CBC Wins Lawsuit Vs. MLBAM

[Greg Ambrosius]

Here's a story I just wrote for our Fantasy Sports Trade Conference newsletter. I'm sure everyone was interested in this:



United States Magistrate Judge Mary Ann L. Medler gave a strong opinion today in the CBC vs. MLBAM lawsuit, siding strongly with CBC on every point about the players’ rights of publicity. The decision strongly states that major league players do not have a right of publicity in their names and playing records as it pertains to fantasy games and that CBC did not violate the players’ rights of publicity. The decision will likely have an impact in other fantasy sports beyond baseball.



The judge’s conclusion that was filed today is as follows:



The court finds that the undisputed facts establish that the players do not have a right of publicity in their names and playing records as used in CBC’s fantasy games and that CBC has not violated the players’ claimed right of publicity. The court further finds, alternatively, that even if the players have a claimed right of publicity, the First Amendment takes precedence over such a right. The court further finds that the undisputed facts establish that the names and playing records of Major League baseball players as used in CBC’s fantasy games are not copyrightable and, therefore, federal copyright law does not preempt the players’ claimed right of publicity. Additionally, the court finds that the no-challenge provision of the 2002 Agreement between CBC and the Players’ Association and the provision of this Agreement which prohibits CBC from using players’ names and playing records after the expiration of the Agreement are

unenforceable based on public policy considerations. The court finds, therefore, that declaratory judgment should issue in CBC’s favor. As such, the court will order the Players’ Association and Advanced Media to refrain from interfering with CBC’s fantasy games in the manner proscribed by this court’s decision.



Accordingly, IT IS HEREBY ORDERED that CBC’s Motions for Summary Judgment are GRANTED;

[Doc. 72, Doc.107]

Case 4:05-cv-00252-MLM Document 131 Filed 08/08/2006 Page 47 of 49

40 The court clarifies that this Memorandum Opinion only applies to those aspects of

CBC’s website which are before the court.

48

IT IS FURTHER ORDERED that the Players’ Association and Advanced Media not

interfere with CBC’s using players’ names and playing records on its website and in its fantasy baseball games in the manner presented in this case;40 [Doc. 1]

IT IS FURTHER ORDERED that the Motion for Summary Judgment filed by the Players’ Association is DENIED; [Doc. 44]

IT IS FURTHER ORDERED that the Motion for Summary Judgment filed by Advanced

Media is DENIED; [Doc.87]

IT IS FURTHER ORDERED that the counterclaims filed by Advanced Media are

DISMISSED; [Doc. 7]

IT IS FURTHER ORDERED that the counterclaims filed by the Players’ Association are DISMISSED; [Doc. 26]

IT IS FURTHER ORDERED that a separate judgment shall be entered which incorporates by reference this Memorandum Opinion.

/s/Mary Ann L. Medler

MARY ANN L. MEDLER

UNITED STATES MAGISTRATE JUDGE



Officials at CBC were ecstatic with the decision and feel that 18 months of fighting for their survival has been justified not only for themselves but for the entire industry.



“The defining moment in the fantasy sports industry has been decided in favor of the fantasy player,” said Charlie Wiegert, a principal owner of CDM Fantasy Sports. “It’s a huge win for the fantasy industry.”



MLBAM could appeal the decision, but Wiegert said this “is a pretty strong precedent.”

[The Mighty Men]

I love lawyers. They are friends to us all. Please take note of that.



Sincerely,



Jack - fantasy nut and lawyer.

[The Lollygaggers]

[ August 08, 2006, 04:38 PM: Message edited by: The Lollygaggers ]

[Greg Ambrosius]

In a joint press release today from Major League Baseball Advanced Media and the MLB Players Association, the two entities said they would appeal the CBC vs. MLBAM decision. Here's the context of their release:



"We are disappointed by the Court's decision yesterday in CBC v. MLBPA and MLBAM. We expect to appeal the decision, and remain confident that we will prevail in that effort. We continue to believe that the use of the players, without their consent, to create this type of commercial venture is improper."

[bjoak]

"We are very disappointed by the court's decision. We had hoped to eventually run a monopoly on fantasy games and generally run the whole industry into the ground."

[Spyhunter]

Bjoak, LOL, I agree with you on that one. Pretty funny