The lists are starting to roll in.  Check out Pogo's Chronicles of Dissent: Top Ten Privacy Breaches of 2007, and Threat Level's look at the year 2007  from a privacy/security perspective.  The Metropolitan Counsel provides us with the Advertising, Marketing And Promotions Law Year In Review,   and the USPTO Announces it's year end results, touting "historic improvement in the quality of patent and trademark reviews and subsequently the quality of issued patents and registered trademarks."  Euclid Managers offers its Predictions for 2008 Security Threats, PatentlyO offers Ten Ways to Spend your Holiday Bonus (I got the Nuvi), the TTAB Blog reports that the Leo Stoller Blog Has Returned, and Chevy Chase reports that Generalissimo Francisco Franco is Still Dead. 

Happy Holidays, and Best Wishes for a prosperous 2008 from the TechKnowledgy Blog!

On October 16, 2007, the Eighth Circuit ruled that the First Amendment protected the use of player names and statistics on fantasy baseball sites established by C.B.C. Distribution and Marketing, Inc.    C.B.C.  brought a declaratory judgement action against Major League Baseball Advanced Media, L.P. to permit the unlicensed use of names and statistics of major league baseball players in connection with fantasy baseball products available on-line.   The district court granted summary judgment in favor of C.B.C and the Eighth Circuit Court of Appeals completed the sweep by affirming the district court in C.B.C. Distribution and Marketing Inc., v.  Major League Baseball Advanced Media, L.P.

 In affirming the district court, the 8th Circuit seemed to espouse the broader proposition that the use of information in the public domain is protected by the First Amendment.  "First, the information used in CBC's fantasy baseball games is all readily available in the public domain, and it would be strange law that a person would not have a first amendment right to use information that is available to everyone."    The court also countered arguments that the use of statistics wasn't speech at all.  One particularly interesting argument by the Court related to the protection of economic interests under the right of publicity,  stating that "major league baseball players are rewarded, and handsomely, too, for their participation in games and can earn additional large sums from endorsements and sponsorship arrangements."  Sounds like the court followed the Red Sox media hyped romp through the playoffs to the exclusion of the 8th Circuit's own small market Kansas City Royals team.    (Image licensed from Jeffrey Beall under Creative Commons)

The Appellate Court of Illinois recently denied a motion to dismiss filed by the online stock photo company Corbis, effectively preserving claims that Corbis violated Jame's Browns right of publicity by offereing to license photos of the the late singer.  The decision is here.  The case is interesting, because presumably there would be some uses of the photos that would not violate Brown's right of publicity, for fair use or first amendment reasons. Corbis would presumably license the photos to anyone who would pay the fee, and note that the photo comes without a publicity release, leaving it up to the licensee to use the photo in a lawful manner.  Nonetheless, the court is willing to entertain the claim that Corbis, by offering to license the photos, is thereby engaging in some commercial activity for which it may need the permission or consent of The Godfather of Soul.  Internet Cases has a good summary of the case.