Something with the right to use the players game, you know more, suw?
7 players got together and filed a lawsuit against the WPT for violating anti-trust laws. They claim the WPT is anti-competitive because they make casino's sign exclusive deals where they may not host any other poker sponsered poker tournaments if they wish to host WPT events. Apparently these 7 players seem to think the only casinos in the world are the ones the WPT has exclusive deals with. In reality there are hundreds of casino's world wide that are not affiliated with the WPT and are free to host poker tournaments sponsered by other COMPETING poker companies.
These players are also upset because they must sign a release granting the WPT permission to use their likeness in WPT programing and promotion. It is a pretty standard thing and ANY time you see a non SAG member on television they have signed a similar release. The greedy players that filed the suit are upset because they believe their likeness is worth something and they should be paid by the WPT for them appearing on television.
Somehow these 7 players fogot that prior to the WPT they only had the chance to play for million dollar jackpots in the main event of the WSOP ONCE A YEAR. Their greed has deluded them into thinking they are entitled to play the MULTITUDE OF MILLION DOLLAR EVENTS hosted by the WPT each year.
The WPT is largly responsible for the explosion of poker in america. Prior to the WPT televised poker was an obscure thing. In the wake of the WPT's sucess televised poker has become a MAINSTREAM STAPLE. But these 7 players apparently think the WPT should not be allowed to profit and they should just donate all the expensive equipment and the hundreds of man hours that go into producing a single hour of televised poker so they can PAY THE PLAYERS TO USE THEIR IMAGE.
It is a thouroughly rediculous lawsuit that they have little to no chance to win. Image release forms are a STANDARD AND REQUIRED part of the television industry. Asking players to sign release forms for their image is not anti competitive as it is REQUIRED of all television shows that use non SAG members. Exclusive business relationships are a standard practice in america that generally benefits BOTH parties involved. The WPT does NOT have a lock on all casino's so any COMPETING company has a wide range of casino's that they may broadcast from. The exclusive casino deals are standard business arangements that do not impeed anybody ability to deal with the NUMEROUS casino's NOT affiliated with the WPT. The fact that the WPT does not solicit the casinos and the casino's solicit the WPT is a very damaging nail in the coffin as well.
If you want to read about it there is a website at... http://www.wptlawsuit.com/
BTW
the players are making a big deal about the fact that they are paying for the lawyers themselves. What they are NOT making a big deal out of is the fact that they are paying the lawyers with the big money they have earned in the last few years THANKS TO the WPT's promotion of poker in general. 3 years ago none of thes players made enough money to finance this lawsuit and the ONLY reason they have the money today is because televised poker like the WPT has made the game profitable enough for them to make small fortunes.
Assumably they were happier before the flood of money came into poker. They were happer when poker rooms were closing down for lack of interest and lack of profit. The fact that the WPT turned that around and the fact that the WPT's promotion of poker has resulted in a poker room in virtually every casino has escaped these clueless greedmongers notice.
UHHH, those tournaments did not exist before the WPT. They are WPT events.
This is one of the points I am trying to impress. Before the WPT the ONLY big tournaments were the games in the WSOP. Now thanks to the WPT there are dozens of these tournaments each year. Even the big events that are not WPT or WSOP events are only here now because the WPT popularized poker so much.
If not for the WPT these guys would have ONE MONTH out of the year where there are big stakes tournaments they can play in and if you look back before 2001 when the WPT the stakes at the WSOP were nowhere neer where they are today. Players used to abandon WSOP ME seats for more lucrative cash games.
The WPT has brought TREMENDOUS money to poker by popularizing it and each and every one of those 7 people have benefitted GREATLY from it. They all make great livings because poker is on TV. Their valuable 'image' that they are supposedly trying to protect is only worth something because poker is on TV. The rules of TV require that the show producers have signed release forms from all on screen participants so it would seem the sorry 7 actually has a problem with the regulations of the FCC but somehow have come to believe the WPT is at fault.
They want all the benefits of poker on TV but don't want any of the regulations. Sorry but you don't get to have your cake and eat it too every time. the MILLIONS of dollars that they make where there was only thousands before should be more than ample compensation for the inconvenience of not being in complete control of an image that would otherwise be worthless.
On one side is the WPT with a lot of common sense and basic reasoning behind them.
On the other side are 7 players that are basing their allegations on wild outlandish scenarios such as the possibility of the WPT advertising them in a negative way. That makes a lot of sense because we all know negative advertising works way better than highlighting the positives.
