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2020 U. Ill. L. Rev. 341 (2020)
Gambling on Sports Data: Protecting Leagues' High-Level Data from Sportsbooks

handle is hein.journals/unilllr2020 and id is 343 raw text is: 








GAMBLING ON SPORTS DATA: PROTECTING LEAGUES' HIGH-
LEVEL   DATA FROM SPORTSBOOKS


                                                             AARON FELD*


        The Professional and Amateur  Sports Protection Act of 1992 helped
  define the legal status of sports betting throughout the United States by ef-
  fectively outlawing sports gambling nationwide. In 2018, the United States
  Supreme  Court struck down the Act in Murphy v. NCAA,  thereby providing
  state legislatures the opportunity to legalize sports gambling subject to
  their own  restrictions. Though Congress cannot commandeer state   law-
  making,  Congress can, and  likely will, regulate sports gambling directly,
  leaving state and federal legislatures as well as sports leagues and gam-
  bling operators struggling to determine the appropriate way forward.
       Commissioners   across various professional leagues not only assert a
  property interest in the sporting event and its resulting data, but are also
  concerned  that the laws surrounding ownership of sports data fail to ade-
  quately restrict the unlicensed collection and utilization of such'data while
  duly presenting a threat to the integrity of the sport. As sports data has
  become  an integral component for sportsbooks in facilitating their opera-
  tions, sportbooks refute the notion that leagues maintain exclusive rights in
  the collection and exploitation of such data. With the effective legalization
  ofsports gambling creating a sudden premium  on sports data, the question
  of how such data should be sourced, regulated, monitored, and purchased
  is now at the forefront of legislative battles.
       This Note distinguishes the types of sports data generated from sport-
  ing events and the methods by which  such data can be collected, refined,
  processed, and commercialized. It explores the state and federal legislative
  sports betting proposals and analyzes the problem of competing interests
  between professional sports leagues and sportsbooks seeking to facilitate
  gambling  activity. Finally, this Note argues that federal legislation should
  be used to solve the data rights issue and effectively balance the interests
  of the leagues and sportsbooks.


341


    *  This Note is dedicated to my parents, Marla and Neal, for their constant love and support as well as
for instilling in me their passion for learning and education. Thank you to the editors, members, and staff of
the University ofIllinois Law Review for all their hard work.

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