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Friday, June 30, 2006
Off for the Weekend
But now that we've got the weekend of the 4th of July, and family is in town, and with me working in the morning Saturday and Sunday, you won't see me posting here for the weekend. But don't fear, I am working on something now which could be kinda cool that hopefully I'll start next week.
So anyway, when there aren't any new posts for the weekend, don't worry, I'm ok!
MAXI RODRIGUEZ & MIGUEL ATTRACT THE BIG EUROPEAN CLUBS
SPANISH FOOTBALL NEWS & WEEKEND SPORTS
Thursday, June 29, 2006
Some final thoughts and predictions from the draft
Top Scorers as Rookies
1) Adam Morrison
2) Randy Foye
3) Brandon Roy
Kinda obvious, but that's how I see it, because these guys can score well, and they will get playing time. Morrison's strongest (or some might say only) strength is that he can score in so many different ways, and he will certainly get a chance for Charlotte, who I suspect will start him from day 1. In Minnesota, Foye should get lots of minutes with Jaric possibly on the way out, and McCants likely done for the year. In Portland, Martell Webster still realistically isn't ready to contribute much yet, so Brandon Roy should slide right in there and be a good player.
Top Rebounders
1) Shelden Williams
2) Tyrus Thomas
3) Paul Millsap
Like Morrison, Williams should step right in and play a lot of minutes, as he appears to be the most polished of the big men. The Bulls don't have a lot of depth up front, so Thomas should get his share of minutes and he is athletic enough to get the rebounds down there. At 3rd is Paul Millsap, taken by the Jazz in round 2. He led the NCAA in rebounds for 3 straight years, pulling down 13.3 per game last year. He can fla-out rebound, even if he won't see tons of minutes.
Top Assist Men
1) Randy Foye
2) Marcus Williams
3) Jordan Farmer
As I said with regards to scoring, Foye should get a lot of minutes which would allow him to lead rookies in assists despite his passing not being his greatest asset. Williams should get a fair amount of minutes behind an again Jason Kidd with bad knees, and Farmar should also be able to get good minutes because Smush Parker just really isn't that good. (another Laker piece: my thoughts go out to Lamar Odom after the tragic accident yesterday)
Gilbert Arenas Award (2nd rounder most likely to turn into a star)
Daniel Gibson - I don't necessarily think he will become a real good player in the NBA (in fact, I don't at all), but I think he's got the most chance if he can reach the potential he seemingly had after his first year at Texas. Coming into the year, he was looked at as a lottery pick at PG... and then it turned out he really couldn't play PG, he can't get to the rim enough, and his outside shot is inconsistent. But still, there was a reason he was so highly thought of, and if he can put things together and reach that potential, he can be a steal at 42.
Ryan Gomes Award (2nd rounder who has the best chance to step into a starting lineup in Year 1)
Paul Millsap - This all depends on what goes on with Carlos Boozer of course. But the last time Utah took a PF from La. Tech, that turned out pretty well. Now obviously Millsap isn't in the same stratosphere as Malone, but with his excellent rebounding and decent low post play, he can be a very effective player in the NBA.
Marquis Daniels Award (undrafted player that can make an impact)
I mentioned him yesterday, but I think Mike Gansey can be an effective NBA Player. He's not that athletic, but he's smart and quick defensively, and he's a very solid shooter. I still can't figure out how a guy like Danilo Pinnock gets taken over Gansey. And that's my story there.
Anyway, these are my final thoughts on the NBA Draft (although I reserve the right to have some more if I want!) What are your picks for some of these categories?
Larry Brown is Grieving

Brown claims he is owed $40 million, what he would have been paid under the contract. The Knicks claim he violated a term of the contract and thus is owed nothing. According to the Knicks, Brown gave “roadside interviews” that contradicted a contract provision. Knicks chairman James Dolan says Brown was fired “for cause.” According to a good summary of the events by the San Jose Mercury News,
Dolan is trying to get out of paying Brown the $40 million the Hall of Fame coach is owed, saying that Brown conducted roadside interviews without a public-relations official present. The Knicks also claim that Brown failed to return phone calls to team president Isiah Thomas and that he returned from the NBA predraft camp in Orlando one day early without authorization.Good luck to the Knicks, who will need it. One league official characterized Brown's supposed breaches as “minor”. Trivial is a better word. Let’s assume that the contract doesn’t say, “if Larry Brown gives a roadside interview the Knicks have no further obligation to pay” (if the contract does say that, Brown should sue whoever negotiated it for him). According to the Restatement of Agency, §409,
A principal is privileged to discharge before the time fixed by the contract of employment an agent who has committed such a violation of duty that his conduct constitutes a material breach of contract or who, without committing a violation of duty, fails to perform . . . a material part of the promised service . . . .The Restatement of Contracts, §275, defines materiality:
In determining the materiality of a failure fully to perform a promise the following circumstances are influential:Applying this law to Brown’s contract, the Knicks' claimed “cause” hardly seems sufficient to relieve the team of an obligation to pay the coach his due. The Knicks may also be done in by timing, since it’s widely believed that the decision to fire Brown (and replace him with Thomas) was made long before Brown’s supposed breaches.
