what drug category is strattera online aldactone purchase genuine cipro best price buy glycomet 80 mg online pletal 100 mg tablette protonix online us generic for benadryl generic name for estrace viagra samples free side effects of diltiazem buy cheap accutane without purchasing prescription medication mexico buy kytril tablets online buy trazodone astrailia tadalis sx discount voucher buy aygestin in india online buy zoloft 15mg online online no prescription uk for levitra professional is nitroglycerin sold over the counter order viagra by phone online the effects of depakote and alcohol low price olanzapine uk cheap generic amoxicillin can you get high on fluoxetine 40 mg comprar nymphomax pela internet female viagra on line for sale no script purchase mobicox diovan dose size withdrawal symptoms from methotrexate lexapro pt.assistance program generic form of vytorin cytotec drugs azithromycin z pack and alcohol consumption where can i order elocon doxycycline hyclate 100mg used to treat chlamydia where eagles dare blu ray over the counter pills that get you high cheap xenical orlistat uk flagyl metronidazole cream 10 prednisone steroid burst what are the side effects of thyroid medication hard sell the evolution of a viagra salesman synopsis buy female cialis 50 caverta in india prices para que serve cloridrato de ciprofloxacino 500mg order allies british cleocin gel online bestellen over the counter tretinoin gel generic haldol usa pharmacy round blue pill 100 amantadina clorfenamina paracetamol para q sirve stopping atenolol 50 mg pharmacy online australia coupon code discount azulfidine mg where to buy chlamydia antibiotics frumil without a perscription online pharmacy india no prescription best site get wellbutrin sr lowest priced clozaril cheap strattera mg order alligator gar spatula indian generics online cardura free acai berry trial free shipping where can i buy the cheapest xenical online plavix order in the us generic levothroid synthroid diclofenac gel 100 g preis zithromax suspension pfizer actos drug assistance program purchase maxalt canada xenical from philippines generic carbozyne for sale on line van you order diflucan online zenegra overseas do you need rx pyridium can you buy celebrex minocin uk brand name coumadin drug class best generic viagra jelly review childrens generic zyrtec walmart zyprexa uk buy oder mg tablets of tetracycline buy sarafem online cheap buy doxycycline discount how to make cheap homemade drugs buy effexor xr online safely sinemet drug oversea generic floxin antibiotics tamoxifen drug in usa pharmacy where to buy furosemide online usa fluconazole 50mg side effects diflucan one dose how to take skelaxin buy prednisone with no rx penegra 100 mg buy zetia mexican pharmacies to buy shuddha guggulu in uk buy over the counter cialis super active online good reviews effexor xr cheapest levaquin paypal buy retino-a cream 0,05 online amazon is generic rocaltrol available in usa order lanoxin lowest price what does a zofran tablet look like buy zovirax canada overnight pharmacy zyprexa free world shipping international legal rx medication max pantoprazole dose canadian keftab tablet ampicillin through pantoprazole vs omeprazole efficacy generic cialis legal us fml forte coupons remeron drug store online purchase viagra online pharmacy i pill proventil website el antidepresivo sertralina tiene efectos secundarios generic uk paypal ranitidine best online viagra blog co metformin 500 mg side effects nate ruess we are young prednisolone generic generic sominex us triamterene no rx tablets uk buy levothyroxine sodium where can you buy water pills fast kytril deleviery generic optimmune for dogs olanzapine for sale usa synthroid medication used doxycycline canada where can i get some viagra immy how to use zyrtec drops atorlip-10 medicine children best place to buy isoptin in canada minipress no prescription canada can you buy himcocid piroxicam capsules 10mg what does zyrtec d treat feldene online order cheap brand amoxil buy online buy aleve cold and sinus erexin-v rx farmacie online roman diovan prescription assistance levaquin for chronic prostatitis how to order depo provera strattera lawsuit canada generic sildenafil citrate reviews can you buy toprol over the counter what are the side effects of viagra 50mg buy artane perth australia generic differin gel 3 acne acquisto levlen sicuro online uroxatral dose propranolol pharmacy order how to get viagra on the nhs doxycycline pills work is it illegal to buy antibiotics online in the us metformin dosage rxlist crestor pbs australia medrol dose pack pregnancy class buy mobic online usa antabuse alcohol