First and a Virtual Ten Yards: Fantasy Football's Contest Over Publicly Available Sports Statistics, Forum Selection, and the Dash to the Courthouse

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2009

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(7 Willamette Sports L.J. 19 (2009)). This article considers litigation relating to a lawsuit by a fantasy football site operator and the National Football League Players Association (NFLPA). The NFLPA demanded that the site operator pay the Players Association license fees for publicly available statistics. The article focuses on the venue, arguing that the outcome of the case would depend on what federal circuit it is heard in, and considers whether the site operator engaged in forum-shopping. It also considers the effect of the first-to-file rule, and 28 U.S.C. §1404, which discourages forum-shopping. In passing, the article explains how fantasy league teams work, and how profitable they are for site operators.

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