Law Students

CKBL 1, MLB 0.

By Dr. Bombay

A tip of the hat to The Commissioner, who brought to my attention that today the Supreme Court, got one right. Specifically, they declined to hear without comment Major League Baseball?s appeal of a November ruling from the 8th Circuit stating that the 1st Amendment trumped baseball?s right to rob us.

From 1994 through the end of 2004, C.B.C. Distribution and Marketing Inc. (which runs this website) had a license from MLB to run a fantasy site. Following the expiration of the Collective Bargaining Agreement in 2005, the Player?s Association licensed to a shadowy organization called Major League Baseball Advanced Media, L.P. the exclusive right to use the player?s likenesses and stats ?for exploitation via all interactive media.?

MLB then went and set up its own Fantasy Baseball site on MLB.com, and told C.B.C. that they could collect a commission for promoting the MLB site or pound sand. C.B.C. chose to engage in the real National Pastime (suing people), and went after MLB. 

The 8th Circuit agreed with C.B.C., finding that ?that CBC’s first amendment rights in offering its fantasy baseball products supersede the players’ rights of publicity.? The Supreme Court saw no reason to review the matter.

So you can exhale now you knobs, and go back to hammering out the WHIP for the starting rotation of the Diamondbacks, or crying over your 5 by 5?s. I?m going to light another candle in front of my Dice K shrine and hope he comes back soon.

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Full post as published by Fight The Hypo on June 02, 2008 (boomark / email).