secure viagra online voltaren gel for lower back pain cialis usp 25 mg prescription trazodone how long does it take for celexa to work take 50 mg clomid levitra 20 mg 5mg buy priligy online promethazine online zoloft digestive disorders lisinopril 10mg tablets glucophage 1000 mg merck sumycin reviews use phenamax coupon online strattera buyers ayurslim cost in canada bactrim order online glucophage medicine side effects differin online without rx l;occupazione allegra gli italiani in jugoslavia overdose nexium 40 mg pulmicort shop net can you buy micronase over the counter buy 500mg doxycycline celexa without insurance cost viagra 50mg or 25 there generic zovirax levitra bucodispersable 20 mg viagra online billigst monthly cost of orlistat synthroid generic brands cipla lexapro buy order elocon cream 0.5 order avodart online no prescription with a visa purchase generic tetracycline strattera 40 mg whats about cialis 5mg side effects of nitrofurantoin 1000 mg cipro intravenous chinese red ginseng capsules viagra 100mg pey lexapro generic 2012 prices levitra mg 10 bactrim online order zithromax 500mg sachet buy prednisone inderal perth australia cheap vegetal viagra prednisone 0.5 mg lexapro 20 mg wikipedia cheap generic clomid bentyl side effects gas eritromicina sandoz 200 mg prospect buy omeprazole nexium buy cheap antabuse pills what is amiodarone cordarone propranolol online order where can i purchase brand cialis is there a generic for synthroid online viagra australia over the counter medicine similar to viagra nymphomax tablets disgrasil 120 mgs celebrex celecoxib 200mg kamagra 100mg malay zestoretic spain over counter viagra cheap less generic allegra sams club clomid 300 mg day 1 finpecia with prescription januvia usa sale celebrex purchase online no prescription buy hyzaar order buy skelaxin generic propecia 5mg canada the online drugstore v-gel cialis 5 mg gerneric buy promethazine 80 mg online buy zoloft europe amantadine lawsuit canada white viagra 100mg zoloft dosage 75 mg esomeprazol nexium 20mg hydrochlorothiazide 12.5 mg qualitest propecia generic merck 10mg lexapro withdrawal zestoretic 40mg wellbutrin dose 75 mg where buy nolvadex can order benzac online anacin drug oversea cipro 400 mg iv buy amoxil quick cytotec buy uk levitra brand bayer lisinopril 20 mg generico buy cialis visa hydrochlorothiazide usp 25 mg fluoxetine capsules 40 mg cheapest viagra philippine lasix generic drug best pharmacy to order provera online viagra japan desi tashan star plus pratigya zovirax 400 mg precio walmart pharmacy ventolin buy 2.5 mg levitra zithromax buy chlamydia post cycle therapy benicar levitra 10 mg cost viramune to buy in england amantadine generic cost 120 mg viagra clomid ovulation cycle where can i order sumycin synthroid 0.025 mg brand name kytril online erythromycin 500mg uses levitra online buy paypal buy viagra where can i order retin a that ship to south africa augmentin 1000 mg kullananlar lisinopril 2.5 mg e25 red kooga korean ginseng tablets viagra lowest price alesse mail order ampicillin uses for dogs acheter flomax zofran annual sales fosamax banned in usa cheapest viagra pills xenical generic available cialis 5mg apotheke buy viagra paysafe prednisone 20 mg asthma viagra generico brasil clomid ordering buy 5 mg levitra generic of metformin nexium 50mg price cb1 weight gain kamagra 100mg buy generic cialis soft viagra 100mg red viagra 25 mg alcohol zovirax vs generic online canadian drugshop com septilin online uk when did generic skelaxin become available cardura side effects long term use viagra generico pfizer valtrex generic available viagra 100mg pfizer actos medicine coupons farmacia cialis generico cialis 10 mg coupon buy robaxin visa cozaar medication online viagra online malta propranolol 80 mg mr fungsi metformin 500 mg price lisinopril 2.5 mg http //www.cipla field call.com/ tall cialis 20 mg diet pill alli side effects tadalis sx limited india buy viagra using paypal propranolol 80 mg er lasix 40 mg contraindicaciones northstar rx propranolol cost of depo medrol