(a) The extent to which the injured party will obtain the substantial benefit which he could have reasonably anticipated;
(b) The extent to which the injured party may be adequately compensated in damages for lack of complete performance;
(c) The extent to which the party failing to perform has already partly performed or made preparations for performance;
(d) The greater or less hardship on the party failing to perform in terminating the contract;
(e) The wilful, negligent or innocent behavior of the party failing to perform;
(f) The greater or less uncertainty that the party failing to perform will perform the remainder of the contract.
Like most of these disputes, however, a settlement is likely. The real question is, how much will Brown get? At sportbook.com, future traders expect Brown to end up with something, most likely between $10 and $20 million. “Betting is that he will get something, although considerably less, perhaps somewhere between $10 million to $19.9 million (2-1), or $30 million to $34.9 million (3-1), or $20 million to $29.9 million (5-2). At either end, the betting is 7-2 that Brown will collect either under $10 million or closer to what he might be owed, $35 million to $40 million.” The $20-$29.9 million bet would be my choice, although I wouldn’t put money on it.
Another quirky feature of Brown’s contract is that it specified that in any financial dispute with the Knicks, NBA Commissioner David Stern would arbitrate. Is anyone familiar with any other sports employment contract in which the league commissioner was named as the arbitrator of an individual contract dispute? This strikes me as odd. I’d also be concerned about a potential conflict of interest (since Stern works for the owners), although Brown has agreed to have the Commissioner arbitrate the dispute.
Brown will be represented at the arbitration by Washington DC’s Williams and Connolly, which has built a very impressive sports law practice over the last decade.
UPDATE (July 3, 2006): Yale Law School Professors Ian Ayres and John Donahue have a nice Essay in Sunday's New York Times on the parralels and distinctions between the Brown case and that of former Disney executive Michael Ovitz; I discussed that comparison back on May 16. Here's a juicy bit from the Ayres/Donahue piece:
The Cablevision Systems Corporation, which owns the Knicks, is certainly within its rights to terminate a coach or any other employee for cause if he or she has, in fact, materially violated contractual obligations. But the Knicks have been pursuing bad trades for years before Mr. Brown arrived. It seems a bit harsh to hold some of the latest failures as evidence of misconduct by Mr. Brown rather than simple misjudgments.
Mere incompetence generally does not amount to a material breach of an employment contract . . . .
FABIO AURELIO LEAVES VALENCIA FOR LIVERPOOL FC
Wednesday, June 28, 2006
SPANISH FOOTBALL TRANSFER RUMOURS & GOSSIP: CESC, KAKA, ROBBEN, TORRES & RAUL
Lots and lots of thoughts on the NBA Draft

Apologies in advance, because this might get very long. I suppose I should probably split it up into multiple posts, but I'll just put all my thoughts here. First, just some general thoughts:
- The NBA Draft is so much easier to watch then the NFL Draft because of the time factor. After sitting through 15 minutes per pick at the NFL Draft, only having 5 minutes between each pick is extremely nice.
- Here are some of the phrases used to describe players that I heard from Jay Bilas (more than once for each of them): 'Speed merchant.' 'Absolute scorer.' Huh? What the heck is a speed merchant? What's the difference between a scorer and an 'absolute scorer'? Those phrases don't have upside.
- The 'absolute highlight' of the night for me came right towards the end of the draft, when Fran Franschilla used this direct quote to describe the Spurs second round draft pick Damir Markota: "Big guy that can play away from the basket. Also runs and jumps." I heard he even has arms.
- While we're on the subject of Fran Fraschilla, I don't think it's right to call him a guru at anything. Even if he has spent like the last 10 years studying foreign guys.
- The draft was about 100x better when it was on TNT, and we got to listen to Chuck Barkley, EJ, and "The Jet." Instead, we got STEPHEN A. SMITH (in caps to symbolize the yelling that Smith does). As TrueHoop said, Greg Anthony was the most sensible guy on TV tonight. And that's not a good thing.
1. Toronto Raptors - Andrea Bargnani - As expected, Bargnani was the pick. I would have gone with Thomas myself, but this is a nice pick. The Darko/Skita comparisons are inevitable, but flawed. Bargnani is more polished, experienced, and has the better skill set. He should be able to contribute some off the bench in year 1, and he will be a solid NBA player.
2. Chicago Bulls - LaMarcus Aldridge (PICK MADE FOR PORTLAND) - I guess I don't really understand why the Blazers moved up to pick Aldridge, but that's neither here nor there. He is a solid player on both ends, and a good character guy, with further goes to help the Blazers image. If I'm the Blazers, and I need to get the fan base back, I think Adam Morrison may have been the better option there. But I do like Aldridge.