consumption what is a clonidine patch for is it safe to order pariet order erythromycin from india without prescription how to search twitter prednisone medication order pravachol mail order generic cytoxan safe overnight buy acivir pills online order mail order generic zenegra recommended dosage azithromycin chlamydia 1 eur to usd forecast buy cyproheptadine tablets in uk brand diovan buy buy erexin-v in india online buying endep for dogs buy muse erectile dysfunction medication keflex antibiotic uses how much is himcocid tablets how to purchase nizagara online acivir pills medicine children benicar dosage 40 mg lotrisone online forum indocin wanted online review accutane prescription acne medication reviews betoptic canada overnight delivery advair diskus delivery uk flagyl uses in cats mylan bupropion hcl xl can you buy ampicillin in ireland order elocon cream online click here generic xenical buy canada neurontin price australia birth control pills yasminelle order buy floxin online naprosyn ec 500mg side effects pioglitazone tablets buy finast 50 awam ki adalat veena malik med cab topamax que precio tienen las pastillas redustat without a script prescription actos overnight buy cheap luvox using pay pal clomid fast mexico buy online kytril generic reviews on wahl lithium ion trimmer tamoxifen refill pack is it illegal to order generic xalatan sale fertomid minocycline substitute for doxycycline ampicillin 500 mg what is it for taking 1000 mg of valtrex comprar xenical online andorra where cozaar pharmacy order zyvox in can i make alphagan prednisolone purchase cialis super active dosage probalan phone orders azax 500 for acne buy inderal for daily use vardenafil generico chile johnny quinine design lisinopril generic cost to buy dostinex seroquel medication myambutol prices usa keppra price usa fexofenadine hcl tablets methotrexate not generic buy valium from india withdrawal from prednisone in dogs best site to buy allegra how long does it take for doxycycline to clear acne levothroid vs generic vpxl tablets online where to buy diarex mg purchase lasuna cheap maxaman prix en pharmacie en france can effexor xr cause weight loss ordering clozaril uk cheap lisinopril 10mg moduretic online overnight shipping nimotop dose wellbutrin price south africa all types erexin-v pills clozaril lawsuit settlements buy promethazine online eldepryl side effects uk thuoc aciclovir tablets bp 200mg complications from accutane buy citalopram without a subscription online cheap buy accutane without sinemet rx suhagra online overnight shipping doxycycline for dogs with heartworms viagra dosage levels seroxat and weight gain buy viagra boots canadian buy menosan usa 100mg zoloft side effects cystone no prescription canada fsh estradiol levels menopause minipress online cheap lok adalat tamilnadu floxin over the counter how can i get doxycycline fertomid overnight pharmacy buy keflex from mexico online maxalt tablets 40mg roxithromycin mist canada what is flagyl er made of best place buy danazol benadryl on line purchase buy allegra cheap albendazole low cost buy generic order birth control pills online prometrium 200 mg missed dose phenergan with codeine drug schedule american cialis sublingual indocin medication indomethacin best place to buy betapace without a prescription genuine olanzapine best price risperdal side effects cheap aricept nizagara discounted order zofran pill levitra plus for daily use canada buy olanzapine perth australia buy cheapest viagra uk buy dapoxetine paypal accepted differin online canada isotretinoin acne scars order erection packs 10 from brand advair diskus online forum liquid eurax review ranbaxy generic diovan levitra 20 mg de bayer what is vermox tablets buy brand nexium better than voveran sr how to make cheap drugs buy evista pills in the india meclizine pregnancy rating where purchase levothroid rayh health care pills price dilantin 100 mg health canada lisinopril propranolol 10 mg price yagara generic reviews lamisil cream canada pharmacy what is the correct dosage of biaxin viagra jelly for purchase florinef side effects reviews purchase dipyridamole on line in canada buy stromectol buy cafergot no prescription online doxazosin tablets from buy levitra with dapoxetine review ordering glucotrol xl pharmacy approved why is there a shortage of clozaril hoodia in croatia what does propranolol treat carbozyne drugstore.com prilosec pharmacy use orlistat update july 2012 buy aldactone tablets discount canada buy tretinoin without prescription where can i get lisinopril best online pharmacy generic duphalac buy capoten no prescription online pharmacies legal not femara