Good to learn that kickball had become the hot new recreational team sport. I was very confused a few weeks ago when I saw dozens of people walking around the bars in our neighborhood on a Friday evening, wearing matching-color shirts that said "Kickball" on them.

 Howard Wasserman -- 5/08/2007 2:47 PM  

By the logic WAKA is using, the following lawsuits could've been put into the legal system:

>> NFL vs. all of the American Football Leagues, the USFL, and the XFL (and Arena Football/af2?);

>> NHL vs. WHA;

>> NBA vs. ABA or FIBA;

>> MLB vs. Little League, Babe Ruth, or Cal Ripken leagues;

>> Any pro league vs. any college league or state association.

I'm trying to say that any lawsuit that involves copyrighting the rules of a league, including terms, is almost begging to be called frivilous.
Holding is holding; offside is offside; a goal is a goal. Very few terms can be substituted such that the public would not be confused hopelessly.

 Anonymous -- 5/08/2007 11:34 PM  

In addition, the rules that WAKA claims to be "copyrighted" are almost common sense.

It is a social game that involves drinking so obviously 21 would be the age limit.

There are typically 9 positions in baseball and the dimensions of a kickball field are likely similar or maybe a little smaller. If it's a little smaller, then 8 people works. Since it's a social game and you want to be fair, it would certainly make sense to have 4 guys and 4 girls.

WAKA is huge in Coconut Grove (Miami). I could foresee a handful of independent leagues popping up where WAKA doesn't reach. Seems like a lot of potential lawsuits...

 Adam W -- 5/08/2007 11:58 PM  

A close reading of the DCKickball rules clearly shows that WAKA is in error. DCKickball only requires a minimum number of women on the field leaving everyone else to do the math.

 JJC -- 5/09/2007 12:53 AM  

Adam W:

I actually live in Coconut Grove, but did not know WAKA was huge until the night I saw the players walking around post-game . . .

 Howard Wasserman -- 5/09/2007 7:12 AM  

Since it's a social game and you want to be fair, it would certainly make sense to have 4 guys and 4 girls.

Most amateur co-ed softball and soccer leagues have similar requirements. And have had so long before WAKA came along. DCKickball can always claim that it took the 4-women requirement from one of these other sports.

 Peter -- 5/09/2007 10:43 AM  

I was under the impression copyright protection only extended to non-novel ideas, despite whether it is written down. Does that mean WAKA rests its entire case on whether requiring half boys/half girls is novel? Requiring an age-limit is only for their protection.

If splitting the team up boy/girl is unique, I suppose Waka will sue student rec co-ed kickballs leagues next.

I wonder who owns flag football then.

 Cory Carano -- 5/09/2007 7:07 PM  

I'm curious why the copyright claim hasn't already been dismissed -- was there a motion to dismiss?

Cory Carano brings up an interesting point, which is that WAKA could conceivably *patent* their method of playing kickball, assuming it's novel and nonobvious (which it probably isn't). But that just shows the weakness of the copyright claim -- aside from verbatim copying of the text of a rule, they should not be able to copyright the rule itself as a method of play, under 102(b).

 Bruce Boyden -- 5/10/2007 10:06 PM  

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