what is ventolin inhaler used for what is the dose for plavix canadarx buy generic viagra online from canada buy lipitor online cheap pictures of trazodone pills ramipril spc where can i order clonidine abana tablets 60 what is the medicine bactroban used for low cost quibron-t aricept 20 mg daily i pill mestinon website billig calcium carbonate online kaufen buy cialis soft 50 tenormin 50 mg daily cheap propecia alternative buy benzac 50 where can i purchase nexium reviews on casodex what does orange juice due to allegra what is the maximum dosage for wellbutrin xl how much nolva to take for pct bupron to buy how to use lamisil cream for toenail fungus can you get high off benadryl liquid gels cheapest tinidazole in the uk buying indocin in manchester what is the best viagra for women order mentax overnight accutane purchase online uk doxycycline hyclate 100mg how to use generic name for atrovent xeloda cheap uk acticin dermal cream generic viagra us shipping buy sustiva pills online generic lipitor price costco crestor vs lipitor price allopurinol medication guide used to treat cephalexin us companies only buying glyset ordering glucotrol xl overnight glipizide metronidazole 500mg iv cefixime capsules 400 mg canadian online pharmacy for minocin billig cyklokapron online kaufen metformin pills smell like fish i pill uroxatral website cheap contact lenses no prescription is it safe to buy zithromax online buy serophene mg online mobic discount is it illegal to order generic lasix tadalis sx uk online comprar propecia sin receta donde puedo comprar serophene how to buy differin 0.3 define content validity xenical australia online buy remeron without a script buy liposafe hong kong cheap accutane pills generic generic pills for malegra dxt how much will claritin cost why has remeron been discontinued haridra cost in canada docycycline hyclate 100mg online no prescription canada pharmacy low cost overnight bactrim cheap generic grifulvin v billig beconase aq online kaufen costco pharmacy voltaren price cheap acivir pills view topic prescription evecare for purchase revatio online pharmacy uk crestor for men sale in uk imitrex sold over counter toprol xl online in usa can you buy revatio discount counter buy brand zovirax what does mean allegra name buy baclofen inhaler canada buy rumalaya gel in ireland remeron no prescription reviews purchase ortho tri cyclen on line in canada retino pills buy where can i get fucidin pills viagra over the counter alternative desert sky pharmacy lipitor mexico how to buy arimidex in canada scalp acne after accutane do i need a prescription for starlix walmart cialis bactroban online no prescription purchase ponstel cheap purchasing kytril online uk what is hyaluronic acid drugs buy kamagra uk online pharmacy bupropion and xanax combination cheap flagyl er uk viagra cialis trial packs levitra buy fml forte online pharmacy caverta generico italiano buy paroxetine in india online accutane in canada prozac nation film trailer diprosone cream ortho tri-cyclen where can i buy it Purchase acticin 10 pharmacy can i buy zantac in canada best site to buy desyrel what does viagra feel like yahoo esomeprazole during pregnancy aciclovir 400mg spc original finax online herbal blue pill uk cytoxan overnight delivery cyklokapron dose menorrhagia can you order lopressor cipla medpro deal brand name shatavari online order etodolac online safe buy tadalis sx online ginseng usa sale bbc schedule sale lincocin is it safe to order medrol order hydrochlorothiazide 50mg nitrofurantoin on line no script buy adalat 200 prometrium prix en pharmacie en france purchase lasix cheap nimotop without insurance zetia for discount is generic viagra available at walgreens synthroid pills pictures is nexium over the counter in canada buy viagra 100 mg voltaren pills 75mg zenegra purchase in canada no prescription what drug category is precose buy medrol online india legal buy metoclopramide online canada are goodrx coupons valid over the counter alternative to wellbutrin avalide drugs for sale order evista online in usa best place to order pariet in us india online pharmacy viagra buy eurax 15mg online cafergot overnight shipping cheap zovirax online from usa can you buy cleocin in ireland safe buy atarax online aspirin medication classification risperdal now co uk canadian pharmacy anafranil erexin-v discount best place to buy zyrtec can you buy levitra super active in ireland 30mg uk what are erythromycin tablets used for diclofenac gel order online canada chloramphenicol valacyclovir hcl generic side effects valtrex does venlor cause weight gain better than lithium what is sustiva used for caverta side effects long term use online drug stores in usa trileptal how to buy what is effexor xr prescribed for claritin medicine online original feldene online to buy extendaquin dilantin online ordering acquistare periactin in italia witch doctor stats hell how much is maxalt without insurance where celadrin about cipla pharmaceutical company compazine limited india cymbalta generic brand cialis low cost generic buy acivir pills 11 pharmacy buy brand name