3. Charlotte Bobcats - Adam Morrison - From a basketall standpoint, I don't really like the move all that much. Gerald Wallace was their best player last year, and he happens to play the same position Adam Morrison does. I would have gone with Brandon Roy... not quite the scorer that Morrison is, but a better all-around game.
4. Portland Trailblazers - Tyrus Thomas (PICK MADE FOR CHICAGO) - Nice job by the Bulls, who trade down 2 sports, still get their guy and a guy whose last name is Kryhapa... now that's solid. As for Thomas, I've been saying he was #1 on my board. He brings much needed athleticism, and should be a nice piece in the rotation for a young and talented Bulls team. Bulls could be scary in a couple years.
5. Atlanta Hawks - Shelden Williams - For the second straight year, they passed on a talented PG. This year at least, the pick does do well to address needs - defense and rebounding. Atlanta was bad in both areas, so Williams, who may be the most NBA -ready player in the draft, should step in immediately and be a nice contributor. Although I do think that was a little high for him.
6. Minnesota Timberwolves - Brandon Roy (PICK MADE FOR PORTLAND) - Now this is a move I really like for the Blazers, who eventually wound up with Roy. A solid player in the backcourt that is ready to play and contribute immediately. Everyone's pick for ROY, especially Critical Fanatic, who had #1 on his board.
7. Boston Celtics - Randy Foye (PICK MADE FOR MINNESOTA) - If I were the Wolves, I would have held on to Brandon Roy instead, but that's just a minor complaint. I think Foye will be a very good player - he's got a decent outside shot, he can create his own shot better than anyone in the draft, he makes good decisions, and he plays good defense. In other words, he's a definite upgrade over Marko Jaric. Which isn't saying much, I guess.
8. Houston Rockets - Rudy Gay (PICK MADE FOR MEMPHIS) - And this is where things got really interesting. Although it can't be officially announced until sometime in July, all reports are that Gay is headed to Memphis in exchange for Shane Battier, which is a very interesting deal. On the one hand, I really like Gay (I had him above Morrison), he has loads of talent, and his game is suited to the NBA. On the other hand, McGrady's back isn't getting any better, and Battier is a lot better suited to help them win now.
Initial reactions were that Memphis got the better end of the deal. Although I heard Stephen A. saying the Rockets should have stuck with Gay because he is a better scorer, and that is what Houston struggled with last year... but that doesn't make too much sense to me. Of course Houston struggled last year offensively, because McGrady wasn't really himself all year. Actually, with Battier in the mix, I think Houston can potentially be a scary team if T-Mac is healthy. Look at Miami this year - they had a star Guard (Wade), a good but declining Center (Shaq), and a bunch of role players. Houston potentially has a star Guard (McGrady), a good and improving Center (Yao), and a bunch of role players. And I do think Battier is an underrated commodity - a guy that will play tough defense, contribute offensively in an efficient manner when called upon, play his hardest no matter the circumstances, and basically do whatever he needs to do to win. And he can hit an open shot, which he should get a lot of with T-Mac and Yao. If McGrady is healthy, the Rockets are a top 4 team in the West.
Of course, the one thing missing in the Rockets/Heat comparison is that Pat Riley is a far better coach than Jeff Van Gundy. But well, you can't have everything. I thought it was a pretty good deal for both sides, with maybe a slight edge to the Grizz.
9. Golden State Warriors - Patrick O'Bryant - Nothing really to get excited about here. O'Bryant can be a good center in time, but he's not at all ready to contribute right away. Jay Bilas said it best here - O'Bryant will either become a really good player or he'll be ok. At this pioint, speculation is just that, speculation.
10. Seattle Supersonics - Saer Sene - Supersonicsoul said it best: "Wait a minute, didn't we already draft this guy? Like four times? I guess you can never have too many 7-foot "projects" that no one has ever heard of." Absolutely, positively, the worst pick of the lottery. The Sonics have picked centers for like 4 straight years now, what's the point of drafting an African center that's at least 3 years off from doing anything in the NBA? How'd that DeSagana Diop pick work out for Cleveland?
11. Orlando Magic - JJ Redick - I liked Ronnie Brewer or Rodney Carney here because they can just do more things well than Redick can, but Redick's not a bad pick by any means. At the very least, he should help in the development of Dwight Howard and Darko because he'll open up the floor for everyone else. Still, a little high for a one-dimensional player with a bad back.
12. New Orleans Hornets - Hilton Armstrong - Not much to say about this one. We pretty much know what Armstrong can do - block shots and rebound, and what he can't do at this point - contribute much if anything offensively. But hey, if you're looking for a good defensive center, Armstrong's the best option in this draft after Shelden Williams.
