Fantasy football stats lawsuit (1 Viewer)

[perry147]

Link

Yahoo blitzes NFL with fantasy football stats lawsuit

Yahoo has filed a lawsuit against the National Football League, hoping to eventually get free access to player statistics for fantasy football. A similar case against Major League Baseball ended up going in favor of fantasy baseball players.

Yahoo has filed a lawsuit against the National Football League demanding access to player stats without having to pay licensing fees. Yahoo argues that player names, bios, and game statistics are not copyrightable information owned by the NFL, and that third parties should be able to make use of it for fantasy football leagues. Given a 2007 ruling on the same topic for Major League Baseball, there's a good chance that Yahoo will end up taking home the win.

Under the current system, third parties (such as Yahoo) don't have access to NFL player information for free—the NFL licenses it out for millions of dollars so that only certain fantasy football leagues are "legit" while others are not. The NFL argues that this information belongs to the NFL alone and that using the data without permission is a violation of the organization's IP rights.

This is a similar argument to one that was made by Major League Baseball (MLB) back in 2006 when it became embroiled in a lawsuit with CBC Distribution and Marketing, the owner of fantasy sports site CDMsports.com. MLB argued that through an agreement with the player's union, it had the right to use or permit the use of the player's names and data—third parties should be barred from running their own fantasy leagues based on MLB stats. CBC said that it didn't use any player photos or team logos; it only used the same names and stats that were available from any newspaper.

Well, the MLB struck out—twice. In 2007, the US Court of Appeals for the Eighth Circuit upheld a lower court's ruling that the First Amendment trumped the MLB's right of publicity (which gives celebrities and other public figures some rights over how their likeness is used). "The names and playing records of major league baseball players as used in CBC's fantasy games are not copyrightable," wrote Judge Mary Ann Medler. "Therefore, federal copyright law does not preempt the players' claimed right of publicity."

It's because of the MLB case that the NFL should be worried. The judge will undoubtedly consider it when making a decision on whether unlicensed fantasy football leagues get the thumbs up, and two previous decisions in favor of fantasy sports leagues will only help Yahoo's case.

ESPN LinkYahoo sues NFL Players Association

MINNEAPOLIS -- Yahoo Inc. has sued the NFL Players Association, claiming it shouldn't have to pay royalties to use players' statistics, photos and other data in its popular online fantasy football game because the information is already publicly available.

Santa Clara, Calif.-based Yahoo filed its lawsuit Monday in federal court in Minneapolis.

According to the complaint, a licensing arm of the players union has threatened to sue Yahoo if it doesn't pay for the information. The last of Yahoo's licensing agreements with NFL Players Inc. expired March 1. But Yahoo claims it doesn't need authorization, due to a court decision in April in a similar dispute between NFL Players Inc. and CBS Interactive Inc.

Fantasy sports league participants create teams comprised of real players. As the season progresses, participants' track their players' statistics to judge how well their team is performing. According to the judge's decision in the CBS Interactive case, an estimated 13 million to 15 million people participate in fantasy football games that gross more than $1 billion a year.

Yahoo's lawsuit wants the court to declare that its game does not violate any rights of publicity owned or controlled by NFL Players Inc., and that any such rights would be trumped by the First Amendment and federal copyright law anyway. It also seeks to bar NFL Players Inc. from interfering with Yahoo's fantasy sports businesses, from threatening litigation, or making any statements that Yahoo or its customers are infringing the rights of NFL Players Inc.

NFL Players Association spokesman Carl Francis said the union had no comment at this time. It's appealing the decision in the CBS Interactive case.

The Major League Baseball Players Association and Major League Baseball Advanced Media lost a similar case in 2007 when the 8th U.S. Circuit Court of Appeals ruled that fantasy baseball company CBC Distribution and Marketing Inc. didn't have to pay the players, even though it profited by using their names and statistics. The judge in the CBS Interactive case relied heavily on the 8th Circuit's ruling.

Very interesting how each article read differently.

 

[Chase Stuart]

FYI, Minnesota is in the 8th Circuit. So no surprise that Yahoo filed the suit there.

 

[bicycle_seat_sniffer]

cant wait to go back to hand calculating stats!

 

[perry147]

FYI, Minnesota is in the 8th Circuit. So no surprise that Yahoo filed the suit there.

Can you expand this a little? Why is Minnesota an advantage?

 

[Christo]

FYI, Minnesota is in the 8th Circuit. So no surprise that Yahoo filed the suit there.

Can you expand this a little? Why is Minnesota an advantage?

Because the MLB suit was in the 8th Circuit.

 

[perry147]

FYI, Minnesota is in the 8th Circuit. So no surprise that Yahoo filed the suit there.

Can you expand this a little? Why is Minnesota an advantage?

Because the MLB suit was in the 8th Circuit.

Thanks Christo.

 

[Grigs Allmoon]

Bravo Yahoo! No way statistics and names, etc. should be copyright-able. If they are every newspaper/magazine should have to pay the licensing fees, too.

