W(h)ither Newspapers—and Their Cities?

Newspapers have long been an important part of my life. Whether it was, if returning home from downtown Chicago with my mother in the 1970s, the effort to ensure that we secured for my father the “final markets” edition of that day’s Chicago Daily News (not merely the “latest markets,” I was taught to discriminate), or reading the New York Times in the 1980s while off in college and getting a broader sense of the world, or in the 1990s moving to Milwaukee and coming to know my adoptive city in part through its paper (regrettably, after it had become a one-newspaper town), newspapers have been for me, as for so many others, more than even the primary source of news. That remains the case, even if we are “reduced” at home to taking the Milwaukee Journal Sentinel and the Chicago Tribune.

Today of course the internet offers both access to far more newspapers than even an out-of-town newsstand (to use an almost anachronistic term) and a threat to their viability, it seems. I wonder what the effect of this will be on our own region.

While I have been wondering about this for a while (or at least since Doonesbury was recently removed from the Milwaukee Journal Sentinel, presumably for expense reasons), an essay in the most recent New Yorker by James Surowiecki particularly prompts this post.

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Who Owns the Rights to Fantasy League Games?

Many sports fans play fantasy baseball or football games.  Should the operators of on-line fantasy games, which generate millions of dollars in annual revenues, have to pay a licensing fee to Major League Baseball, the NFL, and/or their players for using game statistics and player names?  For example, does the unauthorized use of Brett Favre’s name and statistics in a for-profit NFL fantasy football game violate his right of publicity?

In my recently published article, A Triple Play For The Public Domain: From Delaware Lottery to Motorola to C.B.C., 11 Chapman L. Rev. 569 (2008), I argue: 

The creation of a collateral product incorporating merely public domain information about a sports event or athletes’ performances, including fantasy league games, is not (and should not be) infringing — absent copyright or patent infringement in violation of federal law, or a likelihood of consumer confusion regarding its origin, endorsement, or sponsorship in violation of the Lanham Act.

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Seventh Circuit Week in Review: Limiting the Reach of the Adam Walsh Act (a Little)

The Seventh Circuit had two new opinions in criminal cases this week.  The first, United States v. Sims (No. 07-3798), presented a routine Fourth Amendment issue, with the court upholding a challenged search warrant over the defendant’s objection that police officers failed to disclose important information when they obtained the warrant.

The more notable case of the two was United States v. Dixon (No. 08-1438), which considered the sex offender registration provisions of the Adam Walsh Act.  Passed in 2006, the Walsh Act did not invent sex offender registration (which was first done at the state level), but it did substantially increase federal regulation in the area.  Among the most controversial (and heavily litigated) features of the Walsh Act has been its creation of a new federal crime for sex offenders who cross state lines and fail to register in the new state.  Concerns focus on the retroactive reach of the new law, with some cases indicating that offenders can be punished on the basis of interstate travel that occurred prior to the statute’s enactment.

In Dixon, the Seventh Circuit took its turn grappling with the retroactivity issues.

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