injection 400 mg of wellbutrin buy clomid in mexico zyban refills buy nexium mexico metformin actavis 1000 mg micardis online pharmacy uk bupron sr cheap affiliate generic viagra buy exelon fast shipping amoxil 250 mg image how long does it take for lexapro to fully work nexium generic launch ordering brand levitra online pill store broad spectrum antibiotics for chest infection viagra online australia buy viagra online 22 222 periactin shoppers drug mart buy phenamax bulk kaufen cialis 20 mg buy premarin discount 100 mg synthroid xenical 120 mg gunanya comprar luvox 100 mg cheaper than cialis phenamax in croatia what is arjuna drugs cheap metformin buy online lisinopril 10 mg pricing 500mg zithromax chlamydia swiss legend trimix diver drug market order diclofenac gel buy kamagra jelly cheap generic viagra 5mg cialis work generic levitra thailand eutirox efectos secundarios en perros 50 vs 100mg zoloft levitra buy line generic viagra tadalafil lisinopril 2.5mg tablets generic of wellbutrin generic cialis us levitra brand cheap propecia viagra online best ed drugs review generic motilium pills harga levitra 5 mg metformin denk 500 mg where to buy cheap generic female cialis valtrex medication side effects arava retail price viagra buy birmingham where to buy cialis online forum cipro online europe prednisone withdrawal 50 mg where to buy prednisone without a perscription in the us tetracycline hcl 250mg buy levitra thailand generic wellbutrin xl 300 augmentin spain over counter 150 mg diflucan alcohol costo viagra generico is it safe to order pilex viagra online india buy liposafe usa metformin hydrochloride 850mg online zovirax buy proscar 5mg without prescription discount viagra 150 mg cialis ships from india cheapest 100mg viagra buy abana cheap drugstore safe 100mg viagra xenical information online buying flonase for dogs the purple pharmacy los algodones brand ditropan for sale cheapest cialis suppliers zoloft 150 mg tablet comprar kamagra 100 mg viagra stocking buying citalopram celexa generic bronchitis 10mg prednisone can i make luvox 10mg of cialis kamagra 100 mg upustvo 200 mg wellbutrin sr trazodone sleep desyrel medication zoloft 50 mg tablet valtrex authorized generic buy 1 single viagra nice guidelines donepezil viagra para la mujer natural best drugstore mineral foundation for dry skin generic cialis valid dapoxetine 30mg tab pamelor side effects in women side effects of lamictal overdose levitra 5mg erfahrungsberichte colchicine patient co uk zyprexa overdose fatal comprar oxytrol original viagra 10 mg enough lisinopril 10 mg watson celebrex de 200 mg buy rocaltrol tablets online is brand amoxil a prescription drug generic citalopram overnite shipping order propecia generic 50 mg zoloft anxiety clomid round 3 50mg ordering ampicillin all rights aarp rx mail order form levitra super generic valtrex 1000mg price cost of robaxin-750 legal buy actoplus met online canada buy Cialis 120 Tabs doryx side effects acne cialis 0 5 mg aspirin shelf life cheap real viagra nexium 10 mg online buy viagra propecia order australia cymbalta brand order viagra generico germed le clomid 50mg purchase generic viagra viagra 100mg tabs metformin hydrochloride tablets 500 mg diclofenac stada 100mg retard filmtabletta cialis online argentina drug market order triamterene yasmin birth control pills review buy wellbutrin 100mg original cialis 200 mg diflucan 150 mg wiki does costco sell nizoral olanzapine and alcohol dog prednisone online doxycycline online order bactroban overnight shipping cheap cialis online ontario toprol xl billig kaufen order viagra spain nexium 20 mg valor cialis generic romania ginseng echeck wellbutrin 300 mg price order misoprostol online no prescription lexapro 5 mg day levitra 10mg pills viagra 200mg cheapest doxazosin mist canada overnight levitra orders will plavix make you gain weight what is the shelf life of augmentin pills strattera 10 mg fiyat buying cleocin gel best drugstore mascara of 2012 viagra 100mg egypt cialis hungary buy what drug category is lynoral cialis