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Players to sue for hundreds of millions over use of their statistics

theathletic.com

41–50 of 99 posts

Re: Players to sue for hundreds of millions over use of their statistics

#41

It's no more "their" statistic than the sentence "Neil Armstrong was the first man on the moon" belongs to Neil Armstrong. If I sit at a busy intersection and count the cars going by in a 5 minute span, do I owe something to each of those drivers. IANAL, but this is just ridiculous.

Trademarked names... They'll want a license before anyone can talk about them at all; and then they'll wonder where their fame went.

Re: Players to sue for hundreds of millions over use of their statistics

#43
post #40

Earlier quoted context omitted.

> and all of those rights must be purchased this have been tried for Chess, and deemed not applicable. Others are allowed to do live coverage of the moves without purchasing any rights. The organizers control the live footage, can ban them from entering the premises to interview players etc., so most will adhere to some form of contract. But if you have no ties there's nothing stopping you from making your own conten…

Interesting. Makes me wonder if you could train a machine learning model to take one or more football match video streams as input and turn them into a live 3d model. You then argue that the model simply documents the facts of the game, so does not infringe on the copyright of the original source streams. Then you sell live footage of the model (perhaps with slightly different camera angles)

Where they could get you is how they can protect their "likeness." If you reduced the simulation to only functional aspects of the game, then I don't see how it'd be a problem.

Re: Players to sue for hundreds of millions over use of their statistics

#44
post #5

Earlier quoted context omitted.

These are football players playing matches in public and the statistics are trivial I imagine, like how many passes they make and stuff like that, no? This seems like they just want free money and I hope they lose

Sure and when you drive your car in public, it's trivial for me to place cameras around the city and track your plate for movement data. You think I should be able to sell that? Personal data doesn't just stop being personal data because it's someone else's.

IANAL, but I recall the phrase “reasonable expectation of privacy” coming up in these kinds of situations. I’m really not sure how performing public entertainment exhibitions overlaps with that, whereas driving to work and such is an activity that merely takes place in public but is not performed for the public.

Re: Players to sue for hundreds of millions over use of their statistics

#45
post #40

Earlier quoted context omitted.

> and all of those rights must be purchased this have been tried for Chess, and deemed not applicable. Others are allowed to do live coverage of the moves without purchasing any rights. The organizers control the live footage, can ban them from entering the premises to interview players etc., so most will adhere to some form of contract. But if you have no ties there's nothing stopping you from making your own conten…

Interesting. Makes me wonder if you could train a machine learning model to take one or more football match video streams as input and turn them into a live 3d model. You then argue that the model simply documents the facts of the game, so does not infringe on the copyright of the original source streams. Then you sell live footage of the model (perhaps with slightly different camera angles)

> does not infringe on the copyright of the original source streams

Unless you're getting the raw video stream from all the cameras, it'll be transformed through the producer and director's creative control and that, I suspect, would block you from doing this - it's not longer just "facts", it's a particular interpretation of those "facts" (cf bare recounting of historical events vs someone's book covering the same, I suppose.

Re: Players to sue for hundreds of millions over use of their statistics

#47
post #7

I'm not a lawyer, and I'm especially not a British lawyer, but I do have an Athletic subscription. The article discusses a lawsuit on behalf of Primer League and mostly lower league soccer players in England around their "personal data." > More than 400 current and former players have signed up to pursue gaming, betting and data-processing companies who utilise their personal statistics without consent or compensatio…

> facts are not copyrightable

This is the nail in the coffin. Imagine the lengths lawyers would go if they could monetize any abstract reference to something.

Re: Players to sue for hundreds of millions over use of their statistics

#48
post #11

Earlier quoted context omitted.

The legal argument appears to be: 1. There have been breaches of data protection law (GDPR as implemented in the Data Protection Act 2018), e.g. players did not consent to data transfer, the data isn't accurate, etc. and it's done on a commercial basis. 2. These breaches were injurious to the economic prospects of the affected players and therefore damages should be awarded. I would imagine that the cause of action w…

The idea that everything remotely involving data is forbidden under GDPR is giving it a bad name. I'm reminded of every Comcast sin being labeled as a "net neutrality" issue. Here, specifically, GDPR prescribes exemptions for journalism: https://gdpr.eu/article-85-right-to-freedom-of-expression-an... There are probably other exemptions that would apply for innocuous activity freely done in public, with the explicit u…

I doubt statistics won't be consider personal data. For example "Someone shot 5 shots on goal" is not exactly personal data. "Simon Munster played 54 mintues" should not be personal data it's a fact of a public event.

Re: Players to sue for hundreds of millions over use of their statistics

#49
post #5

Earlier quoted context omitted.

I don't have access to the article but they'll surely be suing on GDPR grounds, for unpermissioned use of personal data, not the copyright (which, I agree, they probably won't hold). It's akin to an employer now tracking 24/7 whether you are sat at your home office desk (in my view: this shouldn't be allowed, with or without permission).

These are football players playing matches in public and the statistics are trivial I imagine, like how many passes they make and stuff like that, no? This seems like they just want free money and I hope they lose

> the statistics are trivial I imagine, like how many passes they make

If it's Opta, they record a whole bunch of stats for every player in every game in the top 4 (I think) leagues - distance run, passes attempted, passes completed, whether shots were on target, etc.

Even providing "how good was the shot?" metrics - https://www.optasports.com/services/analytics/advanced-metri...

Huge investment in tech and people. Definitely not "trivial".

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