Major League Baseball vs. Free Speech

I've always loved baseball, perhaps it's because I played it so much as a child, or because it's arrival coincides with the beginning of spring. In any case it's one of the few sports I can really get into, and after this years spending spree by the Blue Jays, I was really looking forward to the start of the season on April 4.

However, a dark cloud has arisen. In a move that would make even the recording industry blush, MLB has filed suit claiming that the names and statistics of it's players are intellectual property and cannot be used without their permission and without paying fees to MLB.

Now, in this particular case, the argument is over fantasy baseball. There are people out there making money off of running fantasy baseball leagues and MLB wants a cut of the pie. Regardless of the merits of that particular argument. A win in this case by MLB would set a dangerous precedent. Claiming that the names and numbers associated with any company are intellectual property could irrevocably harm a free press.

Imagine if newspapers had to pay royalties to Major League Baseball, or the NHL to publish statistics. Now imagine if the names and numbers associated with Wal-Mart Inc., or Toronto Hydro, or Alliance Atlantis fell under the same protection. Imagine if you couldn't write a movie review or report on business matters without having to obtain the permission of, and pay royalties to the companies involved. Any private company, their officers, employees or products would be essentially off limits to the media - except by permission, and you can be sure that that permission would be withheld if there was a risk of anything negative, or unflattering coming forward.

This may seem a bit of a stretch, but the current MLB suit is the first step down a slippery slope. Intellectual property certainly needs no more protection or revenue streams than it already has.