Slashdot Mirror
Who Owns Baseball Statistics?
Class Act Dynamo writes "A sports fantasy league company has asked a federal court to decided whether baseball statistics belong in the public domain as history or are the property of major league baseball. Basically, they had been licensing the statistics for nine cents (US) per gross from the Major League Baseball Players Association. But MLB recently bought the rights to be the sole licensor and has refused to renew the license of the fantasy league company. From the article: '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.' What does the Slashdot community think? Shoud Barry Bonds' record 73 single season homeruns be in the public domain, or should I worry about having to pay royalties for the first part of this compound sentence?"
I thought this whole IP thing coult not get any wierder.
Next the government will start copyrighting statistics they do not want to get out.
Shit, I shouldn't have said that, just gives people ideas.
A blog about stuff.
Windows is like decaf - it tastes like the real thing, but it won't get you through the day.
According to the poll in the article, only 3% of the people responding agree with MLB. Given the recent declining popularity of baseball as it tries to compete with video games, hockey, extreme sports, arena football, DVDs, and internet poker, maybe they should take into consideration the opinion of their fans on issues like this.
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Statistics aren't owned, they just *are*. I mean, any idiot can work out the stats by looking at who won what match, which is public knowledge.
Since the match results are public knowledge and the mathematical methods to work out the stats are both public knowledge and trivial, the result is public knowledge and can't be owned. Gee, Only In America©...
"A door is what a dog is perpetually on the wrong side of" - Ogden Nash
With reasoning like that, I could go to the bar and drink 20 beers and then charge my friends royalties when they tell each other about it.
Seriously, though, do I even need to explain why this is ridiculous? How can publicly broadcasted factual information be property?
In a related soon-to-be story, the Government, Inc. has now refused to licence statistical information on the number of U.S. casualties in Iraq, so anyone who reports this as anything other than "zero" will be arrested and detained, indefinately, with no access to a lawyer or due process - after all, you're obviously a terrorist sympathizer to commit such an act.
Similarly, all information on indigenous peoples in North America prior to the pilgrims is also unlicensed, so the people formerly known as "Native Americans" will no longer be entitled to run casinos or given any "special considerations".
The issue is not whether Player X had 37 RBIs and 22 HRs last season. It's whether a business can be based off the names and identities of the players. I couldn't go around selling pictures of your mother without an agreement from her, she could sue me. This is why photographers have release forms for models (not that your mom is a model or anything).
Let them do it and let them succeed. The faster that games return to a stadium only activity, the faster that television goes into terminal decline, the faster so-called celebrities disappear up their own anuses, the quicker we might get back to a society in which people actually do things instead of just consuming images and sounds. There is something deeply wrong in a society in which a basketball player is paid more than an entire team of Aids researchers, and advertising copywriters are paid more than government ministers.
Pining for the fjords
100% of my household thinks this is going too far. what's next? having a really good memory outlawed? i'm tired of the arguement "we lose money if.." maybe that's why drugs are illegal; drug dealers complained that "we would lose money if drugs were legal". it all makes sense now.. lemme get back to my drugs.
>Bear in mind statistics are one of the most important components in
>baseball.
So? It is still just facts. Weather statistics, like the temperature and wether the sun is shining or not is one of the most important components for anyone in meteorology, still doesn't mean no one else can tell about the weather yesterday they read about or saw.
"We now live in the ownership society. They own it, and you can rent it for a fee"
Glen Phillips - August 30, 2005, Jammin Java Cafe'
--
BMO
You could argue that, but you'd be wrong. The outcome is not protected by copyright anymore than the basic plot outline of a novel is protected by copyright. Its perfectly legal to tell someone that The Lord of the Rings is about a fight between good and evil, and that good wins in the end. Oh, and there's wizards. Facts about a copyrighted work are not part of the copyrighted work itself, even if the author/artist/etc. created those facts.
IANAL, but there is nothing (unless you agreed to some sort of implied contract when you bought the ticket, but that's another issue...) to stop you going to the game, and keeping track of the statistics. In that sense, surely the information itself is public domain. The compiled information provided by anyone who has actually done that is a different matter, however.
If I make maps, (for example), I don't claim copyright to the landscape, but I do require payment (and can claim copyright) for the time and effort I put into measuring it and making up the maps. By the same argument, anyone who actually compiles and publishes statistics should have ownership of the data it has taken them time and effort to gather, and should be able to charge for them. If you don't like it, then there is nothing to stop you compiling the data yourself from an original source.
On a related note, I understand that companies that do this kind of thing often incorporate minor, deliberate errors into the data so that they can identify copying. This could be a dummy entry on each page of the 'phone book, or a slight kink in a minor road on a map, that does not affect the usefulness of the data, but clearly identifies the origin. It can't be easily identified by an outside party either.
Chuck
- These are small, *those* are _far away_