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NEWS 25 October 2018

Indiana rules in favour of DraftKings and FanDuel against college footballers

By Tim Poole

The Indiana Supreme Court has ruled in favour of DraftKings and FanDuel in a case relating to football players' "right of publicity."

It was argued by three former collegiate footballers that the operators violated their right of publicity by using their names and playing statistics.

However, Indiana’s highest court found in favour of DraftKings and FanDuel as their use of player data, statistics and names represented "material that has newsworthy value."

The Court ruled it would be "strange" for the operators not to have a "first amendment right to use information available to everyone," comparing it to information in newspapers and websites across the US.

Notably, the fact DraftKings and FanDuel used the data for commercial purposes did not affect the Court’s decision.

FanDuel may be facing another court case soon, after William Hill US filed a lawsuit against the operator for duplicating its “how to bet” guide.  

RELATED TAGS: Legal & Regulatory
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