Daily fantasy sports are becoming bigger in the current day of gambling and sports crossovers, and 2 of the biggest US companies are celebrating after beating down a risen lawsuit from the NCAAF.
DraftKings and Fanduel won a $5m lawsuit that was put to them by 3 college football players – with the cause in the case being their player likeliness in their daily fantasy sports games.
The 3 players filed the lawsuit back in 2016 saying that players involved in the fantasy games directly matched and portrayed their player profiles with use of names and player likeliness in an unlawful manner.
Akeem Daniels, Cameron Stingily, and Nicholas Stoner (as pictured) said that they were left feeling violated and that the actions from the companies were in breach on the players’ right of publicity under Indiana state law.
On the opposite side, with DK and Fanduel, they put forward their own case the use of the players’ likeliness was exempt from the regulatory laws within the state of Indiana and that they had protection and cover under the First Amendment and that the US copyright law also offered defense against liability for the usage.
Both sides have great grounds for defence and offence (no pun intended), but in the end there has to be a winning “side”, which turned out to be the fantasy sports powerhouses, even though the admittance of victory to the opposition was reported by Indiana state judge, Tanya Pratt, it wasn’t exactly a wholly subtle nor agreeable deliverance of judgement.
“The Court has determined that at least two of the statutory exceptions to Ind. Code § 32- 36-1-8(a) apply, which removes Defendants conduct from coverage under Indiana’s right of publicity statute“
“For the reasons explained in this Entry, the Defendants’ Motions to Dismiss, (Filing No. 26; Filing No. 28), are granted and Plaintiffs’ Motion for Leave to File Surreply (Filing No. 60) is denied as moot.”
DraftKings, Inc. is the world’s leading skill-based Daily Fantasy Sports (DFS) platform that allows fans in North America and the UK to compete in single-day, online fantasy sports contests across the largest variety of professional sports. DraftKings’ premier web-based and mobile technology bring a more engaging interactive experience and daily excitement to the pastime of fantasy sports.
FanDuel is a web-based fantasy sports game and with 6 million registered users. FanDuel is the second largest daily fantasy sports company (as measured by entry fees and user base) in the daily fantasy sports industry. The model consists of traditional season-long fantasy sports leagues being compressed into a free and/or paid daily, and occasionally weekly, a game of skill.
As of April 2016, most U.S. states consider fantasy sports (including daily fantasy sports) a game of skill.
In November 2016 FanDuel and DraftKings, the two largest companies in the daily fantasy sports industry reached an agreement to merge. However, the merger was terminated in July 2017 due to it being blocked by the Federal Trade Commission as the combined company would control a 90 percent market share.