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Flo’s lawsuit against Willie and Rokfin

How do you claim that rankings are IP? Those rankings that Willie did are simply his opinion. I am no lawyer but how can a company own the rights to the opinion of a person? I don't even like Willie but I see no reason why he can't take his opinion on who is the best at each weight class to another outlet. That seems insane to me. I also hate non-compete clauses.
Flo isn't alleging infringement so the issue of copyrightability isn't in play, at least yet. But your suspicions about the copyrightability of rankings is well-founded because rankings and ratings do exist in a copyright grey zone.

The baseline requirement for all copyright worked is "originality," which theory rejects the mechanical arrangements of facts, such as a phone book. However, in Eckes v Card Prices Update, the second circuit recognized lists of baseball card prices as copyrightable as a compilation--the arrangement of facts based on the ranker's opinions contained sufficient originality. If a court can point to some minimal degree of creativity in the ranking process, it tends to meet the originality requirement. Ratings that merely arrangements of facts governed by some predetermined metric probably don't contain sufficient originality to qualify for copyright protection.
 
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... a) The repeated claim that Willie was violating his NDA (and possibly other company policies) while he was still employed by Flo ...
Was it Willie who disclosed the existence of the bathroom bandit? That was a trade secret. BOOM! :)
 
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How do you claim that rankings are IP? Those rankings that Willie did are simply his opinion. I am no lawyer but how can a company own the rights to the opinion of a person? I don't even like Willie but I see no reason why he can't take his opinion on who is the best at each weight class to another outlet. That seems insane to me. I also hate non-compete clauses.
Take a step back, and it's just words on paper, a long way from being settled. Case law, and the work done by paralegals, legal assistants, and the like, will set the stage for what happens in court, or a private setting if handled before getting to that point.

My experience with the public is that they take sides (1) before knowing all the facts, and (2) without really knowing the law. It's an emotional response.

Non-compete clauses, in my work experience, have been extremely valuable.
 
A) I think the allegation that Willie was competing against Flo is contained to the specific allegation that he downloaded his rankings while still at Flo and then reposted them at Rokfin, then left. That's how I read that. Since the rankings were publicly available it's not especially compelling because Willie could have left, downloaded them at home, then reposted them just as easily (unless what he took includes non-public content, I don't know but the complaint doesn't allege as much). It probably wasn't wise to delete them at Flo, if that's what he did, but the damages at play here are negligible I'd think.

Not sure about servers and whatnot but looks like his "Crystal Ball Rankings" are still on flo

https://www.flowrestling.org/rankin...caa-di-by-willie-saylor/32703-penn-stateagain

I know they're not even alleging theft of IP or whatever, but I think people are getting caught up in the idea that "they're his rankings," but the link above is essentially an article IMO. If he copied that same exact thing to Rokfin (unknown unless anyone is a subscriber), that's probably not cool.
 
Not sure about servers and whatnot but looks like his "Crystal Ball Rankings" are still on flo

https://www.flowrestling.org/rankin...caa-di-by-willie-saylor/32703-penn-stateagain

I know they're not even alleging theft of IP or whatever, but I think people are getting caught up in the idea that "they're his rankings," but the link above is essentially an article IMO. If he copied that same exact thing to Rokfin (unknown unless anyone is a subscriber), that's probably not cool.
The employment agreement, as would be the case in almost any media company, provides that work produced while employed
are "works for hire," meaning that the company owns that copyright regardless of whose name is on the byline. I don't have access to Rokfin so I don't know what Willie is posting there but if he's posting older rankings that were first posted to Flo, he could be opening himself up to an infringement claim.
 
A) I think the allegation that Willie was competing against Flo is contained to the specific allegation that he downloaded his rankings while still at Flo and then reposted them at Rokfin, then left. That's how I read that. Since the rankings were publicly available it's not especially compelling because Willie could have left, downloaded them at home, then reposted them just as easily (unless what he took includes non-public content, I don't know but the complaint doesn't allege as much). It probably wasn't wise to delete them at Flo, if that's what he did, but the damages at play here are negligible I'd think.