zoloft us pharmacies online that sell ceftin buy amitriptyline line cheapest generic voltaren in usa himcolin shoppers drug mart pharmacy that sells propecia most reliable place to buy ranitidine online diclofenac sodium alcohol side effects why has atrovent been discontinued pharmacie de garde province du luxembourg comprar midamor portugal cheap ralista pills buy cheap kamagra tablets ajanta pharma high blood pressure medications hydrochlorothiazide buy metformin paypal accepted buy proscar online thru paypals what is the correct dosage of coreg cheap micronase usa orlistat online consultation brand name nimotop online periactin from india forum pharmacie en ligne france cheap unisom uk buy cipla cialis domperidone buy breastfeeding order orlistat canada januvia sales forecast in india the new order alliance daoc generic abana online bestellen order rumalaya forte medication by mail fluconazole side effects autism cialis online ireland doxycycline acne gets worse before gets better order haridra online lozol delivery duphalac dose for kids finasteride 1mg canadian pharmacy where can i buy amoxicillin antibiotics online what is ponstel made of asacol 40mg original gyne-lotrimin online chinese cialis is generic cystone effective culturismo femenino dietas asacol hd prices is voltaren better than deep heat nootropil attack dose tricor sales services seroflo low dose birth control generic zantac for infants what types of diflucan are there buy retino a cream 0,025 paypal buy viagra sublingual online no prescription us nizoral online store purchase minocycline cheap guaranteed different colors of synthroid pills rhinathiol expectorant side effects elocon on line no script levlen cheap cheap zyprexa generic atarax medication definition buy erythromycin perth australia retail cost of topamax zantac 75 maximum dosage what is colospa how can i get a prescription for wellbutrin what does ventolin hfa treat purchase amoxil on line in canada buy mentax online amazon wellbutrin 10 mg cost cardizem india no prescription best place buy torsemide generic levitra dapoxetine female cialis on line no script buy meclizine hong kong generic third world now that we found love lyrics can you buy estrace in ireland buy canada no prescription for viagra soft buy tinidazole for daily use generic viagra online us buy ortho tri-cyclen inhaler canada capoten cost canadian ampicillin uses uti comprar stromectol en argentina can you buy hydrocodone online legally i pill pariet website azithromycin side effects in children viagra female germany capoten drug category actoplus met lawsuit settlements buying benzac using paypal health canada lexapro cabergoline men libido cheap viagra free delivery allopurinol non perscription countries generic cialis tadalafil 20 mg india best drugstore foundation for oily skin acne prone skin is there a generic drug for cymbalta etodolac 500 mg reviews accutane medicine interactions brand indinavir buy 100mg viagra street price what diet pills are safe to take with zoloft sores in mouth from methotrexate order doxycycline usa elocon drug classification trial erection packs 2 to buy in the canada without a prescription premarin price what is zebeta made of micardis plus 80 12.5 mg 28 tablet generic azulfidine usa pharmacy no prescription yasmin norvasc iv dose bupropion canada head office kegunaan elocon salep online pharmacy amaryl cystone online coupon code celebrex shopping abilify coupons and discounts special instructions that must be followed when taking simvastatin how to buy oxytrol in london reputable online pharmacy provigil cephalexin best online non prescription pharmacy what does saw palmetto contain is there a generic for ditropan all types coreg pills frumil to purchase without a prescription order viagra plus in prescriptions buspar reviews for gad zebeta on line side effects of prednisone 10mg tablets buy birth control online mastercard purchase aciphex 6 canadian pharmacy aldactone reviews for men is lamictal better than lithium comprar moduretic portugal online pharmacy prescription drugs and generic medications trusted place to buy propecia where to buy leanspa acai cleanse purinethol in croatia strattera dose for adults zanaflex in croatia tretinoin 0,025 online uk best online pharmacy generic viagra soft can you get high from snorting paxil depakote 40 mg dose discount canadian pharmacy valtrex singulair online sales benefits of ginseng capsules rosuvastatin shortage side effects of lamisil and alcohol acai and medication bactrim ds medication estradiol implant discontinued ditropan legal us does tegretol retard cause weight gain neurontin mg buy nymphomax canada prescription pill identifier white oblong m357 cephalexin in pregnancy nhs where to buy cheap generic lopid levitra plus canada head office can you order allegra canada minocin tablet sale viagra online purchase cordarone online meds reviews on malegra dxt betnovate c cream usage clindamycin hydrochloride and alcohol can you buy viagra over the counter in the uk online dostinex mg usa cardizem tablets purchase on line kamagra uk co uk is it legal to buy zithromax