FYI on MLB licensing

toadfreak7 · 08-30-2006, 04:31 PM

http://www.sportsmogul.com/wordpress/?p=22

Interesting.

Raidergoo · 08-30-2006, 04:36 PM

I'm curious . . .does this change anything?

Charlie Hough · 08-30-2006, 04:39 PM

According to Marc Duffy, SI handed this over to its legal team right after the decision came down. So it may be up to the lawyers in the end. There was a topic here that covered this very thoroughly.

It is very clear to me, based on the published court's opinion and based on the case history cited, that there is no way that MLB can pursue this further. It's a dead issue, and just about anyone can use player names and statistics without a licensing agreement. So SI should go ahead and put real player names and statistics into OOTP. But it will be up to the legal team to decide.

Meanwhile, the competition clearly isn't letting anything stand in its way.

Read the previous thread here: http://www.ootpdevelopments.com/boar...d.php?t=129440

HolyCow98 · 08-30-2006, 04:42 PM

If fantasy baseball and baseball video games/simulations are considered legally to be the same thing than it sounds like anyone can use Names and stats. It would be cool...if for nothing else to eliminate the few hundred posts asking for it every version.

MadMax58 · 08-30-2006, 04:51 PM

I'm certainly no lawyer, but I wouldnt think so. OOTP would still need to license the Lahman database, or create it's own version or format.

PS & Mogul licensed it already, but perhaps SI is a bit more concerned of the repercussions of doing so, as the MLB & MLBPA can always file a lawsuit, whether they win or not. Or maybe the DB was too pricy to license. I don't recall if SI or Markus ever said why.

silvam14 · 08-30-2006, 04:51 PM

Quote:

Originally Posted by HolyCow98

If fantasy baseball and baseball video games/simulations are considered legally to be the same thing than it sounds like anyone can use Names and stats. It would be cool...if for nothing else to eliminate the few hundred posts asking for it every version.

Amen!

Charlie Hough · 08-30-2006, 06:07 PM

Quote:

Originally Posted by MadMax58

I'm certainly no lawyer, but I wouldnt think so. OOTP would still need to license the Lahman database, or create it's own version or format.

SI wouldn't need to license the Lahman database, because OOTP could simply offer current MLB players based on SI's own gathering of stats and information. The Lahman database could be left for people to download and use, just like they do now.

Questdog · 08-30-2006, 06:08 PM

Quote:

Originally Posted by Charlie Hough

SI wouldn't need to license the Lahman database, because OOTP could simply offer current MLB players based on SI's own gathering of stats and information. The Lahman database could be left for people to download and use, just like they do now.

Actually, databases cannot be copyrighted, so OOTP could use Lahman however they wanted....

MadMax58 · 08-30-2006, 06:15 PM

Quote:

Originally Posted by Charlie Hough

SI wouldn't need to license the Lahman database, because OOTP could simply offer current MLB players based on SI's own gathering of stats and information. The Lahman database could be left for people to download and use, just like they do now.

Did I not say the same thing?

MadMax58 · 08-30-2006, 06:19 PM

Quote:

Originally Posted by Questdog

Actually, databases cannot be copyrighted, so OOTP could use Lahman however they wanted....

If you believe the article...then you can't. It may be wrong, but then why wouldn't SI put it out there?

I would assume this to be true as PS & Mogul have both only this year provided the Lakman DB with their product. I could be wrong though.

Questdog · 08-30-2006, 06:30 PM

Quote:

Originally Posted by MadMax58

If you believe the article...then you can't. It may be wrong, but then why wouldn't SI put it out there?

I would assume this to be true as PS & Mogul have both only this year provided the Lakman DB with their product. I could be wrong though.

I've had this knowledge prior to the article. The rulings have basically been the databases are merely rearranging existing material and offer nothing newly created that can be owned.

Cras · 08-30-2006, 08:16 PM

SI can include real names and players if they want, just as long as the game then has an option to use fictional players, like FM has.

kagnew35 · 08-30-2006, 08:50 PM

Team logos and names are copyrighted tho, so SI will likely to have to use fictional teams and logos

TheGreatAndini · 08-30-2006, 08:58 PM

Quote:

Originally Posted by Cras

SI can include real names and players if they want, just as long as the game then has an option to use fictional players, like FM has.

are you sure? I beleive they have top get licenses for FM, which is why Germany and Holland don't have real players, and also I belleive, why there is no J-League.

Questdog · 08-30-2006, 08:58 PM

Quote:

Originally Posted by kagnew35

Team logos and names are copyrighted tho, so SI will likely to have to use fictional teams and logos

You could use the team names and stadium names, but not the logos.

Cras · 08-30-2006, 09:59 PM

Quote:

Originally Posted by TheGreatAndini

are you sure? I beleive they have top get licenses for FM, which is why Germany and Holland don't have real players, and also I belleive, why there is no J-League.

I am not sure how the licenses work in that situation, because I know that they have the license for the Football League, but don't for the Premiership, yet Premiership clubs have their right names, stadiums, and players, the only difference is no pictures, logos, or kits. But the colours are correct as well.

Charlie Hough · 08-30-2006, 11:02 PM

FM has licensing deals in place wherever it needs to have them or can get them. It already has licensing deals with several of the top leagues, but it doesn't have the license to use the German national team player names or the J-League. You'll see FM sign more licensing deals as they are required, as long as they're not going to be charged a massive amount of money. That was apparently the case with the J-League, so it was dropped from the game.