brand cheap cheapest cialis 10 mg. order prazosin online cheap cialis 5 mg what countries can you buy viagra over the counter uk genericky cialis allopurinol online in us acquisto benzac sicuro online imitrex 10 mg generic chinese viagra zithromax 500 mg isi 3 cheapest online propecia aciphex order on web methotrexate mail order cialis 5 mg 28 cpr cialis 0.25mg paxil generic canada lanoxin to buy from europe doxycycline 100mg effects buy levitra soft 70 mg lexapro online lexapro generic toprol xl available lamisil comprimidos efectos secundarios sale ephedraxin liquid nolvadex online buy cialis in concentracion plasmatica dostinex buy kamagra leeds customer care lexapro buy viagra ranbaxy zoloft 25 mg tabs 40mg levitra online lexapro generic release 2012 buy canadian finasteride 1 mg levitra 10 mg tab cialis 20mg almanya metformin 1000 mg z71 apcalis sx oral jelly generic lexapro rash zoloft 150 mg die buy 25mg clomid clomid and pain medication generic viagra london augmentin or ceftin for sinus infection doxycycline 75mg valtrex 500 mg daily buy toradol 100mg online prednisone 5mg dog order Cialis sachets cabgolin women buy 80 mgs of lasix comprar zithromax espan~a what does generic allegra look like kjop viagra online what does topamax pill look like prednisone 40 mg dosage clomid cycle 2 100 mg viagra buy nz how much is femara tablets lisinopril 40 mg prices tetracycline uk pharmacy medication hydrochlorothiazide 25 mg avalide prices cvs cleocin drug classification levitra 20mg 2 tablets buy cipro france online lady era purchase generic viagra report 20 mg cialis break cheap cialis.ca female cialis buy uk cipro 750 generic cialis 20mg everyday canadian district health authority lisinopril 40 mg tabl buy venlor mg online how to get propecia prescription? generic levitra 20 mg buy zithromax pharmacy clotrimazole and betamethasone dipropionate cream usp 1 /0.05 uses 2009 lexus rx 350 reviews canada cialis 20mg nz genericos viagra metformin 1000 mg ratiopharm wellbutrin xl 300 mg prices how to buy noroxin in london india triamterene price air max 1 leopard black online generic lanoxin generic viagra online buy premarin with visa digoxin side effects weight gain purchase neurontin cheap trazodone from courier cheap order acetazolamide online valtrex comprare accutane birth defects years later cialis 10mg buy prevacid class action lawsuit does abilify cause weight gain or loss vasotec dosage hypertension generic diclofenac overnight delivery cialis online .de half price celadrin accutane no prescription needed approved lisinopril 25mg. doxycycline succinate 25mg valtrex price walgreens valtrex 500 mg generico valtrex generic bactrim forte 480 mg propecia cheap forum buy online no prescription brand levitra celebrex 200 mg infarmed kamagra 100mg sildenafil discount canadian pharmacy tamoxifen how long does clonidine take to work for anxiety jaguar 100 mg viagra buy vasodilan no prescription generic advair diskus international buy zanaflex paypal accepted zestril generic lisinopril generic augmentin dosage buy allegra d canada strattera 120 mg high why is there a shortage of prednisone prilosec over counter medication buy viagra algodones generic nolvadex pct altace 40mg buy adalat in australia zoloft sale online drug sales legal levitra odt 20mg buy nexium esomeprazole 320 mg propranolol cialis online store generic viagra 100 white clomid 50mg tweeling where micardis viagra jellies cheap can you buy propecia uk buy alli cheap uk bulk drug sales jobs fabrica voltaren diovan retino ac gel use adalat from usa pharmacy where does ginseng grow levitra 10mg dosage costo zoloft 100 mg buy augmentin uk clomid comprare cialis two 5 mg does celebrex generic can order albenza online price increase floxin buy propecia more watson 540 blue oval pill pic synthroid without rx augmentin 625 mg davkovanie buy trileptal 5 buy sominex with e check clomid 50mg usa periactin sale uk purchasing cordarone online uk
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 656 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?