DraftKings, FanDuel Victory In Indiana Supreme Court Has Sports Betting Implications
The Indiana Supreme Court on Wednesday issued a decision in favor of DraftKings and FanDuel in a case brought by three former collegiate football players, who argued that the daily fantasy sports operators violated the players’ “right of publicity” under Indiana law.
Indiana’s highest court found that the DFS operators (and now sportsbook operators in some states) committed no such violation, because their use of player data, statistics and names falls within an exception to the rule, because that information falls within the meaning of “material that has newsworthy value,” the court writes. It made no difference that DraftKings and FanDuel were using the stats and information commercially — in contests requiring entry fees and awarding cash prizes.
The court made it clear they were answering only a limited question based on the set of facts presented. That said, the net effect of this ruling, which leaned on precedent from the Eighth Circuit Court of Appeals, may streak into the national conversation about data within the context of legal sports wagering.