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Major League Baseball Loses Court Ruling Over Stats Rights

 
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TAP
"Personality of a thumb-tack" - E Byrnes


Joined: 10 Aug 2006
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PostPosted: Wed Oct 17, 2007 10:45 am    Post subject: Major League Baseball Loses Court Ruling Over Stats Rights Reply with quote

Companies that operate fantasy sports leagues have a First Amendment right to use players' names and statistics for free, a court ruled in a case filed against Major League Baseball.

The federal appeals court in St. Louis ruled today in favor of C.B.C. Distribution and Marketing Inc., a closely held operator of fantasy sports leagues.

The ruling is a victory for the fantasy sports business, which started with statistics-rich baseball in 1980 and spread to other sports. Today it is a $1.5 billion industry, according to the Fantasy Sports Trade Association.

"It's vindication,'' said Greg Ambrosius, a former president of the association who is now editor of Fantasy Sports Magazine. "We were a bunch of Mom-and-Pop shops who grew the industry from nothing to where it is today, and then when we got big, people started saying, `Hey, we own this.'''

At issue in the litigation was the right to names and statistics of pro athletes when the information is used by a business rather than a news organization.

"It would be strange law that a person would not have a First Amendment right to use information that is available to everyone,'' a three-judge panel said, ruling the Constitution trumps the players' ability to control their publicity.

St. Louis-based C.B.C. sued in 2005 for the right to use players' names and statistics, arguing the use is protected by the First Amendment. Last year the company won a decision by U.S. District Judge Mary Ann Medler, who held that Missouri state law on players' publicity rights was trumped by a general national policy favoring the full and free exchange of ideas.

The appeals court agreed, in an opinion by Judge Morris Arnold, saying the First Amendment right to free speech supersedes state law protecting celebrities' right to control their likenesses -- the ``right of publicity.''

In a dissent, Judge Steven Colloton, who agreed with the majority's First Amendment reasoning, said C.B.C. agreed as part of an earlier licensing agreement that Major League Baseball was the legal owner of the rights to use the players' names and statistics.

Bob Van Voris and Jeff St.Onge / Bloomberg.net
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whatuwant
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PostPosted: Wed Oct 17, 2007 7:12 pm    Post subject: Reply with quote

good. MLB trying to make a buck off EVERYTHING Rolling Eyes
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TAP
"Personality of a thumb-tack" - E Byrnes


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PostPosted: Mon Nov 26, 2007 8:36 pm    Post subject: Reply with quote

Eric Fisher / St. Louis Business Journal today wrote:
Court denies petitions from MLBAM, MLBPA in fantasy suit

The U.S. Court of Appeals for the 8th Circuit denied petitions from Major League Baseball Advanced Media (MLBAM) and the Major League Baseball Players Association (MLBPA) to rehear their legal appeal against CDM Fantasy Sports, giving a third decisive victory for the St. Louis-based fantasy games operation. The denial covered petitions to rehear the case both on a panel basis and before the entire appeals court.

The court order contained no information beyond the denial, but in its affirmation last month of CDM's 2006 district court win, the court ruled, "The facts in this case barely, if at all, implicate the interests that states typically intend to vindicate by providing rights of publicity to individuals. ... We hold that [CDM's] first amendment rights in offering its fantasy baseball products supersede the players' rights of publicity."

The only recourse left for the union and MLBAM is to seek a writ of certiorari to have the case heard by the U.S. Supreme Court. Union officials did not have an immediate comment, while MLBAM referred questions on the case to the players.

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Driaz
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PostPosted: Sat Oct 10, 2009 10:36 pm    Post subject: Reply with quote

I have a question that I might have to contact the Strat-O-Matic folks about, but thought I would throw it out here just in case somebody already knew the answer.

I just got the newest computer version of Strat, and the seasons from 98 to 2008. (The last version of Strat I had was of the 2001 season) I was just wondering if anyone knows why they have 2 letter cripto designations for some players. My example is that Damian Miller is not named, (ie his player card is "Y, V" instead of "Miller, Damian" in both the 99 and 00 seasons, but in 01 he is listed by his name. The stats used to generate player "Y, V" are most definately Damian Millers stats. There are other players that played way less that are named, and there are players that are well known stars a couple times on other teams that are given two letter names that aren't the players actual initials. I doubt I'm explaining this very good but I presume this is from some sort of licencing issue. If the Strat folks took the time to create the player card, why couldn't they name it properly when they name all the other players? The game allows me to edit the name to correct it, but I'm just curious why I have to.