 

[bigums]

Can any of you legal types comment on how this might affect EA's stranglehold on the NFL video game market? If the names/stats/etc are public domain, does that mean any game company could come along and put out an NFL game?

 

[CalBear]

Can any of you legal types comment on how this might affect EA's stranglehold on the NFL video game market? If the names/stats/etc are public domain, does that mean any game company could come along and put out an NFL game?

I'm not really a legal type, but there's a legal distinction between use of factual information (like stats) and use of a person's likeness. I would think that a ruling on use of stats would not help in the case of using the likeness of players in a video game. If the ruling includes use of pictures, it might have some relevance.

 

[CommuterMan]

Can any of you legal types comment on how this might affect EA's stranglehold on the NFL video game market? If the names/stats/etc are public domain, does that mean any game company could come along and put out an NFL game?

The use of team logos and colors are very much controlled by the NFL and the licensing for that is not something the NFL allows to happen easily - plus EA most likely pays a premium to the NFL to prevent other firms from using the NFL team logos and colors.Now if the courts rule that names and stats cannot be controlled by the NFL and sold under a licensing agreement then I would imagine anyone could develop a video game using the names and stats for any player. You just would not have the Arizona Cardinals playing the Pittsburgh Steelers in the game. Not sure how video gamers would take to playing Fitz as an Arizona Wrangler either...

 

[Bri]

NFL does offer them free to the media, there's something dopey missing here

ETA I see photos "and other data"

stats isn't really the issue though

 

[Ramblin Wreck]

Does FBG have to pay for use of the photos included in their magazine or website?

 

[FUBAR]

Can any of you legal types comment on how this might affect EA's stranglehold on the NFL video game market? If the names/stats/etc are public domain, does that mean any game company could come along and put out an NFL game?

The use of team logos and colors are very much controlled by the NFL and the licensing for that is not something the NFL allows to happen easily - plus EA most likely pays a premium to the NFL to prevent other firms from using the NFL team logos and colors.Now if the courts rule that names and stats cannot be controlled by the NFL and sold under a licensing agreement then I would imagine anyone could develop a video game using the names and stats for any player. You just would not have the Arizona Cardinals playing the Pittsburgh Steelers in the game. Not sure how video gamers would take to playing Fitz as an Arizona Wrangler either...

Stats and names is simply news. You're reporting on facts. It's like reporting on the price of a stock or someone graduating college. Sure I have an interest in my name, but I'm putting myself out in the public either by playing football, graduating college, making a movie, etc. names of a team might be different, they can be trademarked, as can the logo.

 

[CommuterMan]

Can any of you legal types comment on how this might affect EA's stranglehold on the NFL video game market? If the names/stats/etc are public domain, does that mean any game company could come along and put out an NFL game?

The use of team logos and colors are very much controlled by the NFL and the licensing for that is not something the NFL allows to happen easily - plus EA most likely pays a premium to the NFL to prevent other firms from using the NFL team logos and colors.Now if the courts rule that names and stats cannot be controlled by the NFL and sold under a licensing agreement then I would imagine anyone could develop a video game using the names and stats for any player. You just would not have the Arizona Cardinals playing the Pittsburgh Steelers in the game. Not sure how video gamers would take to playing Fitz as an Arizona Wrangler either...

Stats and names is simply news. You're reporting on facts. It's like reporting on the price of a stock or someone graduating college. Sure I have an interest in my name, but I'm putting myself out in the public either by playing football, graduating college, making a movie, etc. names of a team might be different, they can be trademarked, as can the logo.

Yes, and that is the arguement that Yahoo is making to the courts!! The NFL for years has rattled its 'sabre' at anyone and everyone who tries to infringe on their product. To the NFL when you put a picture and name with team on a website and you don't pay a fee to the NFL then you are in their minds stealing from the NFL and often you will receive a notice to cease using that info. Many companines ignore the threat and I am not sure of any situations where the NFL has taken someone to court over this.But the fact remains that Yahoo would rather operate without this threat and so they have filed suit in district court to seek a ruling against the NFL making names and stats property of no one and accessible to everyone without charge. I understand that many sites operate as if the use of names and stats in a given right but in the minds of the NFL this is not the case and until told otherwise the NFL will continue to push their 'ownership' of this information.

 

[perry147]

Can any of you legal types comment on how this might affect EA's stranglehold on the NFL video game market? If the names/stats/etc are public domain, does that mean any game company could come along and put out an NFL game?

The use of team logos and colors are very much controlled by the NFL and the licensing for that is not something the NFL allows to happen easily - plus EA most likely pays a premium to the NFL to prevent other firms from using the NFL team logos and colors.Now if the courts rule that names and stats cannot be controlled by the NFL and sold under a licensing agreement then I would imagine anyone could develop a video game using the names and stats for any player. You just would not have the Arizona Cardinals playing the Pittsburgh Steelers in the game. Not sure how video gamers would take to playing Fitz as an Arizona Wrangler either...

Stats and names is simply news. You're reporting on facts. It's like reporting on the price of a stock or someone graduating college. Sure I have an interest in my name, but I'm putting myself out in the public either by playing football, graduating college, making a movie, etc. names of a team might be different, they can be trademarked, as can the logo.

