On October 11, 2000, Morris filed its Complaint and Motion for Preliminary Injunction, alleging violations of Section 2 of the Sherman Act, 15 U.S.C. 2, the Florida Antitrust Act, Fla. Stat. 542.19, and the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. 501.201 et seq. Morris alleged that the PGA Tour possesses monopoly power over access to its golf tournaments and has unfairly used that power by attempting to stifle competition in the separate market for syndicated real-time golf scores. In response, the PGA Tour argued that it enjoys a property right in RTSS and that its regulations restricting the syndication of real-time golf scoring information gathered and generated by RTSS constitute a reasonable safeguard against would-be free riders seeking to unfairly capitalize on its product.
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Accordingly, the Court finds that the PGA Tour is justified in its restrictions because (1) Morris free-rides on the PGA *1283 Tour's efforts, (2) the PGA Tour has a property right in the scores before they are in the public domain, and (3) the PGA Tour has the right to license or sell broadcasting rights of its products over the Internet.
Assuming arguendo that access to the media center is an essential facility, one who controls an essential facility must provide access "upon such just and reasonable terms and regulations as will, in respect of use, character, and cost of service, place every such company upon as nearly an equal plane as may be with respect to expenses and charges as that occupied by the proprietary companies." United States v. Terminal R.R. Ass'n of St. Louis, 224 U.S. 383, 411, 32 S. Ct. 507, 56 L. Ed. 810 (1912). However, in this case, Morris is seeking access to the media center and the scoring system at no cost, putting it at a competitive advantage to the PGA Tour.[27] The PGA Tour offers access to the scores through a license as evidenced by its contract with USA Today, and Morris is free to negotiate for the purchase of a license which would put it on a competitive plane with the PGA Tour. 2ff7e9595c
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