Just a wild ass guess(WAG), but does that indicate the player was not part of the union at the time?

Just curious about that as I was just getting ready to put together my 1999 team and found that Miller was again "Y, V".

I'll start a Strat thread, but just finished the 1998 season. (For now, I am playing each season being able to take D-backs from the season prior or subsequent.) So the 98 season was mostly the 99 team, although the starting rotation was primarily from 98. Obviously RJ from 99, but Benes, Daal, and Anderson all had better seasons in 98.

Using the 98 season for all other teams, the 98(99) Dbacks won 101 games, finishing a game ahead of the Padres a 100 game winner. I had a two game lead playing the Padres the last three. I pitched RJ to win the division and then kept all the vulnerable key players out the last two games. (Both teams were locked into playoffs early on)

I ended up losing to Houston in the NLCS(4-2) after sweeping the Braves. Houston won the World Series over Texas. How Texas won, don't ask me, but they took the Yankees out in 7 in the ALCS after sweeping Boston (I'm using 7 games series in the first round as well) 4 games.
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Dre
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PostPosted: Mon Oct 12, 2009 10:15 am    Post subject: Reply with quote

Driaz wrote:

Just a wild ass guess(WAG), but does that indicate the player was not part of the union at the time?



Correct

Miller was a scab and therefore not part of the MLBPA which licenses use to Stratomatic.

Handful of players were back then and could never be included in video games for example as well.
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AZ SnakePit
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PostPosted: Mon Oct 12, 2009 10:54 am    Post subject: Reply with quote

Per Wikipedia
Quote:
Miller is not a member of the Major League Baseball Players Association, as he was a replacement player during the 1994 Major League Baseball strike. These players are barred from joining the players' union. Because he is not a member of the MLBPA, Miller's name and likeness do not appear in various baseball video games.

In MLB '07: The Show and MLB '08:The Show, "Chris Gill" has the same attributes and characteristics as Miller. The same can be said about "Roger Chamberlain" in MVP Baseball: 2005, "Jef Holton" in MLB 2K6 and "Dave Martin" in MLB 2K7. His name also does not appear on any official commemorative merchandise from the Arizona Diamondbacks' 2001 World Series win.

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Justin
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PostPosted: Mon Oct 12, 2009 11:24 am    Post subject: Reply with quote

AZ SnakePit wrote:
Per Wikipedia
Quote:
Miller is not a member of the Major League Baseball Players Association, as he was a replacement player during the 1994 Major League Baseball strike. These players are barred from joining the players' union. Because he is not a member of the MLBPA, Miller's name and likeness do not appear in various baseball video games.

In MLB '07: The Show and MLB '08:The Show, "Chris Gill" has the same attributes and characteristics as Miller. The same can be said about "Roger Chamberlain" in MVP Baseball: 2005, "Jef Holton" in MLB 2K6 and "Dave Martin" in MLB 2K7. His name also does not appear on any official commemorative merchandise from the Arizona Diamondbacks' 2001 World Series win.


The first statement is not true. I have a comemerative 2001 WS Champion thing that has all of the players signatures on it. Millers is on there. (I just went and looked at it....his signature isnt on it. I could have sworn it was...)

In MLB2k9 (and 2k too) there are a few players like that. Matt Wieters is Mark Weathers and Trent Oeltjen is Tike Obermueller, Jorge Cruz seems to be Gerardo Parra. Jolbert Lucero is Javy Lopez. You can go to BR and go to say 2002 ATL and look at the stats and see who is what. There are several players in those games that are under a different name.
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Driaz
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PostPosted: Mon Oct 19, 2009 12:06 am    Post subject: Reply with quote

Thanks guys!

In the 98(99)00 season, I'm 48-27. One thing that is pissing me off is that strat-o-matic is so fake. In real life, Mantei would walk the bases loaded, then strike out the side, and in the computer statistical game he walks the bases loaded and then gives up a homerun. So unrealistic!!!! Laughing I don't think this team has ever had a reliable bullpen, (other than us of course. LOL) and I can't wait until 2000 when I can at least have a bad ass 01 BK as my closer for 00,01,and 02.
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