Yes, and that is the arguement that Yahoo is making to the courts!! The NFL for years has rattled its 'sabre' at anyone and everyone who tries to infringe on their product. To the NFL when you put a picture and name with team on a website and you don't pay a fee to the NFL then you are in their minds stealing from the NFL and often you will receive a notice to cease using that info. Many companines ignore the threat and I am not sure of any situations where the NFL has taken someone to court over this.But the fact remains that Yahoo would rather operate without this threat and so they have filed suit in district court to seek a ruling against the NFL making names and stats property of no one and accessible to everyone without charge. I understand that many sites operate as if the use of names and stats in a given right but in the minds of the NFL this is not the case and until told otherwise the NFL will continue to push their 'ownership' of this information.

I think the reason yahoo is doing this is because the NFL at one point wants to monopolize the FF world and make it so that only their site has this information. Yahoo reading the tea leaves decides to fight in court now while the ink is still dry on the MLB suit in the same court to prevent any further action by the NFL in the future.Just my .

 

[GregR_2]

...I think the reason yahoo is doing this is because the NFL at one point wants to monopolize the FF world and make it so that only their site has this information. Yahoo reading the tea leaves decides to fight in court now while the ink is still dry on the MLB suit in the same court to prevent any further action by the NFL in the future.Just my .

From the articles, yahoo has been paying for the use of the stats up until now. But their contract for use of the stats ended March 1st. If they win the suit they won't have to renew it and would save a bunch of money in the long run. More than enough reason right there for the suit.

 

[JamesTheScot]

IIRC, the MLB lawsuit was initiated when MLB was tying to force fantasy baseball sites to buy MLB's own licensed fantasy product in order to access the stats. It was a veiled attempt by MLB to monopolize and make money off of fantasy baseball by essentially forcing those sites to pay MLB a license fee to use their stats.

I don't think the NFL was headed in that direction. In essence, MLB got greedy and now all major sports may be affected.

I haven't read the court opinion in the MLB case. But if the NFL is paying its own employees to to record/compile stats, it might not have to release those stats for free as long as it treats all outlets (including newspapers) the same. The NFL can't preclude a fan, fantasy site or news service from having their own people in the stands and compiling their own stats and then publishing them.

The more interesting question is whether the NFL gets paid by fantasy sites currently to provide them with stats that the NFL provides to news services for free. Maybe someone from the FBG's staff can enlighten us as to how FBG's gets access to stats.

I do not think this will affect the NFLPA's agreement with EA at all. Two totally different issues.

 

[perry147]

...I think the reason yahoo is doing this is because the NFL at one point wants to monopolize the FF world and make it so that only their site has this information. Yahoo reading the tea leaves decides to fight in court now while the ink is still dry on the MLB suit in the same court to prevent any further action by the NFL in the future.Just my .

From the articles, yahoo has been paying for the use of the stats up until now. But their contract for use of the stats ended March 1st. If they win the suit they won't have to renew it and would save a bunch of money in the long run. More than enough reason right there for the suit.

Good point but I still think if yahoo is paying a fee then at one point the NFL could refuse them their product - thus preventing them from being in the FF business.

 

[CalBear]

I haven't read the court opinion in the MLB case. But if the NFL is paying its own employees to to record/compile stats, it might not have to release those stats for free as long as it treats all outlets (including newspapers) the same.

That's the thing that's really silly about the MLB and NFL positions--having the stats in newspapers and on fantasy sites represents massive amounts of free advertising for their product. If they figure out a way to make it so you can't publish their stats, who will be better off? Certainly not the NFL.

 

[JamesTheScot]

I haven't read the court opinion in the MLB case. But if the NFL is paying its own employees to to record/compile stats, it might not have to release those stats for free as long as it treats all outlets (including newspapers) the same.

That's the thing that's really silly about the MLB and NFL positions--having the stats in newspapers and on fantasy sites represents massive amounts of free advertising for their product. If they figure out a way to make it so you can't publish their stats, who will be better off? Certainly not the NFL.

I agree. I don't think the NFL would go so far as to restrict access to its own compiled stats. That would probaly constitute cutting off the nose to spite the face. The NFL has been so smart in managing its image and cultivating fan loyalty, I don't think it would do something that drastic either.The more interesting question is whether the NFL will ever change the inury report rules. Talking about pissing off a bunch of gamblers and fantasy ballers!These issues do a good job of showing how the fanbase has embraced fantasy sports, though. In some sense, the fantasy aspect may be growing large enough to actually demand some attention from the owners and league heads. Keeping injury news a secret would be a great advantage to real world football, but it would be devastating to Vegas and fantasy football. The NFL has tweaked the game rules to make the product more attractive to viewers. Now that a significant portion of the viewers are financially involved in running fantasy teams that depend on that information...Now, I'm not saying that I expect fantasy sports concerns to ever overshadow the home town ticket buyer concerns, but the gulf between them is rapidly narrowing.