• About Us / Contact
This site contains commercial content
SportsHandle
  • US Sports Betting
    • Arizona
    • Arkansas
    • Colorado
    • Connecticut
    • Delaware
    • Illinois
    • Indiana
    • Iowa
    • Kansas
    • Louisiana
    • Maine
    • Maryland
    • Michigan
    • Mississippi
    • New Jersey
    • New York
    • Ohio
    • Pennsylvania
    • Tennessee
    • Virginia
    • West Virginia
    • Wyoming
  • Pending States
    • California
    • Florida
    • Georgia
    • Massachusetts
  • Canada
    • Ontario
    • British Columbia
    • Alberta
  • Sportsbooks
    • FanDuel
    • BetMGM
    • Caesars
    • PointsBet
    • BetRivers
  • Tools
    • Sportsbook Bonuses Explained
    • Guide To ‘Risk-Free’ Bets
    • Common Beginner Mistakes
    • Sports Betting Podcasts
    • Expected Value
    • Sports Scores And Odds Apps
    • Sports Betting Twitter
    • Partnership Tracker
  • News
No Result
View All Result
SportsHandle
  • US Sports Betting
    • Arizona
    • Arkansas
    • Colorado
    • Connecticut
    • Delaware
    • Illinois
    • Indiana
    • Iowa
    • Kansas
    • Louisiana
    • Maine
    • Maryland
    • Michigan
    • Mississippi
    • New Jersey
    • New York
    • Ohio
    • Pennsylvania
    • Tennessee
    • Virginia
    • West Virginia
    • Wyoming
  • Pending States
    • California
    • Florida
    • Georgia
    • Massachusetts
  • Canada
    • Ontario
    • British Columbia
    • Alberta
  • Sportsbooks
    • FanDuel
    • BetMGM
    • Caesars
    • PointsBet
    • BetRivers
  • Tools
    • Sportsbook Bonuses Explained
    • Guide To ‘Risk-Free’ Bets
    • Common Beginner Mistakes
    • Sports Betting Podcasts
    • Expected Value
    • Sports Scores And Odds Apps
    • Sports Betting Twitter
    • Partnership Tracker
  • News
No Result
View All Result
SportsHandle
No Result
View All Result

Sports Leagues Continue To Lobby To Force Sportsbooks To Use Their Data

But one intellectual property lawyer thinks legislatures that grant this go too far

Jeff Edelstein by Jeff Edelstein
May 5, 2021
in Legal, Regulation
stats

(Shutterstock)

Share on FacebookShare on Twitter

While New York and Florida have been stealing plenty of the β€œwill-they-or-won’t-they-legalize-online- sportsbooks” chatter this year, Ohio legislators have been taking a workman-like approach to the issue, spending nine weeks on hearings from interested parties before crafting a bill.

Among those interested parties were Ohio’s professional sports teams, plenty of which sent representatives to Columbus to make their pitch. And while they all want in on the action, they also have been repeatedly asking for something else: that any bill regarding sports betting mandates the sportsbooks have to get their statistics from official league data.

Why? Money, money, and more money.

β€œThere is a large monetary component in it,” said Marc Edelman, a professor of law at the Zicklin School of Business, Baruch College, City University of New York. β€œAnd most views of existing intellectual property law makes clear that anybody is allowed to collect sports data from games and resell that data to third parties. This matter is very well settled.”

And yet there are the leagues in Ohio, asking for what amounts to monopoly rights to their data. Some legislatures have granted this, at least in part, with Illinois and Tennessee mandating sportsbooks use official league data for live and prop bets.

Data mandate contradicts law

But to Edelman, who co-authored (along with John T. Holden of Oklahoma State) β€œMonopolizing Sports Data” for a forthcoming edition of the William & Mary Law Review, legislatures that allow this to happen are flying in the face of established law.

β€œAs recently as three years ago, a traditional intellectual property scholar would say it was absurd for a pro sports league to be able to prevent a third party from self-collecting data from games and then selling it to third parties,” Edelman said. β€œHowever the lobbying efforts of pro sports in recent years have convinced certain states, such as Illinois, to create such rights.”

Should the gambling industry be required to use league-approved "official data"? Britain's data collection experience provides a preview of the battles to come in the United States. https://t.co/ML3E5nkyXr

— The New York Times (@nytimes) July 3, 2018

Edelman said this matter was settled at the federal level back in the days of beepers.

In 1994, Motorola introduced SportsTrax in tandem with the Toronto Blue Jays. It was a beeper-type device that kept fans abreast of the pitch-by-pitch goings-on at Major League Baseball games. The 1994-95 baseball strike hampered the rollout of the device — which retailed for $149 — but Motorola then debuted a similar product, along with Sports Team Analysis and Tracking Systems (STATS), for the NBA.