13. Philadelphia 76ers - Thabo Sefolosha (PICK MADE FOR CHICAGO) - After this pick was made, and I thought it was for Philly, I became almost depressed (which my sister can definitely confirm!!), but then immediately brightened up when I found out they made the pick to trade it for #16. I'll admit I don't know a lot about Thabo, but I think Brewer would have been the better option.
14. Utah Jazz - Ronnie Brewer - I really like this pick for the Jazz. They're a solid team now, but Brewer should provide nice athleticism, defense, and scoring for them. A backcourt of Deron Williams and Ronnie Brewer to go along with a nice frontcourt (Kirilenko, maybe Boozer, Okur), and the Jazz are once again on track for the playoffs.
15. New Orleans Hornets - Cedric Simmons - I would have thought New Orleans would have gone with Rodney Carney here to provide Chris Paul with another running mate, but they decided to go big again. With PJ Brown aging, and David West already in place, the Hornets will have some great depth and talent in the frontcourt after drafting Armstrong and Simmons.
16. Chicago Bulls - Rodney Carney (PICK MADE FOR PHILADELPHIA) - I was so close to getting my wish, but I guess it wasn't meant to be. But I'll admit, if you had told me before the draft that the Sixers would get Carney, I wouldn't really have been disappointed. Carney is potentially a lockdown defender, a "world-class athlete" (thanks Jay Bilas), and a pretty good shooter. Sure, he has shortcomings - he doesn't have much of a midrange game and he's not all that great at creating his own shot off the dribble, but paired up with Andre Iguodala, and you're looking at one of the most athletic wing combos in the NBA. Keep AI around, and now this is a real fun team to watch.
17. Indiana Pacers - Shawne Williams - I think Williams has the potential to be a nice player in time here, but I'm puzzled as to why they passed on Marcus Williams. Jamaal Tinsley is not a good PG, and Marcus Williams would have been a nice fit, especially since the Pacers took Danny Granger last year. Regardless, Larry Bird said he thinks S. Williams can develop into a 4, and if he can, then it's a better pick. Although the Pacers did just love Peja to free agency, so this is not a bad pick by any means, but I think Marcus would have been a much better option.

19. Sacramento Kings - Quincy Douby - Another team that could have potentially used Williams, but I do like Douby, especially since Bonzi Wells is likely gone. Douby looks a lot like Leandro Barbosa to me, a combo guard that can score in bunches off the bench. And we saw how effective Barbosa was off the bench this year for Phoenix. I like the pick.
20. New York Knicks - Renaldo Balkman - Pass. Sometimes Isiah makes it too easy.
21. Phoenix Suns - Rajon Rondo (PICK MADE FOR BOSTON) - Ok so let me get this straight, the Celtics trade for Sebastian Telfair before the draft, they already have Delonte West, and now they take another PG? I heard a rumor that they might have gotten this because Philly liked Rondo, and it's more things that Boston could have in a potential trade for Allen Iverson, and my only reaction to that is: Please God no. Rondo does some things well: like play defense, rebound as a guard, and get to the hole. But he can't shoot. Like at all. And that's pretty important.
22. New Jersey Nets - Marcus Williams - Great, great, great pick for the Nets. With Ason Kidd (he's still got no J) slowly dying at PG, an eventual successor/guy to reduce Kidd's minutes was needed, and the best PG in the draft fell into their laps. Other than the fact that Williams obviously won't be starting, it's a great situation for him - uptempo team, great wing players etc. That's exactly what Williams thrives in.
23. New Jersey Nets - Josh Boone - A little high for Boone, but he's what the Nets needed. A good defensive and rebounding big man. I'm not a big fan of Boone, but I can't argue with the pick.
24. Memphis Grizzlies - Kyle Lowry - Great pick for the Grizz. Maybe the toughest player in the draft. Very good defensively, great rebounder for his size, and a guy that won't complain if he doesn't get too shoot all that often. Jerry West hasn't had the greatest drafts the past few years, but coming down with Rudy Gay and Kyle Lowry is a pretty impressive haul here.
25. Cleveland Cavaliers - Shannon Brown - Another nice pick. Brown's another of those athletic guards, with good shooting range, and the ability to help Cleveland out right away. I might have gone with a PG here, because Snow/Jones combo isn't all that frightening, but Cleveland has to be pleased that Brown fell to them here.
26. LA Lakers - Jordan Farmar - As a UCLA fan, I love Farmar's game and what he does, which is why I like this pick for LA. The numbers don't really jump out, but he's a solid, heady player and good leader who will do what he has to to win. Last year the Lakers had Smush Parker at PG, and that basically cost them the series against Phoenix. If Farmar can step in, he'll create depth in the backcourt and another option in the triangle.
