Baseball
Another win for baseball fans — over baseball
The Supreme Court refuses to hear MLB's appeal in the fantasy baseball case, meaning stats stay in the public domain.
Congratulations. You won a war this week. Or at least you won a major battle in the war that Major League Baseball long ago declared on you.
“You” — if I may call you that — are a baseball fan, I’m going to assume since you’ve made it all the way to the second paragraph.
The U.S. Supreme Court declined to hear baseball’s appeal of a federal appeals court ruling that it does not own exclusive rights to major league players’ statistics.
MLB Advanced Media, baseball’s lucrative Internet arm, had refused to renew a license for a St. Louis company called CBC Distribution and Marketing, which runs fantasy leagues. MLBAM, in partnership with the players union, planned to run its own fantasy games at MLB.com, and restrict the number of licenses it granted to a small number of other large sites.
CBC sued, arguing that ballplayers’ identities and stats are in the public domain. Baseball’s argument was essentially that a player’s stats, in connection with his name, are a part of his unique identity just as his face is. It’s not a ridiculous argument, but it lost.
Which means you won.
Major League Baseball clearly felt it wasn’t profiting enough from fantasy baseball, at least not directly. This column wrote at the time of the original summary judgment in 2006 that whether the massive growth of fantasy baseball in the last 15 years or so was a cause or an effect of the similarly timed growth of baseball itself is an unanswered question. I believe it still is.
MLB wanted to create a situation in which its most dedicated fans — casual, drop in on a ballgame now and then fans don’t tend to play fantasy baseball — would have had to pay no-doubt ever-escalating fees to a small group of big Web sites (MLB, Yahoo, CBS, etc.) in order to keep following the game the way they’d chosen to follow it, a way that had always been free aside from optional bells and whistles.
Evidently MLB’s accountants determined this predatory strategy to be a more cost-effective method of sending a message than leaving a burning bag of dog poo on every single baseball fan’s doorstep.
The appeals court ruling isn’t binding beyond the 8th District, but it has what’s called persuasive authority. So baseball or one of the other sports leagues could try again in another jurisdiction, but they’d be underdogs.
The baseball people told Maury Brown of the Biz of Baseball that they’re considering their options, but it looks like MLB’s best option would be to try to compete in the marketplace. It has the players, the product and tremendous marketing clout, so competing in the marketplace is a great idea for MLB, except that competing in the marketplace means baseball would have to do something it absolute hates to do.
Try to please you.
King Kaufman is a senior writer for Salon. You can e-mail him at king at salon dot com. Facebook / Twitter / Tumblr More King Kaufman.
Guillen’s pro-Castro candor
The Miami Marlins' manager is lucky to get a suspension. Not so long ago, he might have received a car bomb.
A contrite Miami Marlins manager Ozzie Guillen gestures at a news conference on Tuesday. (Credit: AP/Lynne Sladky) There’s not much reason to doubt that baseball manager Ozzie Guillen admires Fidel Castro. He said so five years ago in an interview with Men’s Journal. When asked to name the toughest man he knew, Guillen replied, “Fidel Castro. He’s a bull—- dictator and everybody’s against him, and he still survives, has power. Still has a country behind him. Everywhere he goes, they roll out the red carpet. I don’t admire his philosophy; I admire him.’’
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Jefferson Morley is a staff writer for Salon in Washington and author of the forthcoming book, Snow-Storm in August: Washington City, Francis Scott Key, and the Forgotten Race Riot of 1835 (Nan Talese/Doubleday). More Jefferson Morley.
The year of the baseball book
From a treatise on Yankee hating to a "people's history," a number of great books covered the national pastime
A simple and unsettling calculation reveals to me that this year marks the 40th anniversary of my coming to New England and setting up shop as a Red Sox fan. How innocent I was in that distant day: how little I understood the faces etched with pain, the haunted eyes, the lips that writhed in uttering “Yankees.” It did not take long to become afflicted by the same symptoms and, in my time here, certain Yankee-related events have been so traumatic that they are best designated by numerals alone: 1978 and 2003. The ALCS of 2004 (when the Red Sox came from a 0-3 game deficit to vanquish the evil ones) changed the region’s mental landscape — as, of course, did the subsequent World Championship(s). Since then, Yankee hating has become more of a pleasant pastime than a crippling mental and spiritual disorder.
Continue Reading CloseThe Marlins’ bizarre new look
The team's revamped logo involves a whimsical rainbow swoosh. The effect is anything but intimidating
So far the biggest story to come out of baseball’s early off-season isn’t some splashy free agent signing or the abrupt retirement of St. Louis Cardinals manager Tony LaRussa, but that of the logo and uniform redesign of the Florida Marlins. The new look was officially announced on Friday, and if you haven’t seen them already, you might not believe your eyes. In fact, when some of the images of the new logo were leaked there was such shock and disbelief by the baseball world, most people assumed it was a farce, calling the look everything from “Hawaiian Shaved Ice” to “Push-up Pop” to “Rainbow Bright.”
Continue Reading CloseExonerating Bill Buckner
25 years after the Red Sox infielder's infamous World Series error, we look at what really happened that October
(Credit: AP) Bill Buckner’s error in the 1986 World Series – 25 years ago today, a day of infamy for Red Sox fans — is one of the two most famous plays in World Series history. (Willie Mays’ catch in the 1954 fall classic is the other.)
Like Mays’ over-the-shoulder catch, Buckner’s booboo is entrenched in American folklore. Jimmy Fallon’s Red Sox fanatic in “Fever Pitch,” distraught over breaking up with his girlfriend, watches Buckner’s play over and over on his VCR. During congressional hearings in 2008, U.S. Rep. John Yarmuth, D-Ky., called former Treasury Secretary John Snow, then-SEC chief Christopher Cox and former Federal Reserve Chairman Alan Greenspan “three Bill Buckners.” On “Curb Your Enthusiasm” this season, Larry David loses a softball game when a ball rolls between his legs; his coach screams, “You Buckner-ed me!”
Continue Reading CloseAllen Barra's next book is "Mickey and Willie -- The Parallel Lives of Baseball's Golden Age," from Crown. More Allen Barra.
What baseball tells us about racism
Most home-plate umpires are white -- and they seem to be hurting the careers of minority pitchers
Despite recent odes to “post-racial” sensibilities, persistent racial wage and unemployment gaps show that prejudice is alive and well in America. Nonetheless, that truism is often angrily denied or willfully ignored in our society, in part, because prejudice is so much more difficult to recognize on a day-to-day basis. As opposed to the Jim Crow era of white hoods and lynch mobs, 21st century American bigotry is now more often an unseen crime of the subtle and the reflexive — and the crime scene tends to be the shadowy nuances of hiring decisions, performance evaluations and plausible deniability.
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David Sirota is a best-selling author of the new book "Back to Our Future: How the 1980s Explain the World We Live In Now." He hosts the morning show on AM760 in Colorado. E-mail him at ds@davidsirota.com, follow him on Twitter @davidsirota or visit his website at www.davidsirota.com. More David Sirota.
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