May 8, 2007
Kickball Lawsuit Still Going On
File this under "More Evidence that America has Become Way Too Litigious" -- a legal battle between two D.C. kickball leagues has now gone on for over a year, and doesn't look to be coming to a resulution anytime soon.
Yes, a lawsuit. Over kickball.
Early last year the World Adult Kickball Association (WAKA) filed a lawsuit against upstart DC Kickball, alleging that founder and WAKA-defector Carter Rabasa had stolen WAKA's rules of play and had defamed the organization when he referred to them as "the Microsoft of kickball." For his transgressions, WAKA demanded $356,000 from Rabasa in compensatory and punitive damages. Last October we reported that Rabasa had started the D.C. Kickball Legal Defense Fund to fight WAKA in court, and to date has collected some $2,526 in donations -- not a whole lot in the world of legal fees.
According to an email we received today, the fight has entered the discovery phase, during which WAKA's lawyers have demanded a host of information and documents on DC Kickball and its operations. And while Rabasa is still asking for money for his defense -- "A vigorous defense of the suit could cost upwards of $50,000," he wrote -- he also announced that he is considering filing an anti-trust lawsuit against WAKA.
Maybe WAKA is on to something. It might just be that they were the first legal entity to have written down what were always considered playground rules, and it might also be that Rabasa broke into their office and stole the rules all for himself and then insulted them to boot. But that seems unlikely, and the merits of WAKA's case seem weak, as the Sports Law Blog has written. More than anything, it seems to be a battle over money. CBS reported last year that WAKA, which operates in 22 states, raised some $3 million in player fees in 2006. That's a fair amount for a sport that's hardly, well, sporty.
We're willing to help resolve this outside the courtroom. One kickball game, WAKA vs. DC Kickball. Winner stays, loser hightails it out of town. What say you, guys?
Full Disclosure: I'm in my second season on a DC Kickball team.

DCKickall is much more fun than WAKA. Most of the budget from registration fees is spent on midseason parties and they frequently buy the first keg of beer on rainy nights to entice players to come out and drink.
I volunteer for the WAKA vs. DCKickball game, I know we could take them.
And you wonder why so many people *leave* DC after a few years for someplace real...?
Only in DC. Only in DC.
JM wrote: And you wonder why so many people *leave* DC after a few years for someplace real...?
Give that tired refrain a rest, JM. Our over-litigious society has this crap happening everywhere. Why is it that every time someone does something stupid here here it's because "DC sucks"? If you and the other DC-haters hate it so much, get the hell out. Maybe you'll be less negative on Cinncinatist.com.
Heartless. You can rob someone with a gun or a pen. Take your pick.
paraphrased from "Pretty Boy Floyd" Woody Guthrie
So WAKA is claiming copyright of some kickball rules?? I've never heard of anything like that before. Maybe they are just hoping to intimidate DCK out of court? IANAL, so I'm sure it's "possible" in some bizairre scenario, but WTF?
According to the link, they are claiming a "clearly unique requirement that there be 4 men AND 4 women at a minimum to play, and a 21-year old age floor for play" Couldn't DCKickball just change their rules to 5 men and 3 women, and allow one 20-year-old? If it's so "clearly unique" then boom! Lawsuit over.
Further proof that kickball is inferior to softball. Why don't both leagues go away so us softballers who play something more similar to sport have fields to play on?
Disclosure or no, somebody else at DCist should be writing about this. Not to be a jerk, but I think there's a wee conflict of interest here.
why don't they settle it by playing something less Neanderthal-ish, like bocce?
Ummm, can we get a WAKA representative or better yet, a non-biased writer to follow this story?
It's the little league kiddies that never grew up and want their nationally protected monopoly.
The mindset is sick and anti-competitive. I wish the tobacco free marketeers would devote some energy to this, much more pressing, issue.
I'm sorry Jeffrey, anyone bitching about a conflict of interest on a kickball story is a jerk.
