The Eighth Circuit today affirmed a summary judgment favoring an outfit that sells fantasy baseball services.  The enterprise, C.B.C. Distribution and Marketing, licensed the information about big league players — including their "nicknames" — from The Major League Baseball Players Association until 2005.  Then it started using the national pastime data without a license.  CBC sued the new licensee, Major League Baseball Advanced Media, for a declaratory judgment and got one on summary judgment.  The court of appeals affirmed in a 2-1 decision.  The majority concluded that the first amendment guarantees People with Nothing Better to Do to fantasize about People Who’ve Made It to the Bigs — including, apparently, their nicknames.  C.B.C. Dist. & Mktg., Inc. v. Major League Baseball Advanced Media, L.P., Nos. 06-3357 & 06-3358 (8th Cir. Oct. 16, 2007) (applying Missouri law and National League rules).

Barry Barnett

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