Akeem Daniels and two other athletes said the DFS sites used their names without their permissionGETTY IMAGES
The Indiana Supreme Court has ruled "in favor of daily fantasy companies DraftKings and FanDuel, who were the defendants in a case brought against them by three former college athletes," according to Darren Rovell of ESPN.com. Former Northern Illinois RBs Akeem Daniels and Cameron Stingily and former Indiana WR Nicholas Stoner "accused the two sites of using their names -- and thousands of other athletes' names -- in their games without their permission and using them in advertising." The five judges "unanimously agreed that the use of names, pictures and stats by DraftKings and FanDuel has a 'newsworthy value' and therefore is not subject to the publicity law" (ESPN.com, 10/24). In Indianapolis, Mark Alesia in a front-page piece notes the court wrote that fantasy sports' "use of names and statistics 'bears resemblance' to what's published in newspapers and websites." The court: "Fantasy sports operators use factual data combined with a significant, creative component that allows consumers to interact with the data in a unique way." Sports and gaming law attorney Daniel Wallach said that the decision "is a 'big setback' for players as legal sports gambling expands nationally." Wallach: "Looking ahead as sports betting becomes more prominent, the question over player compensation for in-game wagering is going to be front and center very soon" (INDIANAPOLIS STAR, 10/25).