Jeffrey and Devon,
While I play on a DCK team, this is only my second season and I hardly consider myself a dedicated player. In fact, when I first joined my team I had no idea that different leagues existed, much less that they were engaged in a lawsuit against each other. If my association with a DCK team spoils my take on this, I invite any WAKA players or reps to offer their opinions. Anyhow, ultimate frisbee is much more my sport, and I've been at that for the last four years.
Trust me -- my take would be no different if I didn't play or even if I played on a WAKA team. I'm a firm believer that copyrights can serve to protect intellectual property, but I cannot in good conscience argue that kickball rules that most people followed when they were 13 can be proprietary. If someone came along and declared that the rules of Paper, Rock, Scissors were their property, I would similarly be irked.
I would hope that both WAKA and DCK could sit back and agree to some sort of out-of-court settlement.
NAKID is still better than both DCKickball and WAKA
LOL! What tools!
I've played in WAKA for 5 seasons or so and wholeheartedly agree with Martin.
Every coed sports league has requirements for the balance of sexes on the field. Also, the legal drinking age is 21. The creative geniuses at WAKA must have been hard at work thinking up that formula. Thank God there are copyright laws that protect their intellectual property.
Since i moved to DC from Idaho, i have joined both WAKA and DCK. All my congressional staffer friends love it! its a great way to "network," and an easy commute from my apartment in Columbia Heights. Hanging out at Nolan's after games is rad!
this lawsuit is for the birds, i mean, how in the world are all of us transplants supposed to meet each other and talk about how awesome we are?
disclaimer: i have played in WAKA for 2 years.
While i have not sat down side by side and looked at what DCK and WAKA individually purport to be their rules, my impressions are from what i have heard and seen is that there are very few distinguishing characteristics of the DCK rules and league set up, at least as of when DCK started. It has alwasy sounded like the founder of DCK simply wanted to create a "leaner" ie cheaper version of what WAKA was doing.
I am of the opinion that WAKA found themselves a relatively intelligent niche in the adult athletics market and DC Kickball spun it off rather glaringly and refuses to take responsibility for that. I don't see why DCist should be finding fault with WAKA for protecting their "product."
Good thing NAKID has the completely unique requirement that each team field at least 5 girls and 5 guys at once, and that everyone be over 21... Lawsuit averted.
Isn't WAKA predominantly sponsored by Miller Lite? And isn't DC Kickball sponsored by Bud Lite? Is it possible to target a more perfect demographic to spread the sale of mass-consumption lite beer than a growing number of 20-30-something kickball athletes (god bless them), while incuring a relatively low expense?
Maybe more to this lawsuit than a playground squabble - a behind the scenes corporate legal move? Or perhaps I should just couple my paranoia with a few tomatoes and cabbages at the next World Bank/IMF meeting.
why are adults playing kickball?
Re: why are adults playing kickball?
We play kickball for 30 minutes. We network, meet new people, give to charity, and support local commerce (i.e. bars) the rest of the time.
Seriously, it's a great way to blow off steam, especially for those of us who may not be athletic/competitive enough to play in high-stakes games like football and baseball. Although some of us do exhibit quite the athletic prowess...
The lawsuit sounds more exciting than the sport, though less "adult."
Are we stuck in the third grade? Why not make some cupcakes and sit around playing Atari. What self-respecting grownup plays kickball?!?
Let's see KR... in every city in America, overpaid Congressional Staffers play kickball and then start suing each other over their leagues? Sorry, I'm not falling for that one. As someone else said ... only in DC.
"why are adults playing kickball?"
Why must things stop being fun just because you're an adult? I mean, come on... video games, kickball, roller coasters, cartoons... these are all, in my book, fun things, all the more so because I don't have to reach back ten or fifteen years to remember how much fun they were, but rather continue to enjoy them to this day. I have a grown-up life with a grown-up job and grown-up responsibilities, so it's not as though my enjoyment of these things reflects stunted cognitive development or anything, so where's the harm?
"overpaid Congressional Staffers"??
Obviously you're not familiar with the pay scale on the Hill. Also, neither of these leagues has any affiliation with the Hill and I've found that Hill staffers are no more common than people working elsewhere.
