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CBC vs. MLBAM/MLBPA Case - Judge Has Ruled


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The judge in the CBC vs. MLBAM/MLBPA case has ruled in favor of CBC, the operator of CDM Fantasy Sports. This is a huge victory for the fantasy sports industry and many have been watching the case closely. There was even coverage of the case last night on the CBS Evening News.

 

Early article on decision.

 

USA Today article.

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Players Associations :D Fantasy Sports

 

That is OUTSTANDING news. All those contests and league management products you have come to love outside of Yahoo, ESPN and Sportsline now can proceed without fear of litigation or being shut down. The judgement effectively told the MLBPA that they could not extort money for nothing.

 

This is truly a great day in fantasy sports.

 

:D

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At issue was whether CDM's use of player names and statistics in fantasy games violated the players' rights of publicity. MLBAM argued that it owned exclusive rights to license player names for use in fantasy contests by virtue of an agreement made with the MLBPA in January of 2005. CDM argued that player names and statistics were in the public domain and could be used by anyone, much as boxscores are printed for free in newspapers and on websites every day.

 

Judge Medler's finding stated, in part, the following: "the court finds that the undisputed facts establish that the players do not have a right of publicity in their names and playing records as used in CBC's fantasy games and that CBC has not violated the players' claimed right of publicity. The court finds further that the undisputed facts establish the names and playing records of Major League baseball players as used in CBC's fantasy games are not copyrightable and, therefore, federal copyright law does not preempt the players' claimed right of publicity."

 

:D

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:D

 

Justice is served. Just our way of sticking it to the man!! I mean, keeping the man from sticking it to us!!

 

And that little crumb of faith I have left in humanity is still intact........for now.

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Excellent. It was the only possible legal and logical outcome. I had a great discussion about a month ago with an attorney here in DC who worked inhouse for the NFLPA for years and was the first female NFL players agent. We both agreed this was an egregious form of flexing and would go down in flames.

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Great news! Any chance this will be appealed and keep dragging on though... or is this pretty much it?

 

It might get appealed but there's no chance in hell an appeals court would over turn this.

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At issue was whether CDM's use of player names and statistics in fantasy games violated the players' rights of publicity. MLBAM argued that it owned exclusive rights to license player names for use in fantasy contests by virtue of an agreement made with the MLBPA in January of 2005. CDM argued that player names and statistics were in the public domain and could be used by anyone, much as boxscores are printed for free in newspapers and on websites every day.

 

Judge Medler's finding stated, in part, the following: "the court finds that the undisputed facts establish that the players do not have a right of publicity in their names and playing records as used in CBC's fantasy games and that CBC has not violated the players' claimed right of publicity. The court finds further that the undisputed facts establish the names and playing records of Major League baseball players as used in CBC's fantasy games are not copyrightable and, therefore, federal copyright law does not preempt the players' claimed right of publicity." "Judge Medler also stated she could not have come to such a decision without great help from Twiley."

 

:D

 

 

 

:D:D:D:D

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Never fails to amaze me how a group of people feels the overwhelming need to control the behavior of everyone in society. It's happening more & more and is encroaching upon perfectly legal activities. I guess being an enlightened American means intolerance of others' legal behavior that differs from your preferences...

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Never fails to amaze me how a group of people feels the overwhelming need to control the behavior of everyone in society. It's happening more & more and is encroaching upon perfectly legal activities. I guess being an enlightened American means intolerance of others' legal behavior that differs from your preferences...

 

I'd say the case is more about money than it is controlling society's behavior...

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