Yahoo! Sues NFLPA
Wednesday, June 3rd, 2009
Maybe this one will finally put the issue to rest.
Just a little more than a month after the U.S. district court in Minnesota ruled in CBS’ favor against the NFL Players Association over use player stats and likenesses in fantasy games, Yahoo has filed a similar suit in the same district.
In its filing, Yahoo! Alleges that NFL Players (the business arm of the players association) has threatened to sue the company if it uses player stats and “related information” in its fantasy contests without paying proper royalties fees.
The two sides had been engaged in licensing agreements before this year, but the last such deal expired on March 1, according to the Yahoo! filing. As a result of the April ruling in the CBS case, Yahoo! believes it should no longer be subject to such royalties.
Specifically, the filing includes three counts on which Yahoo! seeks judgment:
I. Declaratory judgment that Yahoo does not violate any right of publicity owned or controlled by NFL Players.
II. Declaratory judgment that a right of publicity interpreted broadly enough to encompass Yahoo’s actions is superseded by the First Amendment to the United States Constitution.
III. Declaratory judgment that a right of publicity interpreted broadly enough to encompass Yahoo’s actions are preempted by federal copyright law.
What this all boils down to is that the company wants an official ruling that it can run its fantasy football games just as it always has this season but without a licensing agreement and without getting sued.
The players association — which filed an appeal in the CBS case late last week — seems likely to keep fighting but could be running out of juice.
FSB.com will surely have more on this topic over the coming weeks and months.
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