Why bother with the lame kickball part of it, when "socializing" (or more accurately getting hammered at 6 PM on a Tuesday night) is already 90% of the experience? Can't we just start some organized drinking clubs and do away with the silly rules?
"Maybe you'll be less negative on Cinncinatist.com"
I lived in Cincinnati. I think anyone would be less negative in that city, simply because DC sucks and Cincy doesn't.
I've also lived in Syracuse, New York, Pittsburgh, and St. Louis, all of which had their good points and bad points, but none of which sucked. DC sucks. Some may agree or disagree, but it is a valid point of view. And it is a valid point of view simply because you wouldn't find such a stupid lawsuit in Cincy, Syracuse, New York, Pittsburgh, or St. Louis (or anywhere else but Dc for that matter)---well, except maybe in an episode of Perfect Strangers or Saved By The Bell.....
Baby, if you ever wondered
Wondered - whatever became of me?
I'm living on the air in Cincinnati.
Cincinnati - WKRP.
Oh yeah, we totally bring cupcakes to games. But I don't think there are any Ataris (or congressional staffers, for that matter) in the vicinity. Plus we do our drinking on Sunday evenings, not Tuesday nights.
And keep in mind that when we say "adults", we mean 20-somethings.
"Why bother with the lame kickball part of it, when "socializing" (or more accurately getting hammered at 6 PM on a Tuesday night) is already 90% of the experience? Can't we just start some organized drinking clubs and do away with the silly rules?"
Because we likely to thinly veil our alcoholism.
No seriously, no one's forcing anyone here to sign up for kickball. Go out and drink with your friends without playing kickball beforehand. Have fun your own way - we'll have it ours.
This just demonstrates how ridiculous the notion of "business practice" intellectual property patents and trademarks really are. Just because one person realized that it was possible to make money from a fairly silly business it doesn't mean they should have the right to prevent anyone else from competing with them in their little niche.
I've also lived in Syracuse, New York, Pittsburgh, and St. Louis, all of which had their good points and bad points, but none of which sucked.
You're right. In Syracuse you probably won't ever see a lawsuit over kickball. More likely it will come from someone who tripped over their acid-washed jeans, which caused them to choke on their Hoffman's hot dog.
I grew up there. Syracuse sucks. But it does have some damn good hot dogs.
We network, meet new people, give to charity, and support local commerce (i.e. bars) the rest of the time.
I'll vouch for this. I had never heard of anyone playing in a kickball league before I moved here. Now I know several people who play in kickball leagues, and I've been invited to various league events, all of which involved taking over some bar and drinking on a weekday. I've never actually seen any of these people play kickball, by the way.
Wait . . . Cincinatti doesn't suck? How on earth did you reach that conclusion?
"And keep in mind that when we say "adults", we mean 20-somethings."
Pardon my confusion, but I thought 18 constitutes adulthood, or at the very least 21.
I'm all for having fun too, but it amazes me how purile such nostalgia trips like kickball seem. Lets organize the 'Red Rover' league or musical chairs . . . but with drinking! Not into hypercompetition but want some outdoor activity and socialization? You could toss a frisbee around, or fly a kite, or play bocce, none of which would be mistaken for games played by small children.
Kickball just sort of feels like 20 something dudes with extensive action figure collections.
"...play bocce"
SHUT UP GRAMPS!
You could toss a frisbee around, or fly a kite, or play bocce, none of which would be mistaken for games played by small children
Kickball just sort of feels like 20 something dudes with extensive action figure collections.
Have you ever actually seen a kickball game before you're making such judgmental and harsh claims? I mean I get it, kickball isn't for everyone, but why do you have to hate on the people that play when they're not doing anything to harm or hurt you?
1 - I'm not a dude, nor do I own action figures. The same could be said for many of the folks who play kickball, or at least in my league. In fact, I'd venture so far as to say that there are many strapping young men in kickball, many who play other "real" sports like soccer and football.
2 - Frisbee takes skill that I don't have. Kite-flying isn't really a group activity. I thought only old Italian men played bocce (plus, I'd assume, it would take a lot of expensive equipment, plus a court of some sort to play on). Plus, I think frisbee and kite-flying definitely qualify as games played by small children.