online renagel 800 mg tablets mixing viagra and alcohol trental cost comparison walgreens generic drug list elocon on line in the canada date lipitor goes generic generic colospa in usa generic beconase aq no prescription detrol without insurance buy kamagra in ireland suhagra generic 2013 drugs ibuprofen 400mg tab side effects of coming off citalopram what is dapoxetine digoxin medicinenet online pharmacy overnight shipping no prescription buy asacol mg online buy evista paypal accepted get precose toronto costco pharmacy speman price generico do remedio keflex billig cialis sublingual online kaufen side effects estrace pills buspar drug in mexico pharmacy propecia pills singapore how to order diamox online vytorin online ordering actoplus met from europe fastest voveran sr uk delivery overnight pharmacy prescription bupron sr nitrofurantoin ships from india buy depakote online uk elocon online bestellen natural pills for water retention can i get moduretic buy evecare no prescription fast delivery life insurance can you buy aciclovir over the counter in germany terramycin prices at costco is clonidine over the counter buy generic minocycline que es kamagra 50 gel oral how to taper prednisone 40 mg generic combivent for sale on line what kind of medication is abilify cordarone pills buy online cialis over counter trazodone pliva 433 side effects; costco pharmacy duetact price celexa canada head office buy diclofenac gel como usar las pastillas xenical ranitidine 150 capsules order minipress cheap cialis tablet appearance antifludes jarabe adulto depakote coupon code online nootropil purchase buy cozaar perth australia norvasc canada prescription where to get live bait in hawaii how to take arimidex for pct low cost astelin where to buy seroflo in canada safely flagyl medication dogs buy online cefadroxil generic comprar atacand online albenza visa what are the side effects of aspirin buy ephedraxin capsules remeron where to get online doctor prescriptions xanax wellbutrin weight loss study buy compazine generic what is ortho tri-cyclen for clorfenamina maleato dosis order bupron sr online with visa safe place order toradol iv terbutaline asthma lipitor low cost program amaryl over the counter 1mg drugs online does work discount buy alli order minocycline overnight amantadine online purchase arjuna on line in usa keftab paypal lozol looking for over the counter chloramphenicol for children what is detrol for sandoz finasteride 5mg pramipexole hydrochloride tablets can i buy metformin over the counter in uk generic celebrex usa how to use shatavari churna via medstore reviews wellbutrin sr medicine is retin-a ge a prescription drug promethazine w/codeine uk esomeprazole magnesium pregnancy cost of keflex without insurance bupropion cost in canada feldene online overnight purchase amaryl in india where can i get cialis in australia levitra super active over the counter vega 100 tablets singulair over counter equivalent cialis sublingual mg tablet dog tramadol no prescription fast revia deleviery viagra plus tablets from buy can you buy pulmicort over the counter in germany aspirin dose in suspected mi comprar relafen original how to prepare ampicillin stock inhalers online uk brahmi tea australia how to get clomid with a prescription order yagara online no prescription with a visa losartan generic for hyzaar cheap genuine combivent online post cycle therapy triamterene buy actos greece is it legal to purchase prescriptions online lamisil 100mg cheep quibron-t australia price propecia reviews and dosage cialis super active overnight delivery online pill pharmacy billig zyrtec online kaufen what does benicar hct treat online augmentin india rosuvastatin medicine what are the long term side effects of taking metformin buy zyloprim 80 mg online best place buy nymphomax permethrin insecticide brands new england journal of medicine zithromax study danazol next day shipping viagra generic online uk viagra store online is cafergot available on line in canada acai berry costco diet how to use himalaya ayurslim buy propecia paypal accepted can you get high from voltaren can you buy diclofenac over counter england can i order levitra professional no prescription in the usa buy elocon australia viagra online australian pharmacy side effects of zofran 8 mg purchase cafergot mg remeron dose for sleep cheapest clomid no prescription compare prices diakof american suhagra use of lasix in horse racing buy ciplox without a script best anxiety medication with least side effects pariet side effects weight gain zyban uk online buy unisom rx clomiphene side effects pcos post cycle therapy aceon levitra reviews revolution health flagyl comp toprol xl 100 review diflucan fluconazole keflex online legally no prescription lipitor online buy aciphex with paypal health canada inderal side effects of biaxin bid 500mg buy isoptin sr mail order eulexin
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 1331 guests online

Atom RSS

Interview - Rudy Telscher - Attorney, CDM Fantasy Sports PDF Print E-mail
User Rating: / 2
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?