An "increasingly contentious battle being waged" by pro
sports leagues against on-line service providers is profiled by
Fatsis and Sandberg of the WALL STREET JOURNAL. The "clash
threatens a popular and profitable pairing: real time sports
information and cyberspace." The NBA's suit against AOL and
STATS, Inc. alleging illegal misappropriation of live game data
"appears aimed at setting a new precedent for a new medium."
Some legal experts say the efforts to manage on-line sports
information "fly in the face of a recent federal court ruling"
stating the Internet should get First Amendment protection "equal
to or greater than those enjoyed by newspapers and magazines."
AOL Associate Gen. Counsel David Phillips: "This goes beyond
sports. Does this mean we can't report on what's going on with
the Oscars?" But league officials say they are "only trying to
protect their right to control live game information." One
sports-league exec: "You've got to draw the line between
reporting the news and a continuous transmission of the account
of the game that we're spending all this money to create."
Leagues are especially eyeing the Internet's ability to handle
video and audio feeds. Ann Kirschner, NFL Enterprises
VP/Programming & Media Development: "Just as we control the
rights for the game in television and radio, we intend to control
the way the game appears on the Internet." Leagues "have won"
the first court fights, but in the ruling backing the NBA versus
Motorola beeper case, U.S. District Judge Loretta Preska ruled no
"copyright infringement had taken place." Media lawyers say that
is because factual information can't be copyrighted, and is
protected under the first amendment. Given a recent federal
appeals panel's "rebuke of a new law criminalizing 'indecent'
material on the Internet, that could strengthen the on-line
side's hand." But "until the on-line world gains financial
muscle, ... the leagues may have a big advantage." The JOURNAL's
Fatsis and Sandberg note some on-line providers are working with
leagues rather than partaking in a costly legal fight (WALL
STREET JOURNAL, 8/30).