And that's the whole deal - why not play a kid's game? Why not enjoy something from your youth when you have to spend the rest of the week being an adult, attending meetings, and filling out TPS reports? We're playing an organized game, we're getting outdoors, we're meeting new people... what's so wrong about that?
There's a book about this, I just can't remember the name of it...
Can I sue someone over the color blue now? Seriously...WAKA needs to let it go. WAKA has more serious rules and is still a ton of fun. I have played in both leagues...and I choose to play wherever my friends are playing...but when it comes down to it...WAKA is more serious and DCK is all about fun and friends. It's all a fruitless game of kickball. It's for fun. It's not an enterprise!
GEEZ! What is wrong with people. Every city I have lived in (not just DC) has had multiple kickball leagues...and again, I played in both. It was never an issue there. Next thing I know, the WAKA in Richmond will be sueing the River City Sports and Social Club for its summer kickball league and around the country our playgrounds will be unsafe. What are we, five-year-olds?
If WAKA wins this, I would never support it! This is vicious and ridiculous.
"This just demonstrates how ridiculous the notion of "business practice" intellectual property patents and trademarks really are. Just because one person realized that it was possible to make money from a fairly silly business it doesn't mean they should have the right to prevent anyone else from competing with them in their little niche."
*sigh*
Nate:
1. We're talking copyright, not trademarks or patents.
2. There are no business practice copyrights or trademarks; however, business method patents exist. The kickball rules don't even pass the giggle test enough to be patented.
3. Copyright doesn't exclude competing kickball teams. All copyright says, is if you're Group B, and you want to set up a team, you can't substantially copy Group A's rules, at least not without their permission.
That being said, the lawsuit is silly. Unless the DC kickball folks substantially copied the creative parts of the WAKA rules, I have a hard time believing this case will go very far. Ideas are not copyrightable!
However, I do agree that this is the type of silly lawsuit that you'd only see in a town full of overpaid, powertripping lawyers.
In fact, I'd venture so far as to say that there are many strapping young men in kickball, many who play other "real" sports like soccer and football.
It's true, it's true; the current Captain and President of my rugby club was recruited by our former President while they were both playing kickball.
Since when is soccer a "real sport"?
I've never played in either league and while kickball on it's own is awesome, unless you're playing on asphalt with mailboxes and trees as bases, an almost non-existant baseline, and allowing hits above the waist it's not a kids game. Kids don't play with rules, they play to injure and win.
"I thought only old Italian men played bocce (plus, I'd assume, it would take a lot of expensive equipment, plus a court of some sort to play on)."
Bocce is awesome. And the only real equipment are the balls, which you can buy in the cheap plastic variety. A court is nice but not necessary. Can I start a bocce on the mall league?
Note: I am not a man, nor very old, and only slightly Italian.
Copyright infringement and Kickball just scratches the surface of how far out of hand IP has gotten. US Patent & Trademark Office has issued 150 yoga copyrights and over 2000 yoga trademarks for an ancient practice enjoyed by hundreds of millions of people.
A Big Stretch
By SUKETU MEHTA
Published: May 7, 2007, New York Times Op-Ed page
no links? in DCist. . . how lame
If adults can play frisbee, why not kickball? Would it be more quasi-extreme-sport respectable if it were "Ultimate Kickball"?
Pardon my confusion, but I thought 18 constitutes adulthood, or at the very least 21.
... none of which would be mistaken for games played by small children.
You mean the game where children feel compelled to correct everyone to mask their own shortcomings?
Junior - Team Red Rover
No . . . just your shortcomings
I've played in WAKA, and now play for DCKickball. I, like most of the sane people in the world, know how retarded this suit is. We in DCK, as well as NAKID and other leagues, don't need this crap. WAKA is basically just pissed that these other leagues are offering a better time for less money and more FUN.
Pinto - Team Lush
WAKA's idiocy and greed knows no bounds. Can I suggest a high-profile naming and shaming of the WAKA officials and litigator involved in this lunacy?
Isn't the real sport flip-cup anyway???
