[PairTheBoard]

I think Greg should apologize to Daniel for this line,

FossilMan said, "Daniel is out, glad to say"

I think that's what really hurt Daniel's feelings. Friends can disagree about the lawsuit but they don't root for each other to fail in the tournament. It probably stung especially bad considering how how Daniel must have felt right after being knocked out of the big one.

Daniel's hurt feelings were evident in his immediate response when he lashed out in a post he quickly deleted. Daniel should apologize to Greg for that post - which I find so disrepectful to Raymer I don't care to repeat it here.

Daniel had said that if there is any evidence of the WPT abusing their Rights he will reconsider his opinion on the lawsuit. It looks to me like such evidence is being presented in sections 57 and 58 of the Complaint.

From the Complaint:
===================

57. For example, WPTE markets the "World Poker Tour" video game which competes with, among other things, the "World Championship Poker" line of video games co-Plaintiffs Howard Lederer, Annie Duke and Greg Raymer each have licensed to Crave Entertainment, Inc - which manufactures and sells the "World Championship Poker" video games - the exclusive right to use their names, likenesses, images in conjunction with Crave video games. WPTE, however, upon information and belief, has used video footage of Messrs. Lederer and Raymer and Ms Duke playing in the WPT tournament as part of its "World Poker Tour" video game. The co-Plaintiffs were never notified by WPTE of this fact, nor did they receive any compensation for WPTE's coercive use of their intellectual property rights.

58. Another example is provided by WPTE's exploitation of the intellectual property rights of co-Plaintiff Phil Gordon, who is the founder and Chief Executive Officer of Expert Insight, a company which markets instructional poker DVD's and books among other things. In connection with Expert Insight, Mr. Gordon and co-Plaintiff Andrew Bloch run the "Las Vegas Academy" poker fantasy camp, where interested poker and blackjack players can pay for instruction from Messrs. Gordon and Bloch. WPTE runs its own poker fantasy camp - "World Poker Tour Boot Camp" - which is a head-to-head competitor with the Las Vegas Academy. Upon information and belief, WPTE has used video footage of Mr. Gordon playing in WPT tournaments - without his prior knowledge or any compensation - to promote its World Poker Tour Boot Camp.

=====================

I really can't see why WPTE should be granted such Broad Rights to Player names and Images that go beyond promotion of the actual Tournament Production. Technically, I don't think they should even have the right to a player's name and image to promote a show unless he is actually in that particular Tournament. I hope the Court agrees and limits them to that venue. If they want a player to help them promote one of their other products then they should have to negotiate with that player just like everybody else. Can you imagine the NBA selling basketballs signed by Michael Jordon and not having to pay him?

btw, The WPT is doing better financially than has been reported on this thread. From the News Archives at Card Player:

"World Poker Tour Enterprises (WPTE) has turned a profit of $2.6 million in this year’s second financial quarter. In the same quarter last year, the company lost $0.4 million.

Revenues increased because WPTE delivered 10 episodes of the WPT and nine episodes of its new show, the Professional Poker Tour, this quarter. WPTE delivered eight episodes of the WPT the same quarter last year and no episodes of PPT last year. The PPT began airing on the Travel Channel in July.

WPTE lost $1.4 million in Q4 of last year and $5 million for all of 2005. In the first quarter of this year, the company made $3.6 million"

Looks like the WPT is up $6.2 million so far this year.



I really don't see the Downside that Daniel is worried about. He says that the issue of the Online Sites will get dragged into the case. I think Raymer claimed it won't. I don't see why it shouldn't. WPT wants to promote its own site and the players certainly can't afford to let go of their intellectual property rights in that area. That's really the big enchillada. So bring it. This is a Civil Case. It's not up to a Civil Court to get involved with whatever the Senate might be up to in their deliberations over the online gambling bill. As far as exposure goes, I think everybody knows about the online sites already.


I will copy this post at Daniel's FCP site.


PairTheBoard