27. Phoenix Suns - Sergio Rodriguez (PICK MADE FOR PORTLAND) - Ah yes, "Spanish Chocolate." The bad news is that he's not ready for the NBA year. The good news is that with Blake and Jack at PG (and Roy can step in there), he doesn't need to be. A nice value pick.
28. Dallas Mavericks - Maurice Ager - Ager's a nice player, but I just don't see how he's going to get minutes. With Jerry Stackhouse, Josh Howard, Adrian Griffin, and Marquis Daniels basically playing the same position as Ager, I'm hard-pressed to believe he has any shot at cracking the lineup next year.
29. New York Knicks - Mardy Collins - From Chad Ford: "Mardy Collins? He doesn't have a position, is a below average NBA athlete, and he can't shoot. And he's the Knicks' sixth combo guard. Let's just get it over with -- Isiah's getting an "F." I don't think the pick's quite that bad, but let's face it, this wasn't one of Isiah's best days.
30. Portland Trailblazers - Joel Freeland - Another guy with potential that the Blazers can just keep overseas for a while. For all the mockery the Blazers took from all the trades, I do like what they did.
Other quick thoughts:
- Really like the Steve Novak pick for Houston early in Round 2. He's not athletic at all, but he can shoot the lights out, and when he's playing he should plenty of open looks with T-Mac and Yao.
- How does a guy like Danilo Pinnock get drafted bu Mike Gansey and Kevin Pittsnogle do not? I'm as big on athleticism as anyone else, but Pinnock is better suited to contribute than more skilled players like Gansey or Pittsnogle? Really?
- As a Sixers fan, I appreciate the deal for Bobby Jones. The Sixers was atrocious defensively last year, and Jones is a hard-nose defensive player. Can't have enough of those types of guys.
- A lot of people really like the pick of Daniel Gibson to the Cavs at 42, but I'm not a big fan of Gibson. Not to harp too much about Gansey, but well, I didn't see much from Gibson that makes me think he's better than Gansey.
- The other 2 second-round picks I thought were superb were the Clips taking Guillermo Diaz at 52 and the Nets taking Hassan Adams at 54. Both of these guys are talented, athletic, and can play on both ends of the floor, and both can contribute soon (especially Adams)
- I think that I do think a lot more things about the draft, but by this point (actually that point probably came a long time ago) you don't want to read anymore. So I'll stop right now!
Indiana Court Declines to Extend Co-Participant Sports Tort Standard to Jet-Skiing

Applying a recklessness standard to any use of a jet ski in order to encourage vigorous participation is neither a legitimate nor necessary policy goal. Moreover, the nature of jet skiing does not present the same potential for a flood of litigation as do certain contact sports. Jet skiing simply does not raise the concern expressed in Mark that if "simple negligence were to be adopted as the standard of care, every punter with whom contact is made, every midfielder high sticked, every basketball player fouled, every batter struck by a pitch, and every hockey player tripped would have the ingredients for a lawsuit if injury resulted."This holding is contrary to that reached by several California courts, which have held that water skiing, tubing, and jet skiing constituted sports as to which "primary assumption of risk" barred actions for mere negligence. See, e.g., Ford v. Gouin, 11 Cal.Rptr.2d 30 (Cal. 1992). In that case (which served as the basis for one of my Sports Law exam hypos this spring), California's Supreme Court reasoned that
[i]mposition of legal liability on a ski boat driver for ordinary negligence . . . likely would have the same kind of undesirable chilling effect on the driver's conduct that the courts in other cases feared would inhibit ordinary conduct in various sports.Should courts be worried about chilling vigorous jet skiing?
Big Logos at the Big W

Underneath it all, Nike and Adidas are waging a legal battle over permissible logos. Tennis' governing bodies restrict the size of company logos on players' clothing. (See p. 209 0f the ATP Code of Conduct.) The idea is to prevent the NASCAR-ization of professional tennis players.
Nike and others have argued that Adidas clothing violates the rules because its three-stripes logo appears along an entire sleeve or side of a shirt. They claim that in turn, they should be permitted to place Swooshes on an entire back or sleeve of a shirt (a strategy it briefly employed through its endorsee Rafael Nadal a few years back.)
This battle began in 2004 when Nike, Reebok and Puma complained to the IOC that the athletes' warm-ups, by containing the three-stripes in the design, unfairly contained a manufacturer's logo beyond the permissible size under IOC rules. The IOC informed Adidas that its three stripes would be limited in the next Winter Games. The battle then shifted to tennis. As a result of discussions between the manufacturers and tennis' governing bodies, the Grand Slam Council (which controls the Australian Open, Roland Garros, Wimbledon and the US Open) informed Adidas that its three stripes would constitute a manufacturer logo subject to limited size. The ATP Tour (men's tennis) and WTA Tour (women's tennis) adopted similar positions. Adidas countered that the interpretation violated EC law because itdiscriminatedd against them and had been unfairly applied. The case is set to be tried in October, 2006.