Companies that sue the competition instead of actually competing with the competition are almost always doomed to failure. If WAKA had devoted this much energy to serving and retaining its CUSTOMERS, there might never have been a DCKickball or a NAKID. (Again, the players -- even the WAKA-leaving founder of DCKickball -- are paying CUSTOMERS. They are not soldiers, servants, or employees.)
To use a kickball analogy: The play is at HOME, WAKA -- not at first base. Throw the ball to "home" (serving your own customers) instead of trying to make an out at some other base.
No . . . just your shortcomings
Ahhh, focused aggression toward someone you believe you're superior too. Thanks for clarifying.
I agree with those who characterized WAKA's actions as a litigious means to squash competition.
Before filing a lawsuit, I'm fairly sure WAKA's lawyers told them their case is a weak one in terms of prevailing in court, but nonetheless pursuing a lawsuit would be effective in bleeding out competition.
WAKA is expanding its scope in other cities and what better way to intimidate competition then by saying compete and we'll sue you and have more money to spend on lawyers than you do - nannie boo boo stick your head in doo doo.
This is, of course, absolutely ridiculous. Who the hell are WAKA to say that someone else isn't allowed to play a game? WAKA capitalized on a fun idea that had been going around for years, and then imposed restrictive rules and fees on an innocent kids game. Kickball rules are the same on playgrounds all across the country, and WAKA's gender and age requirements are lifted from hundreds of co-ed leagues in multiple sports. WAKA has been whining and claiming ownership like the shunned child on the playground from day one. Taking this to court is the not-so-grown-up version of running home to Mommy and tattling because you didn't get everything you want. It is also emblematic of WAKA's habitual misconstruing the privilege of having fun on the Mall as a right that they are somehow entitled to enforce.
In contrast to WAKA's pettiness, softball has been played on the Mall for decades, for the most part with a good-natured friendliness among all the players. When space is limited, it's commonplace for softballers to simply play games side-by-side, or back-to-back, or however everyone can fit in. Players just keep their heads up and look out for each other, with outfielders from different games playing alongside or in front of each other, overlapping their fields of play without any difficulty. Simply let the players in the neighboring games know when a ball's in flight, and step out of the way so they can make their play. Easy, friendly, and accomodating to everyone who enjoys some exercise on the nation's playing field. It actually adds an element of fun to the game when you have to improvise on the fly, and all participants simply chalk it up to the unique nature of playing sports on the Mall. Soccer cones already set up on the grass? No problem, just scoot home plate over 50 feet. Frisbee flying over 1st base? That's fine, just halt the action for 30 seconds and toss it back. Rugby, volleyball, flag football, field hockey, kite-flying, cricket -- all these coexisted for years without a hitch.
When WAKA showed up, however, suddenly all the good nature and cameraderie went out the window. "This is OUR field!" they cried when an errant throw might get past a fielder's glove and cross their foul line. "Stop trying to hit us!" they whined when a long fly ball bounced within 30 yards of their open field. "We have a PERMIT!" they'd yell if a soccerball interrupted their precious game. They even started calling Park Police and waving permit papers in people's faces to enforce their claim to a patch of grass. None of this petty divisive behavior was ever seen on the Mall before WAKA started being jerks. For decades it was all about having fun, getting some exercise, and being friendly to your neighbors out on the grass, regardless of your activity. WAKA came to the Mall and chose to join the others, playing in some already well-established surroundings, but then cried because the atmosphere they'd chosen didn't perfectly fit their sensitive temperament. Any thought of sensibly adapting to the environment upon which they had imposed themselves went out the window. MY field, MY game, MY ball, go away, I'm gonna tell on you. Kickball is, and can be, a great game (thank you, DCKickball and NAKID). WAKA, however, are selfish jerks.
Although it's silly and embarrassing to them, this lawsuit doesn't surprise me in the slightest. From their inception WAKA has imposed themselves on others and demanded that things operate their way, and they'll cry to the teacher whenever others don't comply. Here's hoping they get sent to detention for the rest of the school year, and for many to come.
Well said FairPlay. I knew I couldn't be the only one not to like the kickballers. I try not to associate but sometimes that is not possible.