Major League smackdown

Matthew Hoy
By Matthew Hoy on August 9, 2006

A federal judge ruled yesterday that the basic statistics about sports and the players' names are not subject to copyright.

Medler barred the baseball players union and, the league's Internet arm that operates its own fantasy league, from interfering with CBC.

"The undisputed facts establish that the names and playing records of (MLB) players as used in CBC's fantasy games are not copyrightable and, therefore, federal copyright law does not pre-empt the players' claimed right of publicity," wrote Medler in her 49-page ruling issued in St. Louis. Even if players have a claimed right of publicity, she added, "the First Amendment takes precedence over such a right."

Concerning a possible appeal, MLB spokesman Jim Gallagher said: "We're in the process of reviewing the decision. We'll be in contact with our partners, the MLB Players Association, before commenting further."

Advice to MLB, don't waste your time.


To be clear, it's still a 1A violation even as they supposedly intended it. But their rush to pass it made it encompass all sorts of stuff.

The judge should not take them at their word that they will "fix" it. The judge should issue the preliminary injunction we requested.

16-year-old Lola Fitzgerald has been racking up skeet shooting championships in and out of her home state. Now a new California law has shut her out of the sport and is threatening her Olympic hopes.

In a just world, SB 918 and its New York counterpart would make the Supreme Court* say: "well, we tried to let you keep shall issue, but you morons just couldn't help yourselves, so now constitutional carry is the law of the land".

*Hopefully it doesn't need to go to SCOTUS.

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August 2006



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