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Well the closest analogy that I know of is market data from stock exchanges. this seems close to sports data, in that its not "pre-scripted" and the company th
by chollida1 8y ago
Well the closest analogy that I know of is market data from stock exchanges.
this seems close to sports data, in that its not "pre-scripted" and the company that runs the markets owns that data and sells it, in alot of cases its one of the larger sources of revenue.
I can't see how the stock exchange can own that data but the sports leagues can't own the data about their leagues. Though as someone who used to do sports betting I wish this was the case:)
In the sports analogy the market participants are the same as sports fans watching the game. They get to see the plays unfold (market data) but have to pay for that "privilege".
In that case even if you are a participant of the stock exchange you still need to pay for the market data and historical data. Sports leagues could piggy back off this I guess. Seems like a stretch tome but I'll bet some league tries this.
- CamTin 8y agoThe stock exchange is literally the only party which even has the order flow data, whereas sporting events happen in arenas where thousands of people witness them. I wouldn't think a stock exchange could sue me for publishing order flow that I was personally party to, since that would seem draconian, but maybe I'm wrong. Likewise, I don't see how somebody can sue me for recording the fact that I saw Altuve go 2 for 3 with a homer and a single the other day. Again, maybe I'm wrong. Intellectual property doesn't really make much inherent sense, since it's all arbitrary and socially constructed, so lawyers and judges can often come to what ordinary people would think of as bonkers conclusions.
- rusk 8y agoThe stock exchange gather, arrange and publish the data and that's what's copyrighted* , not the actually event itself. If you were to be able to access and compile the data independently you could publish it and claim copyright. This is similar to how the guys in the article are being ejected from the stadia ... because they're controlling access to the source data. * I am not a lawyer.
- paulie_a 8y agoYou never need the disclaimer that you are not a lawyer.
- rusk 8y agoBetraying my age ... it’s a 90s thing
- AznHisoka 8y agoespecially when it comes to new domains where almost no cases have ever been brought up related to this. No lawyer can tell you the right answer for sure.
- Marazan 8y agoThis is solid legal advice* * I am not a lawyer.
- rhacker 8y agoI agree. Even if you're a judge on the supreme court* , there's no such thing as perfect legal advice because no one can guarantee an outcome. * Not a judge on the supreme court
- rusk 8y agoIt's more to protect me from people coming back to me saying here you said X and Y and I had my ass passed around the court before being handed back to me by a judge I'm not a lawyer, so if you're going to court based on what I say please consult with somebody who is.
- rayiner 8y agoStock market data is probably not protected either, as they are facts (see my discussion of Feist above). The Second Circuit has not addressed stock market data specifically, as far as I am aware, but held in Barclays that banks' assessments regarding the "target price" of various securities are not protectable: https://scholar.google.com/scholar_case?case=3905720684011410549&q=theflyonthewall&hl=en&as_sdt=20000006 https://scholar.google.com/scholar_case?case=390572068401141....
- chollida1 8y agoI'd normally just upvote but I do appreciate the link, as I wouldn't have found this on my own, thx!