I think the difference comes in when you go from "right to use" to "right to profit". When it's right to use then you are dealing in information, which is a First Amendment issue or what the courts addressed in the Motorola court case. But here we are dealing more with using this information to package and sell a game and it becomes more of a Rights of Publicity issue or what the courts addressed in Haelen Laboratories. We play fantasy baseball so we can own Alex Rodriguez, not so we can own some nameless, faceless player who batted .314 with 54 HR and 156 RBIs last year. As a fantasy player, I'm happy with the decision. But as a fan of honesty and fair play - I think it stinks.
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