Online Fantasy Sports Litigation and the Need for a Federal Right of Publicity Statute

The right of publicity is currently a jumble of state common law and state statutes, but the online fantasy sports industry crosses state lines with ease. Having witnessed the great revenue potential of online fantasy sports, professional sports leagues are trying to strong-arm independent fantasy sports providers out of the business by using the right of publicity to assert property interests in the statistics generated by professional players, and used by fantasy sports providers to run their online games. The first such attempt--by Major League Baseball--failed. However, the state law nature of the right of publicity prevents any single court opinion from binding the industry or other jurisdictions. The National Football League is attempting to achieve a more favorable result in a different jurisdiction. If successful, other professional sports leagues will be encouraged to litigate the issue, and Major League Baseball might even attempt to re-litigate its position in other states. This free-for-all could result in different rules for different sports in different states, which would not only be untenable for the online fantasy sports providers, but a violation of the Constitution as well. A cohesive federal right of publicity statute would (1) bring uniformity to the doctrine, (2) give federal courts (where these actions are being brought) a federal law to apply instead of allowing them to continue muddying the application of state laws, (3) directly address First Amendment concerns, and (4) solve the dormant commerce clause violation alluded to above

Golan v. Holder: Copyright in the Image of the First Amendment

Does copyright violate the First Amendment? Professor Melville Nimmer asked this question forty years ago, and then answered it by concluding that copyright itself is affirmatively speech protective. Despite ample reason to doubt Nimmer’s response, the Supreme Court has avoided an independent, thoughtful, plenary review of the question. Copyright has come to enjoy an all-but-categorical immunity to First Amendment constraints. Now, however, the Court faces a new challenge to its back-of-the-hand treatment of this vital conflict. In Golan v. Holder the Tenth Circuit considered legislation (enacted pursuant to the Berne Convention and TRIPS) “restoring” copyright protection to millions of foreign works previously thought to belong to the public domain. The Tenth Circuit upheld the legislation, but not without noting that it appeared to raise important First Amendment concerns. The Supreme Court granted certiorari. This article addresses the issues in the Golan case, literally on the eve of oral argument before the Court. This article first considers the Copyright and Treaty Clauses, and then addresses the relationship between copyright and the First Amendment. The discussion endorses an understanding of that relationship in which the Amendment is newly seen as paramount, and copyright is newly seen in the image of the Amendment

The DESI One-Percent Survey: Exploring the Halo Occupation Distribution of Luminous Red Galaxies and Quasi-Stellar Objects with AbacusSummit

We present the first comprehensive Halo Occupation Distribution (HOD) analysis of the DESI One-Percent survey Luminous Red Galaxy (LRG) and Quasi-Stellar Object (QSO) samples. We constrain the HOD of each sample and test possible HOD extensions by fitting the redshift-space galaxy 2-point correlation functions in 0.15 < r < 32 Mpc/h in a set of fiducial redshift bins. We use AbacusSummit cubic boxes at Planck 2018 cosmology as model templates and forward model galaxy clustering with the AbacusHOD package. We achieve good fits with a standard HOD model with velocity bias, and we find no evidence for galaxy assembly bias or satellite profile modulation at the current level of statistical uncertainty. For LRGs in 0.4 < z < 0.6, we infer a satellite fraction of fsat = 11+-1%, a mean halo mass of log10 Mh = 13.40+0.02-0.02, and a linear bias of blin = 1.93+0.06-0.04. For LRGs in 0.6 < z < 0.8, we find fsat = 14+-1%, log10 Mh = 13.24+0.02-0.02, and blin = 2.08+0.03-0.03. For QSOs, we infer fsat = 3+8-2%, log10 Mh = 12.65+0.09-0.04, and blin = 2.63+0.37-0.26 in redshift range 0.8 < z < 2.1. Using these fits, we generate a large suite of high-fidelity galaxy mocks. We also study the redshift-evolution of the DESI LRG sample from z = 0.4 up to z = 1.1, revealing significant and interesting trends in mean halo mass, linear bias, and satellite fraction.Comment: Submitted to MNRAS, comments welcom

The DESI Bright Galaxy Survey: Final Target Selection, Design, and Validation

Over the next 5 yr, the Dark Energy Spectroscopic Instrument (DESI) will use 10 spectrographs with 5000 fibers on the 4 m Mayall Telescope at Kitt Peak National Observatory to conduct the first Stage IV dark energy galaxy survey. At z 10 million galaxies spanning 14,000 deg2 . In this work, we present and validate the final BGS target selection and survey design. From the Legacy Surveys, BGS will target an r 80% fiber assignment efficiency. Finally, BGS Bright and BGS Faint will achieve >95% redshift success over any observing condition. BGS meets the requirements for an extensive range of scientific applications. BGS will yield the most precise baryon acoustic oscillation and redshift-space distortion measurements at z < 0.4. It presents opportunities for new methods that require highly complete and dense samples (e.g., N-point statistics, multitracers). BGS further provides a powerful tool to study galaxy populations and the relations between galaxies and dark matter

Golan v. Holder: Copyright in the Image of the First Amendment, 11 J. Marshall Rev. Intell. Prop. L. 83 (2011)

