Michigan may pass a law that kills players' rights to video game revenue

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MLB2K10.jpgThe State of Michigan has a bill winding its way through the legislature that would, if passed into law, allow video game manufacturers to use ballplayers’ names and images in video games without their consent, against their will and without any compensation.

The bill is called “The Right of Publicity Act” (text here) and, as so many laws are these days, it’s rather euphemistically named, because it kind of kills that which it purports to protect.  Specifically, one’s right of publicity, which is a legal concept that deals with the commercial exploitation of one’s name, likeness, voice or personality, and generally keeps companies from slapping famous people’s faces on their products all willy-nilly.

This right is also why those who make video games involving major league sports must get permission from the individual players — or, more commonly, their unions, which have been delegated the rights by individual players — to use names and likenesses.

Why was the centerfielder for the All-Stars named Guy Jose in the old Commodore 64 game “Hardball Baseball”? Because the Accolade video game company didn’t want to pay to use a real ballplayer’s name. It’s the same reason why games that do have some real players’ names and likenesses use a phony names if, say, the real player isn’t a member of the union like the players who crossed the picket line in 1994, or in Barry Bonds’ case due to his refusal to grant the union his publicity rights for such purposes, choosing to go out on his own.

This Michigan bill, however, takes those rights away by specifically exempting video games from right of publicity laws.  This means that if this law passes, a Michigan-based video game manufacturer could, if it were so inclined, put Evan Longoria in its games, slap his face on the cover of the box and sell the thing even if Longoria objected.  And they wouldn’t have to pay him. To be sure, Michigan is only one state, and it isn’t a state that has a booming video game manufacturing industry.  But right of publicity laws are creatures of the states, not the United States Code, and in those cases states tend to copy each other, if not try to outdo each other.

You have to figure that the MLBPA is strongly opposed to this law, but I don’t think you don’t have to be a ballplayer to find this troubling.  People should be able to control how their names and likenesses are used (or not used) in commerce, and for that reason, this law should not be passed.

If this subject motivates you like it motivates me, contact Pam Byrnes, the bill’s sponsor and tell her you think it’s a bunch of baloney.

And if it does pass? Well, at least we can find someone to make a video game with her as the main character. 

Dodgers “trying to trade” Alex Guerrero

Alex Guerrero
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Alex Guerrero is a potentially good right-handed bat without a position to play in Los Angeles, so Ken Rosenthal of FOXSports.com reporting that the Dodgers are “trying to trade” him makes sense.

Guerrero, who signed with the Dodgers out of Cuba for $28 million in October of 2013, spent last season in the majors hitting .233 with 11 homers and a .695 OPS in a part-time role that generated 230 plate appearances. He logged a total of just 355 innings defensively, mostly as a left fielder and third baseman.

Guerrero could be intriguing–particularly to an American League team for whom his defense isn’t much of an issue–because he hit .329 with 15 homers and a 1.113 OPS in 65 games at Triple-A in 2014 and was consistently a .300 hitter with an OPS around 1.000 in Cuba. He’s also 29 years old, so Guerrero is no doubt looking to play regularly.

The New Zealand World Baseball Classic team performs the Haka

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It’s World Baseball Classic time again. Just the qualifying rounds. The actual tournament happens in 2017. Qualifiers will happen in Sydney, Australia, Mexicali, Mexico, Panama City, Panama and Brooklyn, N.Y., periodically, between now and September.

The Sydney round just got underway yesterday, so yes, some actual baseball is going on. As I’ve written and ranted before, the WBC is not my favorite thing that happens in baseball and certainly not the most important thing, but it’s pretty fun. Especially when there are displays of enthusiasm and pageantry and the like.

Such as the Haka, which basically every New Zealand sports team does and which never gets old:

 

Down in Sydney, the Australia, New Zealand, Philippines and South Africa teams are competing in a six-game, modified double-elimination format. In the other three qualifying rounds, Mexico, Czech Republic, Germany, Nicaragua, Colombia, France, Panama, Spain, Brazil, Great Britain, Israel and Pakistan will compete. Each qualifying round puts one representative in the WBC.

Those four qualifiers will compete in the WBC itself against countries that performed well enough in the past that they need not submit to qualifying: Canada, China, Chinese Taipei, Cuba, Dominican Republic, Italy, Japan, Korea, Kingdom of the Netherlands, Puerto Rico, United States and Venezuela.

Someone make sure Jon Morosi is well-hyrdrated. It’s gonna be a long year.

Yovani Gallardo and the Orioles are both “optimistic” about a deal

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Multiple reports Wednesday had the Orioles and free agent right-hander Yovani Gallardo deep in negotiations on a multi-year deal. Nothing has been finalized yet, but Brittany Ghiroli of MLB.com says “both sides appear to be pretty optimistic still.”

Ghiroli adds that the “ball is in the Orioles’ court,” although that may simply reveal her likely source to be Gallardo’s agent. Whatever the case, Baltimore is apparently now willing to forfeit their first-round draft pick to sign Galllardo and he may lead to a domino effect in which they also forfeit a second-round draft pick to sign outfielder Dexter Fowler.

The idea being that if you’re going to cough up the 14th overall pick to sign a mid-level free agent with spring training right around the corner you might as well cough up a lower draft pick to sign a second one. Gallardo has shown signs of decline, including a big dip in strikeout rate, but he logged 184 innings with a 3.42 ERA for the Rangers last season.

Chipper Jones says the Mets are his pick to “go all the way”

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Chipper Jones may believe some weird things but he’s pretty savvy and clear-eyed when it comes to analyzing baseball.

Remember back in 2013 how he picked the Dodgers to beat the Braves in the NLDS? And how, because of his perceived “disloyalty,” Braves players had an immature little temper tantrum and refused to catch his ceremonial first pitch? Yeah, that was a great look. If I was more inclined to the hokey and irrational, I’d say that created “The Curse of Chipper” and that it condemned the Braves to two straight years of sucking. Hey, people have built careers on curses sillier than that.

Anyway, kudos to Chipper for apparently not giving a crap about that sort of thing and, instead, saying what he thinks about baseball. Stuff like how he thinks the Mets are going to win it all, saying “They’re really setting the bar and they’re my early-season pick to probably go all the way.”

Keeping in mind that anything can happen in baseball, it’s as good a pick as any other I reckon. Even if it means he has to say that the team who was his greatest rival during his playing career — and whom he thoroughly owned during that time — is better than the one that pays his salary now. Or any other one.