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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?"

3 of 609 comments (clear)

  1. Facts? by EEBaum · · Score: 5, Interesting

    What, we can own facts now?

    Somehow I'm not at all surprised.

    --
    -- I prefer the term "karma escort."
    1. Re:Facts? by Anonymous Coward · · Score: 4, Interesting

      There have always been stupid people and there always will be. The question is who are the more stupid, those whos ideas are insanity manifest or we who allow such fools to be elevated to positions of power and authority? I will give you two quotes in the context of which my feelings will be self evident.

      If I give you a pfennig, you will be one pfennig richer and I'll be one pfennig poorer. But if I give you an idea, you will have a new idea, but I shall still have it, too.

      A Einstein

      On two occasions I have been asked by members of Parliament, 'Pray, Mr.
      Babbage, if you put into the machine wrong figures, will the right answers
      come out?' I am not able rightly to apprehend the kind of confusion of
      ideas that could provoke such a question.

      Charles Babbage

      I myself cannot imagine the mental disorder neccesary to consider as information property or
      the absence of realism which leads one to believe that it can be controlled. That we are even having this debate is quite surreal and fills me with optimism that by the logic of natural law our children will look back at the 'intellectual property' debacle at the start of the 21st century, and piss their pants laughing.

  2. Rights in databases, not in facts by john-da-luthrun · · Score: 5, Interesting

    I'm not sure what the US position is, but in the European Union we have "database rights" that are rights in a database as a whole, rather than in the data held within that database. So in the case of baseball, there's nothing to stop you revealing that so-and-so scored 70 home runs in a season, but you might be prevented from systematically using the database in order to compile a searchable database of home runs per season across all players over the past 50 years.

    That said, attempts by sporting bodies in Europe to enforce these rights have not met with success. For example, the British Horseracing Board tried to stop the bookmakers William Hill from using the BHB database of pending horse races for its website, and various football governing bodies tried to use database rights to force companies publishing TV listings (TV companies, newspapers etc.) to pay royalties for including details of football fixtures in their listings.

    All these attempts failed when the European Court of Justice held that the sporting bodies had not invested sufficient resources in creating these fixtures databases. All the effort had actually gone into arranging and managing the fixtures in order to run the actual sport, and getting a database that could then be licensed to others was just a by-product of this main activity, rather than something needing sufficient effort in its own right to qualify for database rights.