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Originally Posted by DougWyatt
Show me that.
I think you are confused by playing games, with people out or whatnot. The video games strike up a deal with MLB to use their teams ... the negotiation isn't with the players union ... not sure where you get that info. The players union in turn demands a cut from MLB, and demands that people not in their union not be included.
If you wanted to start a game with David Wright as the starting 3B for the Frenchtown Frenchmen - you can't be stopped. (Assuming the logo doesn't resemble copyrighted logos).
Again ... Player names and statistics are currently freely usable by the public - or gaming companies such as fantasy games.
Think about it, how could it be legal for hundreds of fantasy gaming companies to use the same information; and not other gaming companies ?
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I would think that between SI and Sega, their lawyers would be looking into this and suggesting the best approach for OOTP to take. I will admit some ignorance of all the nuances of the law, but I am not sure that an appealed ruling is solid legal footing to claim somethings legality. In this situation CBC sued MLB becuase MLB told them to shut down their site or pay royalty fees. CBC won the initial case and MLB appealed the decision. Therfore should MLB win the final appeal, I would imagine they would have recourse to charge CBC not only for future use of the names, but also would be liable for payment to MLB from the date MLB gave them the ultimatum.
Therefore, I believe it behooves OOTP, SI, and Sega, to monitor this situation and wait until there is a final ruling. In the meantime, hopefully Markus and company can work with some of the roster makers and take the necessary steps to help make roster creation easier.