Online fantasy baseball, at least when it comes to officially licensed games, is in limbo.
Generally, online sites aren't accepting players signing up for the upcoming season. But that lull isn't likely to last. Next week, Major League Baseball is expected to decrease the number of outlets offering its officially licensed fantasy games — even as one game-maker is challenging MLB's authority to license anybody.
CDM Fantasy Sports filed a suit Monday against MLB in a federal court in St. Louis. (Last year CDM provided online baseball games used by USA TODAY, but this year those games will not be available at USATODAY.com.)
The lawsuit's gist, CDM lawyer Rudy Telscher says, is pretty simple: Can anybody own statistics?
He concedes one needs MLB licenses for trademarked material. "And we're fine with not being able to use logos and bells and whistles where they have rights. The question, which hasn't been decided by any court, is whether the mere use of bare statistics associated with players is a violation."
Telscher argues such statistics are in the public domain — like names in telephone books.
First amendment lawyer Robert Corn-Revere, not associated with the case, suggests CDM might have a point: "It's generally true that the law doesn't allow you to own information in its raw form and exclude others to use it."
But CDM vice president Charlie Wiegert suggests another reason for the suit: MLB "is about to put the whole fantasy industry at risk."
Bob Bowman, who oversees MLB Advanced Media, disagrees. MLB recently paid an estimated $50 million over five years to the MLB players union to take control of online fantasy licensing. And Bowman says there's only one goal: "We want more fans playing more fantasy baseball."
Bowman suggests MLB might end up with four or five major sites, as well as mlb.com, that will be officially licensed, down from about 13. About 12 small-scale sites draw fewer than 5,000 players and are expected to retain licenses.
Greg Ambrosius, president of the Fantasy Sports Trade Association, suggests giving fewer consumer choices isn't likely to increase consumption: "It would be tough to take all the fantasy choices now available and put them under just a few umbrellas."
Ambrosius, who manages a national fantasy baseball tournament that charges as much as $1,250 a player with a $100,000 prize, says at least 150 sites offer fantasy baseball — with about 10 million players in the USA.
Bowman, estimating 2.5 million Americans now play fantasy baseball, counters that what's needed is innovation, such as fantasy games where players get online video highlights and news updates via cell phone about their rosters.
And it's not uncommon for sports leagues to thin out the ranks of its licensees, such as when the NFL let Reebok handle sales for all its game jerseys and Electronic Arts handle its video games. Says Bowman, "It appears that licensors think they can create a bigger business by concentrating licensees."
What's certain: Online fantasy baseball is more than just a game!
Generally, online sites aren't accepting players signing up for the upcoming season. But that lull isn't likely to last. Next week, Major League Baseball is expected to decrease the number of outlets offering its officially licensed fantasy games — even as one game-maker is challenging MLB's authority to license anybody.
CDM Fantasy Sports filed a suit Monday against MLB in a federal court in St. Louis. (Last year CDM provided online baseball games used by USA TODAY, but this year those games will not be available at USATODAY.com.)
The lawsuit's gist, CDM lawyer Rudy Telscher says, is pretty simple: Can anybody own statistics?
He concedes one needs MLB licenses for trademarked material. "And we're fine with not being able to use logos and bells and whistles where they have rights. The question, which hasn't been decided by any court, is whether the mere use of bare statistics associated with players is a violation."
Telscher argues such statistics are in the public domain — like names in telephone books.
First amendment lawyer Robert Corn-Revere, not associated with the case, suggests CDM might have a point: "It's generally true that the law doesn't allow you to own information in its raw form and exclude others to use it."
But CDM vice president Charlie Wiegert suggests another reason for the suit: MLB "is about to put the whole fantasy industry at risk."
Bob Bowman, who oversees MLB Advanced Media, disagrees. MLB recently paid an estimated $50 million over five years to the MLB players union to take control of online fantasy licensing. And Bowman says there's only one goal: "We want more fans playing more fantasy baseball."
Bowman suggests MLB might end up with four or five major sites, as well as mlb.com, that will be officially licensed, down from about 13. About 12 small-scale sites draw fewer than 5,000 players and are expected to retain licenses.
Greg Ambrosius, president of the Fantasy Sports Trade Association, suggests giving fewer consumer choices isn't likely to increase consumption: "It would be tough to take all the fantasy choices now available and put them under just a few umbrellas."
Ambrosius, who manages a national fantasy baseball tournament that charges as much as $1,250 a player with a $100,000 prize, says at least 150 sites offer fantasy baseball — with about 10 million players in the USA.
Bowman, estimating 2.5 million Americans now play fantasy baseball, counters that what's needed is innovation, such as fantasy games where players get online video highlights and news updates via cell phone about their rosters.
And it's not uncommon for sports leagues to thin out the ranks of its licensees, such as when the NFL let Reebok handle sales for all its game jerseys and Electronic Arts handle its video games. Says Bowman, "It appears that licensors think they can create a bigger business by concentrating licensees."
What's certain: Online fantasy baseball is more than just a game!
