When something becomes a historical fact, is it public domain or can a corporation own it?
That's at the heart of a legal challenge an American fantasy baseball league has launched against Major League Baseball. According to a story from Associated Press (click here to see full story):
In a lawsuit that could affect the pastime of an estimated 16 million people, CBC Distribution and Marketing wants the judge to stop Major League Baseball from requiring a license to use (baseball) statistics.
The company says baseball statistics become historical facts as soon as the game is over, so it shouldn't have to pay for the right to use them.
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.
Jim Gallagher, a spokesman for Major League Baseball Advanced Media, baseball's Internet arm, declined comment on the lawsuit, scheduled for a hearing this summer in U.S. District Court in St. Louis, Missouri.
It seems farfetched. Baseball games generate revenue for team owners and the league, but can only do that by taking place as events of public record. The league and teams make their money by creating the possibility of a baseball game, by offering people a chance to watch the game live or on television, and by generating an interest in their product that generates revenue, such as television or newspaper advertising, for third parties.
The league and teams, however, don't manufacture the outcome of a game. If they did, then they could claim they owned the scores and stats. But the assumption is that the games are not rigged. The outcome cannot be known in advance, or controlled by the teams and league (we hope), so how can it be owned?
It can't. It would be like owning the outcome of a historical event, like a war or election. Imagine the Liberals demanding a fee from companies that wanted to reprint the election results -- they will probably try that one day, but anyone can see the attempt would be doomed.
One hopes the MLB's cash grab is as equally doomed. The next step in the its logic would be for the league to demand a cut of all betting income, since the win that produces a $50,000 payoff for a lucky gambler would be the property of the league, and therefore require some kind of compensation.
On the other hand, perhaps the league, in its copyright madness, will be willing to pay for the right of its teams to use city names in their official names? The New York (TM) Yankees (TM)? The Toronto (TM) Blue Jays (TM)? Seems fair to me. The Blue Jays get way more out of this city in terms of free media coverage, fan loyalty and brand recognition than the city gets as being the "Toronto" part of the equation.
There has always been a lovely relationship between sports teams, the cities they are located in, the fans and the media. Seems like a silly thing to let a copyright jihad spoil it all.
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