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.
At long last, a FightTheHypo.com article worthy of a Nobel Prize, a Pulitzer Prize, or perhaps just an article on the Capital Knockers Baseball League website. Kudos to Dr. Bombay for bringing this issue to the loyal readers. Indeed, this is a great day for baseball, a great day for justice, a great day for the Supreme Court, a great day for the United States of America, a great day for freedom, a great day for the Waeschington Senators, a great day for the Atlantic City Helper Monkeys, and if it were possible, it’d be a great day for the CKBL’s team in Bethesda, but honestly, they’re so far off the pace, that it’s not possible for them to have a good day.
The CKBL would like to offer a special thanks to the driving forces behind this decision, Chief Justice Roberts, Justice Scalia*, and of course, Justice Ruth Bader Ginsberg.
*Please note that Justice Thomas is included in a package deal with Justice Scalia.
Now if only the Courts would see fit to eliminate the Designated Hitter…
The Designated Hitter rule is the last bulwark that protects the glorious American league from the aging dinosaurs of the decrepit National League.
You’ll pry it out of my cold, dead hands.