Evaluate whether the unauthorized description of a baseball game infringes MLB’s intellectual property rights.

MLB Advanced Media, MLB’s Internet subsidiary, claims ownership of all real-time data used by sports websites to provide live graphic simulations of baseball games over the Internet. However, some webcasters operate sites providing very detailed game accounts, including the location of each pitch, that are updated every 30 to 90 seconds. Some webcasters obtain this information from employees who are present at MLB games, whereas others get their data from employees who are watching televised games or listening to radio broadcasts. One webcaster is licensed to use the real-time data from MLB games, but no others are willing to pay the fee for obtaining licensing rights. Evaluate whether the unauthorized description of a baseball game infringes MLB’s intellectual property rights.

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