Fans suing NHL over television rights will have case heard after ruling

More NHL Offseason: | | | The NHL is finding itself waist deep in litigation it seems lately. With a number of lawsuits piling up from former players related to brain injuries, the league is also still dealing with a lawsuit filed two years ago by a group of fans. Those fans will have their case heard after a judge dismi sed the NHLs motion to have the suit dismi sed. That decision was unsealed Friday.The suit filed by six fans of the league allege that the NHL and Major League Baseballs restrictions on local TV broadcasts are anti-competitive. According to Rick Westhead of TSN.ca, the trial is expected to proceed early in 2015. :In a lawsuit filed in New York two years ago, a group of disgruntled fans claimed that the restrictions on broadcasting were inappropriately driving up the price of sports cable television packages.One plaintiff, Thomas Laumann, lives in Florida and is a fan of the . Laumann said two years ago that he preferred not to Jarran Reed Jersey purchase a full out-of-market package to get Islanders games- or subscribe to pay TV to watch Isles games involving the and , which are blacked out when he tries to watch them through NHL Gamecenter Live.The lawsuit also attacks the NHL's tactic of charging customers $179.80 for its full-season offering of games available on cable and satellite providers. Again, both of those packages, known as NHL Center Ice, black out in-market games.The NHL subsequently filed a motion to dismi s the case and a judge ruled this week against that motion. The ruling was unsealed on Friday.Before this gets to trial, the lawyers for the plaintiffs will ask for the case to be considered a cla s action suit. If approved, that would make every U.S.-based customer of the NHLs Center Ice package eligible to be included as a plaintiff.This has a chance at being a very big problem for the league.The motion to dismi s was denied by Shira Scheindlin, a federal judge in New York, Scheindlin said a trial would help show whether the leagues were accurate in claiming the restrictions were good for the sports Rashad Fenton Jersey and their fans.The initial court filings, which Westhead wrote about while with the at the time the suit was filed, also took aim at the blackouts of games streamed over the internet in their local markets. : No one in New York, the court filings say, has acce s to any live presentation of a contest involving the over the Internet, despite the fact that Elijah McGuire Jersey Rangers contests are routinely streamed over the Internet to consumers elsewhere. . . . The sole reason for this restriction is to interfere with competition.By restricting more widely available game telecasts, the league is able to charge monopoly pricing and limit the choices available to consumers.The restrictions amount to a breach of U.S. antitrust law, charges the lawsuit, filed in U.S. District Court for the Southern District of New York. Maple Leaf Sports & Entertainment, which owns the MapleLeafs, is listed as a defendant, as are the NHLs other 29 clubs.The blackouts have long been a point of contention among fans when it comes to GameCenter Live, in particular. They are of course designed to protect the ratings of the network that owns the TV rights for the local team, but the consumer is often a big loser in that scenario.Its not just for teams in their home markets. For instance, in Iowa (where I got to find this out for myself the hard way), a fan who purchases the GCL package is likely to have games blacked out for each of the , and , whether that individuals cable provider carries the networks that those teams are on or not. Thats a lo s of a significant amount of games despite the cost a sociated with the service for the consumer.What will make this trial even more interesting to follow is how it would impact each individual teams flexibility in controlling their own broadcasting rights outside of their local market.The NHL has prevented its teams from selling their TV rights outside of teh local markets since 1985 according to Rick Westhead.Theres still a lot to sort out, but if this lawsuit is succe sful, it Demarcus Robinson Jersey would likely allow NHL teams to pursue selling their rights in other markets to reach wider fan bases, bypa sing the somewhat restrictive Center Ice Derrick Thomas Jersey and GameCenter Live packages.The question for the individual teams is if they would be able to find a market for selling their rights beyond the boundaries of their local market. Surely, not every team would, but most owners probably wouldnt mind finding another revenue stream that they can solely control.Bill Daly, the NHLs deputy commi sioner, told TSN.ca that the NHL remains confident of ultimately prevailing on the merits, despite losing the motion to dismi s the case.This is certainly a complex case that is going to take a while to get sorted out, including whether or not the leagues are actually violating antitrust laws, but the fact that the fans and their lawyers provided enough evidence to prevent the NHL from having the case dismi sed is a good start for the plaintiffs. Theres a lot left to prove, but depending on how this plays out, it could have a seismic impact on the status quo for U.S. television rights in profe sional sports.
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