Adidas recently obtained its own injunction relieving it from the restrictions during Wimbledon and the US Open. The litigation will be interesting to follow. Insiders comment that Nike has long envied Adidas' logo for its corporate reference and its design effect. Readers of Swoosh: The Unauthorized Story of Nike and the Men Who Played There and Just Do It: The Nike Spirit in the Corporate World (both recommended!) will recall that the early Nike execs chose the Swoosh for its connotation of speed, but envied the fact that Adidas' logo also was part of the design of the shoe -- the three stripes provided support and identified the company.
In time, it has clearly become a logo, despite the fact that it originated in design. It will be interesting to see what arguments Adidas makes in support of the design necessity of three stripes as they apply to shorts and shirts. One they seem to already be making is that other manufacturers, including Nike have used design elements repeatedly in their clothing that provides secondary meaning for their company.
Although tennis has more important issues to address as a sport, time, money and effort will be spent in the next year as this issue is litigated. The outcome should be interesting.
Players Sue NFLPA Over Failed Hedge Fund Investment
The players’ allege that the union should be blamed because it was aware that Mr. Wright’s partner had financial / tax trouble (and had liens against him) at the time the union certified Wright as a financial advisor. I can’t find the complaint itself, but what this argument seems to boil down to is a sort of “negligent certification” claim. The NFL views the lawsuit as unfounded and so do I. Unless there is some way to get the NFLPA on a securities law suitability claim or that the NFLPA is an unregistered investment advisor, the players will face an uphill battle.
The leading negligence case by an athlete against his own union is Peterson v. NFLPA, in which the court found for the NFLPA in an athlete’s claim for misdirecting him to an “injury grievance” procedure when he ought to have filed a “non-injury grievance.” The court explained:
A union breaches its duty of fair representation only when its conduct toward a member of the collective bargaining unit is "arbitrary, discriminatory, or in bad faith." . . . The Supreme Court has long recognized that unions must retain wide discretion to act in what they perceive to be their members' best interests. . . . A union's representation of its members "need not be error free." . . . We have concluded repeatedly that mere negligent conduct on the part of a union does not constitute a breach of the union's duty of fair representation. . . . [A] union's unintentional mistake is "arbitrary" if it reflects a "reckless disregard" for the rights of the individual employee, but not if it represents only " simple negligence violating the tort standard of due care."There’s certainly no claim that the NFLPA intentionally recommended a bad investment. Is recommending an investment manager knowing his partner has financial troubles reckless? That is, does it constitute a knowing and conscious disregard of a substantial risk of serious harm? That seems unlikely. The union’s role in certifying investment advisers is limited. The union is not recommending particular investments, simply certifying that an adviser is what he says he is. According to the Regulations of the NFLPA Financial Advisor program,
The first step is that financial advisors have appropriate qualifications to be eligible to participate. Background checks and due diligence will be performed to ensure that financial advisers meet our eligibility standards. Secondly, by joining the Program, all financial advisors agree to abide by rules which are designed to both protect and inform our players.While I might tone down some of this language were I the NFLPA’s counsel, it seems clear that the union is not certifying the quality of investments or assuming the risk of theft of client funds by investment advisors. Under the deferential Peterson standard, while the union’s certification of Wright might be “error,” it is hardly malicious or arbitrary.
The sad thing about this case is what it might do to this program. The NFLPA was the first union to recognize that many players and retired players were making incredibly poor investment decisions and dooming themselves to a life of post-retirement financial insecurity. If this case has any traction whatsoever, it might lead the NFLPA to walk away from the program, and could certainly deter other player unions from following the NFLPA’s lead.
SPAIN - WORLD CUP. THE ANALISIS OF THE END OF A CYCLE
Tuesday, June 27, 2006
NBA Mock Draft: The Lottery
1) Toronto Raptors - Andrea Bargnani - If they don't trade the pick, I think Bargnani is the guy, especially with the hiring of the GM of Bargnani's old team as the Raptors assistant. He's being compared to everyone from Dirk to Darko to Skita (all wrong), but he seems to be more like a Vladimir Radmanovic with a better inside game. I have no idea how ready he is to play right away, but he'll be a very nice player in the NBA with his inside/outside game.
2) Chicago Bulls - LaMarcus Aldridge - I think this pick will probably be either Tyrus Thomas or LaMarcus Aldridge, judging by everything I've read. I like Thomas more, I think Aldridge will be the pick, as he is the more "true" center and probably a little more ready to contribute on the offensive end, although Thomas is the more athletic player and better defender.
3) Charlotte Bobcats - Rudy Gay - As John Hollinger said in his chat, the fact that the Bobcats are looking mainly at Gay or fellow SF Adam Morrison is a little baffling, becuase Gerald Wallace was actually their best player last year, and he just so happens to play SF. I think Brandon Roy would be a great fit here, and while I'm not fully convinced they'll pass on Roy, Gay looks more and more like the pick here.
