Spot the irony in AP's own report of the decision regarding a decision allowing its 'hot news' doctrine action to proceed:
A federal judge has reaffirmed that a 1918 legal doctrine applies in the Internet age by allowing The Associated Press to proceed with a copyright-infringement lawsuit against a company accused of redistributing the news organization's stories.
Hint: 'hot news' doctrine is not a copyright doctrine.
Sports-law Blog: ESPN Relies (in part) on CDM Fantasy League Case To Renegotiate Licensing Fees:
In today's edition of Street & Smith's SportsBusiness Journal (subscription required), John Ourand and Eric Fisher report that ESPN is renegotiating its digital rights deal with MLB Advanced Media, looking to pay a significantly lower fee after finding several pieces of the original agreement it signed in 2005 no longer cost effective ("ESPN Seeks Better MLBAM Terms").
If warning letters about leaking Wal-Mart's prices have arrived, can Black Friday be far behind? Via BFADS.net.
LexBlog: "Blogger Ejected From NCAA Baseball Game" (Blogs are considered a 'live representation of the game' and blogs containing action photos or game reports are prohibited until the game is over).
Glenn Mitchell, head of litigation here, has written, Take Me Out [of] the Ball Game? U.S. District Court Rejects Proprietary Rights in Player Names and Statistics" regarding C.B.C. Distribution v. MLB, a recent decision on who owns baseball statistics, published in the November-December issue of INTA's The Trademark Reporter.
SI.COM: "Judge: Statistics not intellectual property of MLB"
The decision is up on Pacer:
C.B.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, LP, Case no. 4:05CV00252MLM (E.D. MO August 8, 2006).
Quick summary: C.B.C. organized fantasy baseball leagues, a 'paper' (or online) game where users compiled their own teams consisting of major league players and competed using those players' 'real' statistics. MLB alleged infringement of those players' rights of publicity.
Held: C.B.C. use of the players' names in conjunction with their public domain statistics (as opposed to if they had used the names in conjunction with the players' likenesses), does not constitute use of the name as a symbol of identity and therefore is not an infringement of the players' rights of publicity.
As a policy aside, it was noted that use of a player's statistics in fantasy baseball is likely to enhance a player's popularity, and thus does not contradict the policy goal of the right of publicity (Ed. note: ugh).
Additionally, C.B.C. has a protectable First Amendment interest in the use of the statistics.
Background here.
Via Businessofbaseball.com, via May It Please The Court, a complaint filed by CBC, a vendor of rotisserie (or fantasy) league statistics software and services, against Major League Baseball. Fantasy league sports involve fans drafting their own teams of (real) players and competing based on the statistics of those players. Some media, such as USA TODAY and Sporting News, will administer leagues for readers, and CBC provides statistics for them. CBC had had a license to use the names of the players, but then the players union signed an exclusive contract witl MLB, which did not complete a license with CBC. CBC now seeks a judgment that it is not infringing MLB's rights.
There is now a 'Black Friday' ad website industry. More coverage here.
If you're aware of (legally disclosable) lawsuits or protests arising from the 'leaking' of Black Friday pricing data, pass it on.
ClickZ article re protest by Craigslist re robot aggregator 'harvesting' Craigslist content. I'm quoted on some prior case law on 'data harvesting' cases.