One thing about Bonds is that he opted out of the MLBPA agreement for the use of his name and likeness in video games and sims, apparently assuming he could make more dough if the game companies dealt with him directly. Instead, MVP Baseball 2005 (for example) replaced him with a player named "John Dowd," who just happened to have identical stats. (Players who were once scabs, like Kevin Millar, get similar treatment since they aren't in the MLBPA.)

"One interesting wrinkle is that Major League Baseball appeared to take the argument's other side in 1996. When several major leaguers from the 1940's and 50's sued Major League Baseball over use of their names and statistics in materials like promotional videos and game programs, baseball argued that such use was protected by the First Amendment."

Fantasy leagues are similar to the news in that they aggregate current information. I often learn that players are on the Disabled List or called up from the minors from my Fantasy League team and not from conventional news sources. I think it's FLs are protected speech as long as they avoid images and logos.

If I could summarize it, it would be the quote of Lee Goldsmith above. Everything else is really a smokescreen.

So, when it comes down to it: can I produce a game that uses the "persona" of Jeter et al, without getting a licence to do so?

All other things are not in question. Creating a database or website of stats, or tracking someone's fantasy team, etc. The stats are public domain, and not in dispute.

Could I create a game and call it "Derek Jeter 2007", or "Yankees 2007"? No. Could I create a game and call it "Jerek Deter 2007"? Could I create a game and call it "Jerek 2007", but use Jeter's name and stats in unison?

Could I open a store and sell "Only Derek Jeter Jerseys"? Could I open a store and sell "Only Jerek Jerseys", and make it that it's only Jeter/2 jerseys?

It's all about how much control does someone have over their persona.