Major League Baseball Cries Foul on Slingbox

This week Major League Baseball lobbed its second brushback pitch at Slingbox, reiterating its stance that the young company is misusing its content. It's not the first time a content owner has expressed concerns over the legality of the trapezoid-shaped set-top box, yet no one has actually filed suit.

But if a content owner did actually follow through with a lawsuit, it could be a tough case to make in court, say industry observers.

"I think (MLB is) deploying that rhetoric to chill innovation in this segment. I don't think it's working, but I think it would be a big blow to the entertainment industry if they went to court and lost," said Fred von Lohmann, attorney with the Electronic Frontier Foundation. But von Lohmann says that doesn't mean MLB won't sue.

MLB Advanced Media (MLBAM), the division responsible for MLB.com and its MLB.TV package, says it hasn't ruled out that prospect. At a recent sports law symposium at Fordham University, The Hollywood Reporter, Esq. reported that MLBAM's General Counsel Michael Mellis called the popular set-top box's place-shifting feature illegal.

"Of course, what they are doing is not legal," said Mellis. "We and other leagues have formed a group to study the issue and plan our response. A lot depends on ongoing discussions. Plus, there's no guarantee that Slingbox will be around next year. It's a start-up."

In an interview with CNET News.com, Sling Media CEO Blake Krikorian said it was "a ridiculous statement" to say the Slingbox is illegal. Krikorian also questioned whether MLB has joined with other professional sports leagues to discuss the legal implications of the Slingbox. "Our relationships with the leagues, including MLB as I understand it, are very strong," he said.