The WPT has been collecting these release forms for several years and they have never tried to defame anybody with the rights they hold as a result. They have already demonstrated YEARS of integrity. Why would they start now?
peace out,
dumwaldo
The first Five Diamond World Poker Classic was held in december of 2002 at the Bellagio and it was filmed and used as the very first episode of the WPT's televised programming. Erick Lindgren won and took down $228,192 and a $15,000 seat for the Five Star World Poker Classic as well as entry to a WPT invitational.
All one has to do is look at the bellagios website to figure this one out. http://www.bellagio.com/pages/gaming_poker_fivediamond_06.asp
the 5th annual event is being held in december of 06'
dec 05' = 4th
dec 04' = 3rd
dec 03' = 2nd
dec 02 = the first five diamond world poker classic - the same one that was filmed and used as the first episode of WPT that aired in march of 2003.
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The world poker finals does predate the WPT but take a look at the purse since the WPT has become involved. when the WPF started in 1992 there was less than $900,000 in the prize pool for all 42 the events put together.
The biggest games drew less than 150 players and the buy in for the main event was a paltry $25.
For the next decade the WPF grew slowly. It took the entire decade for the prize pool to double to 1.9 million dollars. Then in 2002 the WPT got involved and in one years time the prize pool grew the equivilant of a decade of growth. The first year the WPT got involved in the event the prize pool soared a cool million dollars higher than just one year before. By 2004 the prize pool grew to over 10 million dollars. In 2005 the main event winner alone won over 2 million dollars. That is more than the ENTIRE EVENTS prize pool in 2001, the year before the WPT got involved.
The game was nothing before the WPT got involved. Sure it existed but the callibre of games offered was equivilant to the daily tournament offered in just about every casino in america now. I have played sunday afternoon tournaments at the tropicanana in atlantic city that were bigger than the 2001 WPF main event.
I don't hear them complaining the prize pools are to big. I just hear them complaining they want more. Its disgusting in my opinion and if the WPT had not come along none of them would be the MILLIONAIRS or the CELEBRITIES they are today. Do they share the money from their books that fly off the shelves because the WPT popularized poker enough to make them celebrities to the point people would buy their books? This lawsuit is plain and simple biting the hand that feeds them because they want more food.
peace,
dumwaldo
They had to sign releases to play these games every time. Those are television tournaments and I am sure the WPT has never done television shows without image release forms since it is a legal requirement when showing a non screen actors guild member on television.
The image that was unknown till the WPT made celebrities out of poker players?
The top shelf tournaments that didn't exist before the WPT?
Television is the reason these guys are millionairs. If not for television and the WPT these guys would still be playing back room games and the ONLY tornaments with payouts over $100,000 would be once a year at the WSOP.
These guys have made FORTUNES on the back of the WPT and now they have the audacity to bite the hand that fed them and cry foul because the fame and fortune the WPT enabled them to claim is not enough and the greedy PIGS that filed the lawsuit want more.
Bottom line, without the WPT's impact on poker all 7 of them would be nothing. They forgot where they came from and why they have been able to make more money in the last 4 years than they did in their entire lives prior to the WPT. The pay out of a single WPT tournament today is more than Doyle Brunson earned in his entire tournament poker career prior to the WPT being created.
BTW
the olny option the WPT would have for a player refusing to sign the release would be to place a blur box over them if they make the final TELEVISION table. They are not legally allowed to show a non SAG member without having a signed release. How stupid would the WPT look if they had to blur out a player because that player mistakenly thinks they are such a gift to poker they should be paid to appear on TV, WINNING MORE MONEY THAN THEY EVER DID WITHOUT THE WPT.
So why does the complaint state they have to give up intellectual property rights without compensation?
And why are the seeking an award for damages?
this is a direct quote from the CURRENT standard WPT television release form and not the one from 2005 that the players chose to include with their complaint....
Notwithstanding the foregoing, WPT will not have the right to create avatars of Player in a video game without Player's written consent.
This language has been part of the release since at least January of 2006.
I think you are misunderstanding something. The WPT can NOT create a character in a game using the players likeness and name. What they can use is whatever was collected during that specific WPT event. So they can't create a game with chris furgeson as a character but they could create a game that includes some of their video footage with chris in it. All they are stating is that they own the content they create during the event and they hold sole control over its use without limitation. For instance if a WPT photographer takes a picture of Annie Duke then it is the WPT's property not Annie Dukes property. That seems very reasonable to me.
The WPT can not feign a players support when the do not have it. The release form does not grant them that permission and it never did.