Does copyright violate the First Amendment? Professor Melville Nimmer asked this question forty years ago, and then answered it by concluding that copyright itself is affirmatively speech protective. Despite ample reason to doubt Nimmer’s response, the Supreme Court has avoided an independent, thoughtful, plenary review of the question. Copyright has come to enjoy an all-but-categorical immunity to First Amendment constraints. Now, however, the Court faces a new challenge to its back-of-the-hand treatment of this vital conflict. In Golan v. Holder the Tenth Circuit considered legislation (enacted pursuant to the Berne Convention and TRIPS) “restoring” copyright protection to millions of foreign works previously thought to belong to the public domain. The Tenth Circuit upheld the legislation, but not without noting that it appeared to raise important First Amendment concerns. The Supreme Court granted certiorari. This article addresses the issues in the Golan case, literally on the eve of oral argument before the Court. This article first considers the Copyright and Treaty Clauses, and then addresses the relationship between copyright and the First Amendment. The discussion endorses an understanding of that relationship in which the Amendment is newly seen as paramount, and copyright is newly seen in the image of the Amendment

Golan v. Holder: Copyright in the Image of the First Amendment, 11 J. Marshall Rev. Intell. Prop. L. 83 (2011)

Does copyright violate the First Amendment? Professor Melville Nimmer asked this question forty years ago, and then answered it by concluding that copyright itself is affirmatively speech protective. Despite ample reason to doubt Nimmer’s response, the Supreme Court has avoided an independent, thoughtful, plenary review of the question. Copyright has come to enjoy an all-but-categorical immunity to First Amendment constraints. Now, however, the Court faces a new challenge to its back-of-the-hand treatment of this vital conflict. In Golan v. Holder the Tenth Circuit considered legislation (enacted pursuant to the Berne Convention and TRIPS) “restoring” copyright protection to millions of foreign works previously thought to belong to the public domain. The Tenth Circuit upheld the legislation, but not without noting that it appeared to raise important First Amendment concerns. The Supreme Court granted certiorari. This article addresses the issues in the Golan case, literally on the eve of oral argument before the Court. This article first considers the Copyright and Treaty Clauses, and then addresses the relationship between copyright and the First Amendment. The discussion endorses an understanding of that relationship in which the Amendment is newly seen as paramount, and copyright is newly seen in the image of the Amendment

Antibody titer has positive predictive value for vaccine protection against challenge with natural antigenic-drift variants of H5N1 high-pathogenicity avian influenza viruses from Indonesia

Vaccines are used in integrated control strategies to protect poultry against H5N1 high-pathogenicity avian influenza (HPAI). H5N1 HPAI was first reported in Indonesia in 2003, and vaccination was initiated in 2004, but reports of vaccine failures began to emerge in mid-2005. This study investigated the role of Indonesian licensed vaccines, specific vaccine seed strains, and emerging variant field viruses as causes of vaccine failures. Eleven of 14 licensed vaccines contained the manufacturer's listed vaccine seed strains, but 3 vaccines contained a seed strain different from that listed on the label. Vaccines containing A/turkey/Wisconsin/ 1968 (WI/68), A/chicken/Mexico/28159-232/1994 (Mex/94), and A/turkey/England/N28/1973 seed strains had high serological potency in chickens (geometric mean hemagglutination inhibition [HI] titers, ≥1:169), but vaccines containing strain A/chicken/Guangdong/1/1996 generated by reverse genetics (rg; rgGD/96), A/chicken/Legok/2003 (Legok/03), A/chicken/Vietnam/ C57/2004 generated by rg (rgVN/04), or A/chicken/Legok/2003 generated by rg (rgLegok/03) had lower serological potency (geometric mean HI titers, ≤1:95). In challenge studies, chickens immunized with any of the H5 avian influenza vaccines were protected against A/chicken/West Java/SMI-HAMD/2006 (SMI-HAMD/06) and were partially protected against A/chicken/Papua/ TA5/2006 (Papua/06) but were not protected against A/chicken/West Java/PWT-WIJ/2006 (PWT/06). Experimental inactivated vaccines made with PWT/06 HPAI virus or rg-generated PWT/06 low-pathogenicity avian influenza (LPAI) virus seed strains protected chickens from lethal challenge, as did a combination of a commercially available live fowl poxvirus vaccine expressing the H5 influenza virus gene and inactivated Legok/03 vaccine. The

Unraveling emission line galaxy conformity at z~1 with DESI early data

International audienceEmission line galaxies (ELGs) are now the preeminent tracers of large-scale structure at z>0.8 due to their high density and strong emission lines, which enable accurate redshift measurements. However, relatively little is known about ELG evolution and the ELG-halo connection, exposing us to potential modeling systematics in cosmology inference using these sources. In this paper, we propose a physical picture of ELGs and improve ELG-halo connection modeling using a variety of observations and simulated galaxy models. We investigate DESI-selected ELGs in COSMOS data, and infer that ELGs are rapidly star-forming galaxies with a large fraction exhibiting disturbed morphology, implying that many of them are likely to be merger-driven starbursts. We further postulate that the tidal interactions from mergers lead to correlated star formation in central-satellite ELG pairs, a phenomenon dubbed "conformity." We argue for the need to include conformity in the ELG-halo connection using galaxy models such as IllustrisTNG, and by combining observations such as the DESI ELG auto-correlation, ELG cross-correlation with Luminous Red Galaxies (LRGs), and ELG-cluster cross-correlation. We also explore the origin of conformity using the UniverseMachine model and elucidate the difference between conformity and the well-known galaxy assembly bias effect