"Fantasy Baseball" Decision

by Lee Gesmer on August 10, 2006

[Update:] Matt Mattari sent me a link to his article on this topic, which was published in the Harvard Journal of Law & Technology before the publication of the decision. Click here to read the article (pdf file).
Here is a link (pdf file) to the federal district court decision in the C.B.C. Distribution and Marketing Inc. v. Major League Baseball Advanced Media and Major League Baseball Players’ Association case, issued on August 8, 2006.

Quoting from the decision:

The court finds that the undisputed facts establish that the players do not have a right of publicity in their names and playing records as used in CBC’s fantasy games and that CBC has not violated the players’ claimed right of publicity. The court further finds, alternatively, that even if the players have a claimed right of publicity, the First Amendment takes precedence over such a right. The court further finds that the undisputed facts establish that the names and playing records of Major League baseball players as used in CBC’s fantasy games are not copyrightable and, therefore, federal copyright law does not preempt the players’ claimed right of publicity.

Read the full article

Long-Awaited Rambus FTC Decision

by Lee Gesmer on August 2, 2006

Here is a link to the FTC decision, which is adverse to Rambus. More to come ….


Update: Andy Updegrove discusses the background of this case and the implications of the decision on Consortiuminfo.com:

In what can only be called a stunning development in a high profile standards case, the U.S. Federal Trade Commission (FTC) unanimously reversed the earlier decision of one of its own Administrative Law Judges and ruled that semiconductor technology company Rambus, Inc. had “unlawfully monopolized the markets for four computer memory technologies that have been incorporated into industry standards for dynamic random access memory,” or DRAM. The FTC will deliberate further before announcing the penalties to be levied against Rambus.

continue . . . Read the full article

Supernova 2006: Connecting in Complex World

by Lee Gesmer on July 21, 2006

I usually find the Knowledge@Wharton reports and articles interesting. Here is a series of articles summarizing some of the topics discussed at their annual Supernova Conference, which was held in San Francisco in late June.

The topics include:

What’s the Future of Desktop Software — and How Will It Affect Your Privacy?

Kevin Lynch on Adobe‘s Plans for a New Generation of Software

The Rise of the ‘Videonet’

TantekRead the full article

The "Anonymous Lawyer" Industry

by Lee Gesmer on July 21, 2006

First the blog, then the web site, and finally the book. Jeremy Blachman has quite an operation!

Law firms, and especially large law firms, are very strange places. Combine driven, intelligent (mostly), eccentric people, big egos, big money, competition for partnership among associates and for share of income among partners, clients pressures, competition between firms, greed, …. I could go on. Having worked at three of these institutions (the-firm-formally-known-as Hale and Dorr, the-firm-formally-known-as-Howrey & Simon,and the firm still known as Choate, Hall & Stewart), I am not totally unfamiliar with them. Now, Jeremy Blachman, long-time author of the Anonymous Lawyer blog (which is very mordant and a bit humorous if taken in small bites), has written a soon-to-be released book, The Anonymous Lawyer.

In the manner of these things, the book is being promoted at an elaborate (and I do mean elaborate) web site which you can view by clicking here.… Read the full article