They were promptly sued, and Manhattan federal court found in favor of the league, but then the U.S. Second Circuit Court of Appeals dismissed the majority of the claims the NBA had made, thereby paving the way for beeper manufacturers the world over — and third party sports data collection firms — to be able to collect sports statistics with impunity.Β 

β€œThe court found it was entirely permissible, as long as an individual party collects its own data, that it is allowed to resell that data,” Edelman said.

But sports leagues sensed an opportunity post-PASPA, and are seeking to convince state legislatures to give them full rights to their data.

All about the Benjamins

β€œA very large part of this is if the leagues are able to gain exclusive rights, they will gain an additional revenue stream,” Edelman said. β€œI don’t doubt there are secondary reasons, including maintenance of control over information that may indeed matter to sports leagues, but the primary driver here is to acquire an additional revenue stream where under normal intellectual property conditions the league would have to compete with third party collectors.”

And while the law isn’t on their side, it’s certainly proving — at least in two states so far — to be worth the ask.

TENNESSEE:

As a June launch approaches, Staples is monitoring a proposed mandate that could require operators to purchase official league data.
(from @MattRybaltowski for @TN_Bets)https://t.co/98tOveYTOR

— Sports Handle (@sports_handle) February 6, 2020

But Edelman cautions state legislatures that by granting exclusive rights, they are going well beyond the law.

β€œA state legislature is allowed to create new intellectual property rights even where such rights do not naturally exist under state or federal law,” he said. β€œSo it certainly would be permissible for, say, the Ohio state legislature to grant intellectual property right over sports statistics to teams and/or leagues that host sporting competitions within the state of Ohio.

“But leaving aside whether it is permissible, it would seem to be very poor public policy to grant an additional intellectual property rights and curtail free market competition for the collection and sale of statistics, especially when numerous court cases have made clear that under traditional doctrines of intellectual property law, sports teams do not enjoy a monopoly over the collection and licensing of their own game statistics.” 

A new push by the leagues

Sports leagues haven’t always been so adamant about their statistics; Edelman points out sports betting has been legal in Nevada since 1961 and the leagues never made peep one about the dissemination of data.

β€œThe concerns that are being addressed by pro sports leagues today are concerns that arise primarily in how to most justly allocate the revenues from the emerging world of sports gambling,” he said.

In short: Things are a lot bigger, and as a result, a lot more potentially lucrative in the sports betting world than they ever have been, and the leagues don’t want to get shut out.

And while Edelman believes the best course of action is state legislatures allowing free market competition, he also recognizes that once the train starts rolling, it’s difficult to stop.

β€œThe pro sports lobby has been very successful in being able to obtain new, special intellectual property rights as a matter of state law,” Edelman said. β€œFor those that oppose state efforts to grant additional intellectual property rights, the best course of action would be to challenge these bills before they are implemented, rather than challenging them after the fact.”

 

ShareTweetShare
Jeff Edelstein

Jeff Edelstein

Jeff is a veteran journalist, working as a columnist for The Trentonian newspaper in Trenton, NJ for a number of years. He's also an avid sports bettor and DFS player. He can be reached at jedelstein@bettercollective.com.

Related Posts

Circa Illinois Waukegan Full House
Features

Circa Sports Gearing Up For Entry Into Illinois Sports Betting Scene

May 19, 2022
nashville street
Industry

SuperBook Enters Tennessee At Its Own Pace, As Always

May 17, 2022
Load More

Top Sportsbooks In Your State

1
WynnBET Sportsbook
Review / 4
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
2
FanDuel Sportsbook
Review / 4.8
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
3
BetMGM Sportsbook
Review / 4.5
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
1
WynnBET Sportsbook
Review / 4
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
2
BetMGM Sportsbook
Review / 4.5
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
3
Caesars Sportsbook
Review / 4.4
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
1
WynnBET Sportsbook
Review / 4
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
2
Caesars Sportsbook
Review / 4.4
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
3
BetMGM Sportsbook
Review / 4.5
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
1
FanDuel Sportsbook
Review / 4.8
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
2
SugarHouse Sportsbook
Review / 4.2
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
1
BetMGM Sportsbook
Review / 4.5
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
2
FanDuel Sportsbook
Review / 4.8
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
1
WynnBET Sportsbook
Review / 4
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
2
Caesars Sportsbook
Review / 4.4
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
3
PointsBet
Review / 4.3
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
1
PointsBet Sportsbook
Review / 4.3
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
2
BetRivers Sportsbook
Review / 4.2
BET NOW
T&Cs ApplyOnly 1x Wager Applies
3
FOX Bet Sportsbook
Review / 4.3
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
1
WynnBET Sportsbook
Review / 4
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
2
PointsBet
Review / 4.3
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
3
Caesars Sportsbook
Review / 4.4
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
1
Caesars Sportsbook
Review / 4.4
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
2
BetMGM Sportsbook
Review / 4.5
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
3
FanDuel Sportsbook
Review / 4.8
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
1
PointsBet Sportsbook
Review / 4.3
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
2
Caesars Sportsbook
Review / 4.4
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
3
BetMGM Sportsbook
Review / 4.5
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
1
SI Sportsbook
Review / 4.1
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
2
WynnBET Sportsbook
Review / 4
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
3
PointsBet
Review / 4.3
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
1
PointsBet Sportsbook Illinois
Review / 4.3
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
2
Caesars Sportsbook
Review / 4.4
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
3
BetMGM Sportsbook
Review / 4.5
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
1
WynnBET Sportsbook
Review / 4
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
2
SI Sportsbook
Review / 4.1
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
3
PointsBet
Review / 4.3
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
1
PointsBet
Review / 4.3
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
2
Caesars Sportsbook
Review / 4.4
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
3
BetMGM Sportsbook
Review / 4.5
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
1
WynnBET Sportsbook
Review / 4
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
2
Caesars Sportsbook
Review / 4.4
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
3
Betfred Sportsbook
Review / 3.8
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
1
Bet99 Sportsbook
Review / 4.7
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
2
Sports Interaction Ontario
Review / 4.2
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
3
bet365 Sportsbook Ontario
Review / 4.5
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
1
Bet99 Sportsbook
Review / 4.7
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
2
Sports Interaction Ontario
Review / 4.2
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
3
bet365 Sportsbook Ontario
Review / 4.5
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
1
Monkey Knife Fight
Rating / 4.5
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.
2
PrizePicks
Rating / 4.2
BET NOW
T&Cs Apply21+. Eligibility restrictions apply. See website for details.

