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“Right now, there is a battle—a data war going on out there in the U.S. across the states—between those that believe that data should be protected and it should be mandated by the sports that they deliver this official data, this fuel that runs the engine of sports betting. And those out there that believe it’s everybody’s property and anyone can get in and capture data at a sporting event.” The operation of a live-betting schema requires fast, reliable collection of data. Sports leagues and official data partners are advocating for legal protections—at least in part to ensure receiving some sort of royalty or cut of the betting pool. MLB commissioner Rob Manfred recently said bookmakers are “free-riding” on the sports, arguing that its gameplay is “our intellectual property.” New York and Missouri are states that have discussed requiring the use of official data, although neither has passed legislation yet. The American Gaming Association wrote to Congress saying data contracts should be between sporting bodies and gaming companies; the AGA said “the gaming industry will vigorously oppose efforts to use federal or state legislation to set basic business terms.” Kenny Gersh, MLB EVP of advanced media business, said that the league already has all the cameras, radars, and personnel to track everything happening on the field. Baseball, he said, could be “perfect” for sports betting because of its series of independent events. Each pitch, at bat, inning, etc., can be isolated and potentially wagered upon. “Why we think using the official data is so important is that, while you’re betting within those discrete events, we think it’s fairly indisputable that we’re in the best position to collect that data and deliver it,” Gersh said, adding that companies would be free to innovate on that foundation. At the time of the Football DataCo case, the process for tabulating statistics was that a football analyst (FBA) would report an event to the sports information processor (SIP), who then inputted the statistic into the database. As Jacob wrote, “Only a metaphysicist would say a goal is not scored until the FBA tells the SIP that it has been scored.” Indeed, some argue the provenance of the data is important. The head of Perform Group’s integrity services, Jake Marsh, emphasized security of the whole data chain —both the people and the technology involved.

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