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. 

Mets trade Curtis Granderson to the Dodgers

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The Mets traded centerfielder Curtis Granderson to the Dodgers for cash considerations or a player to be named later, the teams announced late Friday night. Granderson was rumored to be drawing interest from teams earlier in the week, and found a landing place after slashing .256/.360/.721 since the start of the month. In a corresponding move, the Dodgers designated right-hander Dylan Floro for assignment to clear roster space for the outfielder.

As a whole, the 36-year-old’s 2017 campaign has been a tad underwhelming. Granderson entered Saturday batting .228/.334/.481 with 19 home runs and an .815 OPS through 395 PA, and accrued 1.7 fWAR to the 5.1 fWAR he produced during his pennant-winning, MVP-contending season in 2015. Still, with under $4 million remaining on his contract, another 20+ homer season around the corner and the defensive chops to man center field, it looks like a prudent deal for the Dodgers as they continue to bulldoze their way to the playoffs this fall.

The club has yet to outline their plans for Granderson, but his addition to a crowded outfield could displace centerfielder Joc Pederson, who turned in a meager .214/.329/.415 batting line through 292 PA in 2017. It could also have ramifications for fellow veteran Andre Ethier, assuming he’s healthy enough to compete for a starting role when he comes off the 60-day disabled list in September. The Mets, meanwhile, are expected to lean more heavily on rookie outfielder Brandon Nimmo, who’s made just five starts this season after struggling to get consistent playing time on the field.

Corey Kluber exits game with right ankle sprain

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Indians’ right-hander Corey Kluber was removed from the sixth inning of his start on Friday night, bringing a streak of 14 starts with 8+ strikeouts to an unfortunate end after he sprained his right ankle. Kluber stumbled off the mound while trying to field a base hit from Eric Hosmer and was seen visibly limping as he moved to cover first base. He was allowed to stay in the game for one more batter, but quickly yielded a three-pitch single to Melky Cabrera and left the mound with head athletic trainer James Quinlan.

It was a poor ending to another strong outing by the right-hander, who delivered 5 1/3 innings of one-run, four-strikeout ball and took his 12th win of the season after the Indians amassed a nine-run lead. Postgame comments by Cleveland skipper Terry Francona suggest that Kluber isn’t facing a serious setback after sustaining the sprain, however, and might even be good to go by the time his next start comes around on Wednesday.

While the Royals escaped Friday’s loss without injury, the 10-1 drubbing pushed them 6.5 games back of the division lead and half a game behind the Twins and Angels for the second AL wild card berth. They’ll host a rematch on Saturday at 7:15 ET, with left-hander Jason Vargas set to face off against Indians’ righty Trevor Bauer.