There are dozens of pro's that are as well respected or more respected than these 5. What does this have to do with the merit of their allegations? Respected people can be wrong too.
peace,
dumwaldo
BTW
Here is an enlightening point. The plaintif's in the case are seeking 9 different things. Of those 9 things that they are asking the court for FIVE OF THEM are money for themselves.
Dumwaldo has made a convincing and factually correct assessment of the situation. If you want to hear a pro talk about this, go to Daniel Negreanu's blog. Greg Raymer is a chode for what he said about Danny without provocation.
For seven pros to say they are speaking on behalf of the entire poker community without ever consulting anyone but themselves is inherently wrong and absurd. They won't win this lawsuit thankfully.
The WSOP, US Poker challenge and every piece of televised poker has the WPT to thank. All the pros that are now endorsed and selling merchandise after getting the spotlight from the WPT owes their new success and stardom to the WPT. How quickly they forget that they were nobody before appearing at the final table on a WPT.
Suddenly, the WSOP becomes a hit immediately after the WPT is a raving success. Honestly, how many of you were glued to your computer monitors or flying to vegas to see Robert Varkoni take down the ME? None of you, you didn't hear of the amateur winning the WSOP because you were out at the pool or on vacation, the last thing you were interested in was the WSOP ME.
It will be a sad day when the WPT loses credit for single handedly accelerating poker's popularity in a way no one had dared to try before. It took guts to pitch televised poker as something that could hold america's interest with the paltry ratings of the WSOP on ESPN. They gambled and hit a home run, now the vultures are circling trying to tarnish a great enterprise out of nothing but totalitarian greed.
Shame on Raymer, shame on the others.
Daniel Negreanu's blog:
Waldo, most every tournament on the WPT existed before the WPT came to television. As I said in a previous post, Mike Sexton won the first World Poker Finals at Foxwoods. How could he have done that if he isnt allowed to play on WPT events? Needless to say, they werent as big as they are now, but they still existed.
The only ones I am fairly certain did not exist pre-WPT is the Aruba event, the Caribbean event, and the LHE on a cruise ship tournament because they are sponsored by poker websites.
I think that the WPT still is a big factor in the growth of the USPC though. It has grown because poker has grown, and the WPT has played a big part in making poker as popular as it is today.
Just finished reading Howard's blog. Kind of vague but it doesn't seem unreasonable considering the conflicts the WPT agreement may have with other vendors that the pros have business relationships with but who knows? Two sides to each story.
I don't think that you can attribute all of these tournaments success to the WPT. For example, the US poker championship has seen similar growth to that of the WPT, but isn't part of either the WPT or the WSOP.
It would be extremly cool to have 5 players name and faces showing on the tv and one blurred and the name all ??? then when your watchin, who da **** is that man or woman?
And let's not forget that Andy Bloch is an attorney (or at least completed law school).
dam Waldo, you are on top of your game bro. Excellent work on this thread...very informative.
I respect Daniel Negreanu as a poker player, but not as a legal authority. Barry Greenstein said he can see both sides of the issue.
I have a problem with a non-elected minority of 7 claiming to speak for the entire poker community when they clearly do not.
Sooooo, Waldo.....I'm beginning to sense you're not a supporter of the suing seven?
Well, one of their main beefs is that they used to play in these tournaments in anyway[Five Diamond World Poker Classic, World Poker Finals(Mike Sexton won the first one)], but now they have to sign away their image to play in these top-shelf tournaments.
Same with Greg Raymer.
There is where you are wrong. Before the WPT, these were not television tournaments, so they didn't have to sign release forms.
thanks for the info!
and by that, you mean, you share my opinion and i value my opinion to be more correct than anybody else who disagrees with me.
that's why they are suing
oky, seems like strange that the could force a player cause he plays in that tourney
Mr Robin hood, dont give a damn, why, he is still gonna give it all away to charity
WSOP, i have seen the most of them sence 1973=) just awfall the first 20 years
Do you respect any one of those pros more than you respect Daniel Negreanu? How about Barry Greenstein?
Why did you quote my post? It has almost nothign to do with yours
Hehe, Waldo, how do you get this kind of info!
Topic was discussed six weeks ago...
lol
NO, but I do believe these 7 people are being used by a law firm that saw an opportunity to make money. The law firm will get paid win or lose so they have every reason to encourage a frivilous lawsuit.
The stupd 7 should ask the lawyer to return any monies already paid and take the case on contingency and see what happens.
See, don thinks its a good idea. I think that pretty much proves to everybody else on the forum that it is just plain stupid.