clussman
Message Board Junkie
Joined: 19 Jul 2006
Posts: 2822
Location: Austin, TX
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 Posted: Tue Sep 05, 2006 1:54 am Post subject: |
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| number1stunna4 wrote: |
| So guys, before we r so quick to support these pros and bash daniel negreanu for his opinion, look how this lawsuit even effects us. |
So you're basing your opinion on the worth of the lawsuit on whether or not it affects you negatively as opposed to the merits of the suit?
Andy talks about the suit and compares the WPT release to many other releases out there:
http://www.andybloch.com/gl/pub/article.php?story=20060112005329878
http://www.andybloch.com/gl/pub/article.php?story=20051212152037696
The second article discusses the WPT release in particular, with the nasty part excerpted. My favorite was the "throughout the universe" at the very end. That's just funny stuff -- if you're not signing it. Excerpt:
| WPT Release wrote: |
| Player consents to such filming and exploitation of the Programs, and hereby irrevocably grants to WPT the right to film, record, edit, reproduce and otherwise use Player's name, photograph, likeness, signature, biographical information, appearance, actions (including, without limitation, revealing Player's hole cards), conversations (including, without limitation, “behind the scenes” footage and filmed interviews with Player) and/or voice (the “Recordings”) in, and in connection with, the Programs and/or the “World Poker Tour” and in connection with the distribution, advertising, publicizing, exhibition, and exploitation thereof and of other audio-visual works (including, without limitation, “behind the scenes” productions and public service announcements) and any and all derivative, allied, subsidiary and/or ancillary uses related thereto (including, without limitation, merchandising, commercial tie-ins, publications, home entertainment, video games, commodities, etc.), in whole or in part, by any and all means, media, devices, processes and technology now or hereafter known or devised in perpetuity throughout the universe. |
For the record, just because Daniel Negreanu says the WSOP release is worse, that doesn't make it true. I like Daniel. He's probably my favorite pro. But he's wrong. Here is the relevant part of the WSOP release (also from Andy's site):
| WSOP Release wrote: |
| In consideration of my being permitted to participate in said promotion, I do hereby accept and irrevocably authorize Showboat Casino Hotel and its successors and assigns (including but not limited to ESPN) to print, publish, televise or otherwise utilize my photograph or any likeness of me for promotional purposes without compensation. |
Yeah, that's a lot worse.
They have a legitimate case to be made with regards to the releases. I expect the rest of the lawsuit to get tossed. It's real easy to demonstrate the potential harm here. Say a player wants to sign an exclusive licensing deal with a video game company. Well, they can't. Thanks to the WPT release they have no exclusivity. They could sign anyway and roll the dice, only now the WPT can really **** them. If the WPT decided to compete in the same market, in this case by releasing a video game, the player would be in violation of the exclusivity clause and could be sued by the video game company for breach of contract. The WPT is establishing a de facto monopoly on poker licensing rights to the detriment of the players and the poker industry as a whole. |
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