prescription assistance program mail order lozol order cialis soft online no prescription with a amex where to get living steel recipe order risperdal online in usa digoxin discount entocort australia pharmacy order non generic dapoxetine order levaquin uk pharmacy donde comprar avapro prednisone 50mg tablets furosemide 100 mg iv dosis de aciclovir en varicela adultos lamisil 250 mg tablet fiyat? colospa woldwide shipping buy voveran 40 order suprax in keflex cost comparison purchase tadalis sx online tinidazole buy mexico buy snovitra super power mg what is etodolac 500 mg tablets gabapentin withdrawal schedule where to sumycin seroxat overdose resources for clonidine ciplox usa med cab medrol maxalt mlt 5 mg tablets cheap genuine cialis uk compazine online in usa roxithromycin comprare can you buy levitra plus in ireland canadian bayer diflucan thrush breastfeeding depakote buy canada generic lexapro online viagra by mail canada buy tamoxifen citrate nolvadex orlistat generic reviews prescription reglan info overseas foreign pharmacy online can i buy birth control pills over the counter order acyclovir tablets online alli without prescription miami canadian viagra online buy vantin online no prescription canada cheap zetia pills prescription prilosec same otc prilosec nombre comercial y generico de decadron cheapest place to buy alli northern ireland pharmacy registration femara 20 mg non persciption vasotec where to get minocin pct metformin online purchase robaxin over counter canada us fda approved online pharmacies cheap viagra plus pills canadianpharmacy com coupon trandate generic release date pyridium for sale viagra wiki nl cialis pas cher en pharmacie ditropan where is the cheapest place to buy alli diet pills drugs avodart prices cvs cialis 20 mg costo farmacia where to buy viagra in singapore lady era 100mg buy how to get retin-a 0,05 in australia cheap deltasone us cod order to buy mycelex-g in uk pletal 100 mg content control orlistat 60 mg vs 120 mg diovan medication on line one stop pharmacy watford order lopid 600 mg periactin canada drug store buy grifulvin v paypal accepted what is requip med cab retin-a 0,025 over the counter antibiotics for bacterial conjunctivitis motilium usa sale is fucidin good for cold sores finpecia no prescription reviews trandate in the uk now lov cost vasodilan rx cart clomid reliablerx exelon buy online canada terramycin to buy in australia roxithromycin tablets 300mg side effects where to purchase acai berries effects of mixing prednisone and alcohol duloxetine patient reviews amitriptyline bonus pills normal lopressor dosage phenergan pill shortage terramycin overnight shipping cheap where do i abilify in india celebrex pills online in the uk tenormin online legally liv 52 legal in england get atarax las vegas can i take other medicine with imitrex what does haldol pill look like effexor xr shoppers drug mart can you buy viagra over the counter in northern ireland side effects clomid vs femara erythromycin medicines.ie where do i buy lozol where does erythromycin work avalide online legally pharmacy has best price isoniazid relafen tablets from buy how to order danazol online anacin 10 mg cost bromocriptine pregnancy category cheap living room furniture packages canadian chinese alliance churches association ccaca fellowship Purchase viagra 20 mg viagra from pfizer fluoxetine reviews of cialis soft no prescription reviews my alli coupons printable coupons donde puedo comprar alli en mexico 1 Purchase aciclovir tablets online 200mg benicar sales 09 keppra medicine information yahoo answer generic viagra epivir-hbv from canada phentermine diet pills cheap buy trandate online with no prescription buy finpecia india where to buy ginseng online watch ind vs pak online live buy generic levitra no prescription cialis allie brosh book release levitra mexico city lady era coupon code donde puedo comprar hyzaar bactroban online meds new generic lexapro reviews lady era generic release date generic name for cymbalta femara for infertility treatment generic antabuse usa pharmacy norvasc australia price tofranil without prescription canada procardia now retail cost of protonix boots chemist pharmacy ireland best online pharmacy generic bactrim where can i buy abortion pill best place to buy seroquel without a prescription indinavir uk online alphagan pill canadian tofranil cost canadian emsam now co uk order augmentin 500mg cymbalta from canada price there generic tegretol keflex non perscription countries donde puedo comprar aldactone
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 759 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?