4) Portland Trailblazers - Adam Morrison - Morrison seems to be the choice here if he falls here, because he fits a need and he's the most popular player in the draft from a fan's standpoint. And he is a great scorer, but I'm not sure his all-around game measures up to being the #4 pick, but well, I have no say in it. LaMarcus Aldridge is also a possible pick here if he's on the board.
5) Atlanta Hawks - Shelden Williams - From all reports around the web, Williams is going to the Hawks, whether it's here or if it's involved with a trade. I'm not in love with this pick, and I think they should go with Marcus Williams, but S. Williams is a polished player, very good defensively (although he has a propensity to pick up fouls), and can contribute right away. Or at least, that's what Billy Knight will say.
6) Minnesota Timberwolves - Tyrus Thomas - Thomas does play basically the same position as Kevin Garnett, but I think the Wolves would really like Thomas to fall to #6. Both players are so athletic that I think you can player Thomas/Garnett at the 4/5 and not really give anything up on either end of the floor. Randy Foye is also a definite possibility here, as is Brandon Roy if he's on the board, but I think Thomas or Aldridge will be the pick if they're still on the board.
7) Boston Celtics - Brandon Roy - It's been pretty impossible to get a read on what the Celtics will do here, leading me to believe they'll just take the best player available, regardless of position. Roy would be a great fit, he can play multiple positions, and he's the most ready-to-play guy of anyone in the draft.
8) Houston Rockets - Randy Foye - The Rockets are praying for Brandon Roy, but I don't think you can be too disappointed with Foye. Foye's an excellent player on both ends. He can create his own shot (which can't be said for anyone in Houston except T-Mac), he doesn't have health problems (a la JJ Redick), and he's a good defender. With T-Mac and Yao, he wouldn't have to do a whole lot, and that'd be ok.
9) Golden State Warriors - Patrick O'Bryant - I've seen more talk lately about the Warriors possibly leaning towards taking a guy like Rodney Carney here, but I think they wind up taking O'Bryant. He's a bit of a project, but the Warriors do have Ike Diogu looking to get more minutes as well, so they wouldn't need O'Bryant to play a whole lot right away. His stock has been soaring, so much so that it wouldn't shock me if a lot of teams look at him as the best C prospect in the draft.
10) Seattle Supersonics - Cedric Simmons - I think the Sonics will be happy if either Simmons or O'Bryant falls to them here at 10. Simmons doesn't have a great offensive game, but he's a very solid defensive player, and very athletic, which is basically what Seattle needs, since they sucked defensively. I think this is a little high for Simmons, but it'd be a solid pick for the Sonics.
11) Orlando Magic - Ronnie Brewer - There's been some talk that the Magic might target a shooter like JJ Redick, but I think the multi-dimensional Brewer is too good to pass up here. Brewer's an excellent defensive player, a decent shooter, and he can play a couple different positions, which makes him a good fit on a young, emerging team like the Magic. Really nice pick here for Orlando if they make it.
12) New Orleans Hornets - Rodney Carney - Carney is not great at creating a shot for himself, but that's ok becuase he does lots of other things very well. He's a solid spot-up shooter, he can get out on the break better than anyone else in the draft, and he can be a lockdown defender. On a team with Chris Paul, this would seem to be a perfect fit.
13) Philadelphia 76ers - Marcus Williams - I've written at length about Marcus Williams, so if you read any of that, you'll know I think this would be a great pick here for my favorite team, and this would pretty much make the draft cool no matter what else happens!
14) Utah Jazz - JJ Redick - Talk has been more persistent about the Jazz going after a big man like Hilton Armstrong or Saer Sene, but in the end, I think they go with the shooter. I have grave doubts about Redick's ability to consistently produce in the NBA, but he is a great shooter, and for that reason, I think the Jazz will take him here with the final pick in the lottery.
And that's all for me. Of course, I'll have all my reactions up late after the draft, so be sure to check back then. For more draft coverage, check out Critical Fanatic's breakdowns of each position, and watch the draft on Wednesday night!
Peter Gammons Suffers Brain Aneurysm

I walked the streets of Manoguyabo, Dominican Republic, with Pedro Martinez and viewed the churches, school, athletic complex, day-care center and houses that he built for poor people in his hometown. I was not far from Fidel Castro when he stood for the American National Anthem at attention, his hat across his heart because baseball came to Havana in 1989. I remember George Bush strode out toward the mound at Yankee Stadium before the third game of the 2001 World Series, weeks removed from the World Trade Center attacks, and turned and said to Karl Ravech and Harold Reynolds, 'We are among the 55,000 people who just experienced one of the great chills of anyone's lifetime.' When Bud Selig asked us to embrace the World Cup, it's not T-shirts in Taiwan. It's about celebrating that baseball, more than any sport, is who we are. It is reflected in our immigration patterns, our history because we're all immigrants. We should want the world to see us not for our politics, not for our business, but for baseball as our metamorphic soul, inclusive, not exclusive, diverse, not divisive, fraternal, not fractionalized.Gammons may very well be the best sports journalist in my lifetime. Whether you agree or disagree with him, he's always interesting, and that alone separates him from everyone else. I'm looking forward to reading more of his work. Get well.
