or persona of the players. However, clearly the baseball players’ names as used in conjunction with their playing records in CBC’s fantasy baseball games involve compilations of facts. Therefore, the court finds that Feist controls and will assume, arguendo, that the names and playing records of Major League baseball players in the context of this case is within the subject matter of copyright. Feist, 499 U.S. at 345, 111 S.Ct. 1282. 3. Copyrightable Element of Preemption: While the compilations of facts in this case are within the subject matter of copyright, if they do not meet the second prong of the test articulated in National Car Rental, 991 F.2d at 428-29, copyright preemption will not apply. See also National Basketball Ass’n v. Motorola, 105 F.3d 841, 847-48 (2d Cir.1997) (<HOLDING>). Thus, the court must determine whether the
holding that while broadcasts of basketball games are copyrightable the scores of basketball games represent purely factual information which any patron of an nba game could acquire from the arena as such the underlying games are not copyrightable holding that while the computer program at issue was within the subject matter of copyright the right sought under state law pursuant to a license was not equivalent to the exclusive rights under copyright as such copyright preemption did not apply holding that poker and bridge are predominately games of chance holding that the video games at issue are expressive and qualify as speech for purposes of the first amendment holding that broadcasts of national basketball association games are copyrightable but that the games themselves are not copyrightable as such copyright preemption did not apply