Bonedwarf · 08-31-2006, 03:57 PM

I fail to see what the big deal here is. Who cares if SI get licensed stuff? The fan community serves that need quite simply. Why go rocking the boat and getting bloody lawyers involved when anyone can download the required files anyway?

And remember, law and justice come down to who has the better lawyers, not who is actually right.

Charlie Hough · 08-31-2006, 04:00 PM

Because the game could come with the real players and stats as soon as it's released. And actual research resources could be devoted to this, possibly resulting in better roster sets than those currently available, including full rosters all the way down to the minor leagues. If it wasn't for a couple of very dedicated and generous gamers out there, we wouldn't have those rosters. So why not have the security of OOTP being committed to offering them in every version?

Questdog · 08-31-2006, 04:02 PM

Quote:

Originally Posted by Charlie Hough

Because the game could come with the real players and stats as soon as it's released. And actual research resources could be devoted to this, possibly resulting in better roster sets than those currently available, including full rosters all the way down to the minor leagues. If it wasn't for a couple of very dedicated and generous gamers out there, we wouldn't have those rosters. So why not have the security of OOTP being committed to offering them in every version?

Real players with preplanned rating changes.....

08-30-2006, 04:31 PM	#1
toadfreak7 Minors (Triple A) Join Date: Apr 2002 Posts: 296	FYI on MLB licensing http://www.sportsmogul.com/wordpress/?p=22 Interesting.

08-30-2006, 04:39 PM	#3
Charlie Hough Hall Of Famer Join Date: May 2006 Posts: 3,644	According to Marc Duffy, SI handed this over to its legal team right after the decision came down. So it may be up to the lawyers in the end. There was a topic here that covered this very thoroughly. It is very clear to me, based on the published court's opinion and based on the case history cited, that there is no way that MLB can pursue this further. It's a dead issue, and just about anyone can use player names and statistics without a licensing agreement. So SI should go ahead and put real player names and statistics into OOTP. But it will be up to the legal team to decide. Meanwhile, the competition clearly isn't letting anything stand in its way. Read the previous thread here: http://www.ootpdevelopments.com/boar...d.php?t=129440 Last edited by Charlie Hough; 08-30-2006 at 04:40 PM.

08-30-2006, 04:42 PM	#4
HolyCow98 Hall Of Famer Join Date: Dec 2001 Location: Douglasville, GA Posts: 2,735	If fantasy baseball and baseball video games/simulations are considered legally to be the same thing than it sounds like anyone can use Names and stats. It would be cool...if for nothing else to eliminate the few hundred posts asking for it every version. __________________ NPBL Enjoying its 60th season Georgia GM

08-30-2006, 08:16 PM	#12
Cras Hall Of Famer Join Date: Dec 2003 Location: LEO Posts: 3,789	SI can include real names and players if they want, just as long as the game then has an option to use fictional players, like FM has. __________________ The Chicago White Sox 1906, 1917, 2005 World Series Champions 1900, 1901, 1906, 1917, 1919, 1959, 2005 American League Champions 2000, 2005, 2008 American League Central Division Champions 1983, 1993 American League West Division Champions OOTP \| Orbiter \| SSMS \| FSX \| LoL \| MLP:FIM!

08-30-2006, 08:50 PM	#13
kagnew35 All Star Starter Join Date: Dec 2005 Location: Las Vegas, Nev Posts: 1,965	Team logos and names are copyrighted tho, so SI will likely to have to use fictional teams and logos __________________ Elder Statesman of the Board http://www.soxxcountry.com/ site with FaceGen Central and Duffys Tavern Live OOTP Chat Room

08-30-2006, 04:36 PM	#2
Raidergoo Hall Of Famer Join Date: Mar 2003 Posts: 9,005	I'm curious . . .does this change anything?

08-30-2006, 04:51 PM	#5
MadMax58 Minors (Triple A) Join Date: May 2006 Posts: 266	I'm certainly no lawyer, but I wouldnt think so. OOTP would still need to license the Lahman database, or create it's own version or format. PS & Mogul licensed it already, but perhaps SI is a bit more concerned of the repercussions of doing so, as the MLB & MLBPA can always file a lawsuit, whether they win or not. Or maybe the DB was too pricy to license. I don't recall if SI or Markus ever said why.

08-30-2006, 11:02 PM	#17
Charlie Hough Hall Of Famer Join Date: May 2006 Posts: 3,644	FM has licensing deals in place wherever it needs to have them or can get them. It already has licensing deals with several of the top leagues, but it doesn't have the license to use the German national team player names or the J-League. You'll see FM sign more licensing deals as they are required, as long as they're not going to be charged a massive amount of money. That was apparently the case with the J-League, so it was dropped from the game.

08-31-2006, 03:57 PM	#18
Bonedwarf All Star Starter Join Date: Jan 2004 Posts: 1,339	I fail to see what the big deal here is. Who cares if SI get licensed stuff? The fan community serves that need quite simply. Why go rocking the boat and getting bloody lawyers involved when anyone can download the required files anyway? And remember, law and justice come down to who has the better lawyers, not who is actually right.

08-31-2006, 04:00 PM	#19
Charlie Hough Hall Of Famer Join Date: May 2006 Posts: 3,644	Because the game could come with the real players and stats as soon as it's released. And actual research resources could be devoted to this, possibly resulting in better roster sets than those currently available, including full rosters all the way down to the minor leagues. If it wasn't for a couple of very dedicated and generous gamers out there, we wouldn't have those rosters. So why not have the security of OOTP being committed to offering them in every version?