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CBS Corp.’s Internet unit won the right to use National Football League players’ names and statistics for free in fantasy sports leagues it sponsors after a judge ruled the information is in the public domain.

A federal appeals court decision in 2007 that companies operating fantasy leagues have a First Amendment right to use names and data of baseball players without paying a licensing fee applies to football as well, U.S. District Judge Ann Montgomery said in Minneapolis.

“The court declines to indulge in a philosophical debate about whether the public is more fascinated with baseball or football,” Montgomery said in her ruling, issued April 28.

The ruling is the latest setback for professional sports leagues and players unions looking to control the fantasy market. As many as 15 million people participate in fantasy football leagues, generating more than $1 billion a year in revenue, court documents show.

CBS Interactive sued the National Football League Players Association last year to prevent it from demanding royalties for use of the publicly available material. The association’s licensing arm countersued, saying players deserved to be compensated for use of their likenesses, statistics and other information.

“CBS is pleased that the court confirmed the use of player names, statistics and other materials in CBS’s online fantasy games is protected under the First Amendment,” Alex Riethmiller, a spokesman for CBS Interactive in Fort Lauderdale, Florida, said in an e-mail.

Richard Berthelsen of the NFLPA didn’t return phone and e- mail messages seeking comment.

Supreme Court

The U.S. Supreme Court in June rejected an appeal from Major League Baseball and its players’ association that sought to overturn the St. Louis appeals court ruling allowing a fantasy-sports company to use players’ names and statistics without paying licensing fees. MLB had support in the case from other pro leagues, including the NFL, National Basketball Association and National Hockey League.

CBS Corp. rose 69 cents, or 11 percent, to $7.04 on the New York Stock Exchange. Shares of the New York-based company have declined 14 percent this year.

The case is CBS Interactive Inc. v. National Football League Players Association Inc., 08-5097, U.S. District Court, District of Minnesota (Minneapolis).

(Source: Bloomberg)