B) I imagine there is or was some agreement btwn new-Flo and Martin related to competition but it's not cited so perhaps that either means it expired; it clearly didn't cover these facts; never existed; or Flo's counsel neglected or chose not to take that angle for reasons way outside our scope. So instead they're merely alleging common law tortious interference. The complaint doesn't include many facts that support tortious interference but maybe there would be if this got to the discovery phase.

C) I don't know how damages work in Texas but there are only two causes of action, one attributable entirely to Willie, one entirely to Martin/Rokfin, so a judge could theoretically find Willie 100% liable for breach and Martin 0% liable for tortious interference. No one involved here believes $1m is a real number, plaintiff's lawyers just use them to get headlines and judges are numb so it's become routine. If this complaint was seriously expecting $1m in damages far more legal work would've gone into the complaint.


Thanks Tikk, I appreciate the sharing of your thoughts and experience on this.
 
Was it Willie who disclosed the existence of the bathroom bandit? That was a trade secret. BOOM! :)

78158574_10156821519517005_8775431038353539072_o.jpg
 
I thought it was decided at the last board meeting that, moving forward, this thing was going to be spelled "Rofkin".
It's so easy to transpose the k and f because more words end with -kin than -fin, and the resulting "rofkin" looks, visually, similar enough that you don't notice you've spelled it wrong.
 
Rokfin v Rofkin
HIPAA v HIPPA
f** v f***
Stieber v [unnecessary]
Villalonga v [unnecessary]
they're v their v there
too v two v to
dominate v dominant
surprise v suprise

All can be discussed at the next board meeting :).

Forgot
Moran vs moron
 
Rokfin v Rofkin
HIPAA v HIPPA
f** v f***
Stieber v [unnecessary]
Villalonga v [unnecessary]
they're v their v there
too v two v to
dominate v dominant
surprise v suprise

All can be discussed at the next board meeting :).
Just name the time and place because I'm coming loaded for bare!:oops:
 
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Rokfin v Rofkin
HIPAA v HIPPA
f** v f***
Stieber v [unnecessary]
Villalonga v [unnecessary]
they're v their v there
too v two v to
dominate v dominant
surprise v suprise

All can be discussed at the next board meeting :).

dual v duel
 
Flo isn't alleging infringement so the issue of copyrightability isn't in play, at least yet. But your suspicions about the copyrightability of rankings is well-founded because rankings and ratings do exist in a copyright grey zone.

The baseline requirement for all copyright worked is "originality," which theory rejects the mechanical arrangements of facts, such as a phone book. However, in Eckes v Card Prices Update, the second circuit recognized lists of baseball card prices as copyrightable as a compilation--the arrangement of facts based on the ranker's opinions contained sufficient originality. If a court can point to some minimal degree of creativity in the ranking process, it tends to meet the originality requirement. Ratings that merely arrangements of facts governed by some predetermined metric probably don't contain sufficient originality to qualify for copyright protection.
this is exactly correct, Imho tikk10, esq.
 
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Totally off topic, but an overall assessment, I am always surprised about how technical and well versed the people are on this board about a range of topics not specific to wrestling. This being one of them.

For example, I could ask for best restaurants in Morgantown, WV and I bet I get well thought out responses with personal opinions.

While there are clearly idiots on this board and other boards, the intelligence level comes through lots and lots of times.

Also, go Willie. Rooting for you.
 
This thought is not lost on me either, guys who make money off of aa large segment of primarily amateur athletes (wrestling, gymnastics, cheer, etc.) are getting in a legal battle over the proprietary of that content and who owns it. This seems so backwards to me.
 
What sorts of things are your bailiwick, CT?
Without outing myself too much - though I have in the past - supporting capital intensive renewable energy projects from beginning (e.g. site control, due diligence issues) to end (dealing with financings). It’s fun being able to contribute to tangible things rather than endlessly arguing with others in support of my clients. I might be negotiating land leases one day and, depending on things falling into place, massive cranes are out there 2-3 years later building a 300-500 million dollar project.

Lots of drafting and lots of cat herding. I know the basics of non-competes, but that’s it. And I stay as far away from the courtroom as possible.

Best of all - I work for a company, not a firm, so I don’t have to bill my time in 6 minute increments. Just get your work done.
 
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