luken said, “Since this is completely tangential to Major League Baseball, and the success of Major League Baseball, I don’t understand where that success and that identity, gives the players – at least I’m having trouble seeing – how it gives the players the right to monopolize an entirely separate entertainment industry.”

Rudy Telscher, lead counsel for CBC said during his 20 minutes that, “There’s not any affidavit from players who say they feel like they have been damaged,” referring to the fantasy baseball gaming industry. He then went on to say that the Phillies front office participated in playing fantasy baseball actively.

Telscher argued that fantasy baseball – in its various forms – have been played for years prior to the dispute between MLBAM and CBC.

“The only thing that my clients did was to create software to automate it.”

Reached for comment on Friday, Charlie Weigert, Vice-President of CDM Marketing said that there was extra pressure knowing that if the case remains in CDM's favor that it will create case law, and leave a lasting legacy.

As to how long he might be willing to pursue the case, Weigert stood behind his convictions.

"I’ll pursue the case as far as it goes," Weigert said. "Hopefully this decision will produce a final opinion and the decision will be as strong as the lower court decision, so if they try to appeal this higher, they are rejected."

A ruling on the appeal is expected from the three-judge panel in three to six months. 

Maury Brown is the founder and president of The Business of Sports Network, which includes The Biz of Baseball and The Biz of Football (full launch coming in July). He is a contributor to Baseball Prospectus, and can be contacted here. 

 
 
Banner

Poll

Should MLB Force Jeffery Loria to Sell the Marlins?