CBC Wins Lawsuit Vs. MLBAM

Greg Ambrosius · Post by **Greg Ambrosius** » Tue Aug 08, 2006 9:00 am

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.”

sportsbettingman · Post by **sportsbettingman** » Tue Aug 08, 2006 9:05 am

Thank goodness!!!

~Lance

photonexpression1 · Post by **photonexpression1** » Tue Aug 08, 2006 9:09 am

I am hereby announcing my formal marriage proposal to Mary Ann L Medler...this should be considered contractual and non-rescinding!

I am in love, yet again!!!!

bald is beautiful · Post by **bald is beautiful** » Tue Aug 08, 2006 9:10 am

Lawyers are wonderful. Please take note of that.

Sincerely,

Jack - fantasy nut and lawyer

mikeybok · Post by **mikeybok** » Tue Aug 08, 2006 9:12 am

Originally posted by photon express:
I am hereby announcing my formal marriage proposal to Mary Ann L Medler...this should be considered contractual and non-rescinding!

I am in love, yet again!!!! Get in line!

Tom Kessenich · Post by **Tom Kessenich** » Tue Aug 08, 2006 9:15 am

sportsbettingman · Post by **sportsbettingman** » Tue Aug 08, 2006 9:26 am

...is she rich?

(Haaaaargh)

...funny one Bald is Beautiful!

I've got butterflies...and I don't even own a fantasy company!

I hope this means slightly higher payout percentages in the years to come...or at least better profits to the creators of these leagues instead of lining the pockets of wealthy ego maniacal bullies!

~Lance

LFW · Post by **LFW** » Tue Aug 08, 2006 9:39 am

From Carol D Matthews of CDM- "08/08 15:18:46 CDMMAN cdm
Regarding the CDM vs MLBAM lawsuit, the court's conclusion as well as the entire brief (approximately 47 pages) are now available from CDM's homepage at www.cdmsports.com. The links are in the yellow box above the ENTER NOW section. Again thank you for all your support and kind words!! Sincerely, Carol"

Team Legacy · Post by **Team Legacy** » Tue Aug 08, 2006 10:32 am

I think the news is great, but I guarantee, its not over by a long shot.