In what the WALL STREET JOURNAL calls "the latest clash over
the growing use of live sports information in cyberspace," the
NBA filed suit against America Online for "allegedly pirating
scores and statistics from NBA games in progress." The suit,
which also names STATS Inc., contends that AOL "supplied real-
time play-by-play accounts, descriptions and information without
the league's permission." At issue, according to the JOURNAL,
"is whether game information constitutes intellectual information
owned by pro sports leagues." The NBA argues that real-time stat
data is "akin" to broadcasting, while AOL maintains that such
information is news. AOL Chair & CEO Steve Case: "We believe
the new on-line medium should have the same right to report on
real-time events and news as television and radio do" (WALL
STREET JOURNAL, 8/29).
PLAYING CATCH-UP? The WASHINGTON TIMES notes AOL "may have
won the tipoff" by filing suit on August 8, after the NBA won a
similar suit against Motorola and STATS Inc. over the SportsTrax
pager, asking for a ruling that the NBA may not prohibit AOL from
posting scores and statistics of games in progress. The AOL suit
was filed in U.S. District Court in Alexandria, VA, while the
NBA's suit was filed in federal court in Manhattan. AOL attorney
David Phillips says they view the case as a First Amendment
issue: "It's really an unprecedented attempt to assert ownership
over facts" (Doug Abrahms, WASHINGTON TIMES, 8/29).
