Comments on: The cost of running the game http://www.fatmixx.com/2006/01/16/the-cost-of-running-the-game/ Random thoughts from a circle of friends Thu, 18 Mar 2010 09:30:13 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: (ex-)fake redhead http://www.fatmixx.com/2006/01/16/the-cost-of-running-the-game/comment-page-1/#comment-121243 (ex-)fake redhead Mon, 16 Jan 2006 15:31:45 +0000 http://www.fatmixx.com/2006/01/16/the-cost-of-running-the-game/#comment-121243 It's hard to tell because reporters are notorious for confusing IP causes of action, but this quote:<blockquote>"Major League Baseball has claimed that intellectual property law makes it illegal for fantasy league operators to 'commercially exploit the identities and statistical profiles' of big league players."</blockquote> makes it sound like MLB is going under a right of publicity theory. If that's the case, the question isn't whether the statistics are historical fact. Instead, the question is whether the company is misappropriating the names or other identifying information of the players in a manner that is proscribed by state right of publicity laws. Of course, the danger for the MLB in arguing that is that the law varies by state, and you would have to analyze the laws of each state in which an affected player resided in order to determine whether or not the conduct was prohibited. There may also be a trademark issue or two hidden in there, if they use the names of the teams or the MLB. It’s hard to tell because reporters are notorious for confusing IP causes of action, but this quote:
“Major League Baseball has claimed that intellectual property law makes it illegal for fantasy league operators to ‘commercially exploit the identities and statistical profiles’ of big league players.”

makes it sound like MLB is going under a right of publicity theory. If that’s the case, the question isn’t whether the statistics are historical fact. Instead, the question is whether the company is misappropriating the names or other identifying information of the players in a manner that is proscribed by state right of publicity laws. Of course, the danger for the MLB in arguing that is that the law varies by state, and you would have to analyze the laws of each state in which an affected player resided in order to determine whether or not the conduct was prohibited. There may also be a trademark issue or two hidden in there, if they use the names of the teams or the MLB.

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