MLB Players Inc. (MLBPI) has responded to claims that DraftKings and bet365 were exercising their free speech and press rights by using baseball player photographs in their app and advertising.
The professional baseball union has responded to the operators’ motions to dismiss the complaint filed against them in the Eastern District of Pennsylvania, alleging inappropriate use of player likenesses.
Both bet365 and DraftKings relied largely on existing fantasy sports-related case law to support their motions to dismiss, which found that player photographs and game performance statistics are newsworthy.
See also:
- Card Counter Sues Horseshoe Baltimore for $3M Over Detention
- Codere Online Stock Falls as Auditor Resigns
- FIBA selects 1xBet as its global betting partner
PA usage law has a different criteria than the other states.
MLBPI, on the other hand, contended that because those instances are not in Pennsylvania, they are all irrelevant. The MLBPI’s main contention is that the wording of Pennsylvania’s fair use statute is more than just “newsworthiness”. Rather, it specifically mentions “news reports” or “news presentations”.
The MLBPI highlighted that neither bet365 nor DraftKings identify as media firms, which supports the notion that these social media posts regarding various baseball players do not qualify as “news reports”.
Each of these social media posts also includes the typical disclaimer that operators include on adverts, including terms and conditions and responsible gambling wording. According to the union, Pennsylvania gaming legislation may mandate this type of text on all advertisements but not on news articles, implying that these posts are designed as advertising and promotion rather than news.
Finally, the plaintiff addressed the claim that they lacked standing to file the lawsuit. While the organization may not be able to prove injury, it claims to be trying to safeguard the interests of its individual members who have the legal standing to sue.
Second lawsuit against Underdog is active in New York
The MLBPI’s position in Pennsylvania is mainly based on state law, so it will need to take a different approach in its other pending lawsuit against Underdog in the Southern District of New York, which is now active and awaiting Underdog’s answer to the initial complaint.
FanDuel was initially named in the action in New York with Underdog, but was dropped after the firm agreed to a licensing agreement with MLBPI. In fact, MLBPI highlighted the contract with FanDuel and a similar relationship with Fanatics in its Pennsylvania response to back up its case against its competition.
Join us on all our social channels and groups
Gameongazette is present on:
