Posted at 1:58 p.m., Monday, November 26, 2007
Baseball: New hearing denied in fantasy baseball ruling
Associated Press
ST. LOUIS — A federal appeals court denied a petition today to rehear an attempt by the Major League Baseball Players Association and Major League Baseball Advanced Media to reverse a ruling that allowed a fantasy baseball company to use players' names and statistics without a licensing fee.The petition was filed after a three-judge panel of the 8th U.S. Circuit Court of Appeals ruled last month that CBC Distribution and Marketing Inc. doesn't have to pay the players, even though it profits by using their names and statistics.
The motion was denied without explanation. The MLBPA can still ask the U.S. Supreme Court to review the case.
"Obviously we're disappointed in the decision, and we'll be begin to review our options," union head Donald Fehr said.
The MLBPA had argued that players should be paid when their names are used for fantasy baseball leagues, in the same way players are paid when their names are used to endorse products. But the court found that fantasy leagues' broad use of statistics isn't the same as faking an endorsement from a player and not paying him.
Big media companies such as Yahoo, ESPN and CBS operate online fantasy leagues. Fantasy league participants create teams comprised of real MLB players. Over the course of a season, participants track statistics to judge how well players are performing.