State Sports Betting Guides

Downtown Detroit at twilight (Shutterstock)

Michigan Sports Betting – Where To Play, Online Sportsbooks, And FAQ

by Brett Smiley
May 19, 2022

VA captial

Virginia Sports Betting – Where To Play, Online Sportsbooks And Bonus Offers

by Brett Smiley
March 21, 2021

nj flag

New Jersey Sports Betting — Where To Play, Online Sportsbooks, And FAQ

by Brett Smiley
March 22, 2022

pa online sportsbooks

Pennsylvania Sports Betting – Where To Play, Online Sportsbooks And Bonuses

by Brett Smiley
March 18, 2022

Most Read Stories

mattress mack betting charade

Will Everyone Please Stop Calling β€˜Mattress Mack’ A Sports Bettor?

April 27, 2022
Photo: Jasen Vinlove/USA TODAY

Dave Portnoy Says, ‘F**k That Guy,’ To Which Bettor And Gambling Twitter Seriously Object

May 16, 2022
map-missouri

Missouri Sports Betting Bill Draws Debate, Backlash In Senate

May 5, 2022
golden-gate-bridge-san-francisco

California Tribes Won’t Try For Mobile Proposal On 2022 Ballot

May 10, 2022

Canada Sports Betting Guides

Canada Sports Betting – Legality, Launch Dates, And FAQ

British Columbia Sports Betting – Legal Update, Available Sportsbooks, and FAQ

Ontario Sports Betting – Legal Status And Where To Play

gambling therapy
ncpg
igaming ontario
If you or someone you know has a gambling problem, crisis counseling and referral services can be accessed by calling 1-800-GAMBLER (1-800-426-2537) (IL). Gambling problem? Call 1-800-GAMBLER (NJ/WV/PA/MI), 1-800-9-WITH-IT (IN),Β 1-800-522-4700Β (CO), 1-800-BETS OFF (IA),Β 1-888-532-3500Β (VA) or call/text TN REDLINEΒ 1-800-889-9789Β (TN).
19+. Please play responsibly. Terms and conditions apply.Β 
Individuals must be 19 years of age or older to participate in igaming in Ontario. Gambling can be addictive, please play responsibly. If you, or someone you know, has a gambling problem in Ontario and wants help, please visit ConnexOntario or call their helpline at 1-866-531-2600. Operators on this website operate pursuant to an Operating Agreement with iGaming Ontario.

Search Sports Handle

No Result
View All Result
  • About Us / Contact

No Result
View All Result
  • US Sports Betting
    • Arizona
    • Arkansas
    • Colorado
    • Connecticut
    • Delaware
    • Illinois
    • Indiana
    • Iowa
    • Kansas
    • Louisiana
    • Maine
    • Maryland
    • Michigan
    • Mississippi
    • New Jersey
    • New York
    • Ohio
    • Pennsylvania
    • Tennessee
    • Virginia
    • West Virginia
    • Wyoming
  • Pending States
    • California
    • Florida
    • Georgia
    • Massachusetts
  • Canada
    • Ontario
    • British Columbia
    • Alberta
  • Sportsbooks
    • FanDuel
    • BetMGM
    • Caesars
    • PointsBet
    • BetRivers
  • Tools
    • Sportsbook Bonuses Explained
    • Guide To ‘Risk-Free’ Bets
    • Common Beginner Mistakes
    • Sports Betting Podcasts
    • Expected Value
    • Sports Scores And Odds Apps
    • Sports Betting Twitter
    • Partnership Tracker
  • News

Please share your location to continue.

Check our help guide for more info.

share your location