WORLD CUP: SPAIN 1 - FRANCE 3. HISTORY REPEATS ITSELF
The Role of Race and Culture in how Fans Regard the NBA Draft Age Limit and Dress Code

Here is an excerpt from Maese's column:
The dress code was silly, but this age-restriction rule is more absurd.During the interview, I made one other point and it concerned David Stern. I noted that Stern is doing what any good commissioner is supposed to be doing: he's trying to maximize revenue for the league by appealing to fans' wants. So when we talk about the NBA pushing for a dress code and age limits, we're most likely talking about the league responding to what it perceives as in its best financial interests--a form of business behavior which, in and of itself, presents nothing nefarious."Just compare it to other sports," says Michael McCann, a law professor at Mississippi College School of Law. "It begs the question, why do we have this in certain sports but not all of them? Why not for golf, tennis, baseball, hockey, any of these sports?"
League officials believe the new rule will improve the quality of play, but excluding 18-year-olds is just another example of the NBA exerting control over its players. But there's no justifiable reason for an age restriction. I happen to like the idea of an 18-year-old choosing to play college ball, but I recognize that it's not always in the best interest of the player. And I also realize that it shouldn't be solely Stern's decision to make.
McCann is vested in the topic. He was a part of Maurice Clarett's legal team when the football player unsuccessfully tried to challenge the NFL's age-restriction rule two years ago.
"Generally speaking, people ... go to college, we mature and we look back at it all as a good life experience," he says. "There's this empirical view that people who go to college do better in life. But we can't mistake the experiences of athletes with the experience that the rest of us have. It's a radically different world. There's a disconnect that we must recognize.
"You also wonder if there's a race issue," he continued. "This all goes to an underlying stereotype of what we think about urban African-American men. There may be a preconceived stereotype that they need to be in school. The facts, though, at least for basketball players, actually suggest the opposite. School isn't necessarily the best answer for everybody."
Before we get to that, you must first accept that this is, in fact, a black-white issue, as uncomfortable as that may seem. Of the 46 prep players who've been drafted since 1995, only one was white. So it's not hard to make a case that the age-restriction rule specifically targets 18-year-old black men.The NBA sold the public on the rule based on the idea that these young athletes would be better served by at least one year of college seasoning - a preposterous notion from the beginning.
McCann studied American players over the past 15 years. He found that 41 percent of NBA players attended college for four years; the percentage of NBA players who attended college for four years and were later also arrested for some sort of misconduct was much higher - 57 percent.
Among those who skipped college, the number of arrests was disproportionately low - 8 percent of the players in the study did not attend college, but only 5 percent of those arrested skipped school.
So who exactly is more mature and equipped to handle the real world?
And who exactly is served by these age restrictions? Not the pro teams. Not the college teams. And certainly not the players. The only guess I can muster is the fan, the guy who can afford tickets and expensive merchandise, yet has trouble identifying with a culture, an athlete and a lifestyle to which he can't relate.
But that behavior only begs a question: Why do fans want a dress code and why do they want age limits? What do those fan desires say about them, about us? And at what point do stop deferring to "business reasons" and start asking the harder, underlying questions?
Update: Dick Vitale--previously the most ardent critic of high schoolers jumping straight to the NBA--has done a 180 and now believes that high schoolers should be able to enter the NBA. Wow, I'm almost speechless, although in fairness, he did have some reservations about the blanket, absolute age prohibition back in April 2005.
DC Power Lawyer Golf Handicaps

7. Fred Eames, Partner, Hunton & Williams (2.0)Although I think there’s little doubt that being decent can be good for one’s legal career, I wonder whether a client should really be excited to hire a good golfer as a lawyer. Maybe this is just the jealously of a duffer talking (my uncle once joked that he would file an environmental impact assessment the next time we went golfing together), but isn’t a low handicap a sign that one spends a lot of time on the links? And, therefore, not as much time doing legal work? I suppose that one might extrapolate from a good golf game to grace under pressure, which is certainly a good quality for a litigator or a dealmaker.
17. Spencer Prior, U.S. Attorney’s Office (4.0)
51. Tim Jenkins, Attorney, O’Connor & Hannan (9.2)
94. Sandra Day O’Connor, Ret. Supreme Court Justice (12.8)
98. Larry Gage, Partner, Powell Goldstein (13.1)
103. Robert Mueller, FBI Director (13.9)
104. John Roberts, Supreme Court Justice (14.5)
122. Mike Hammer, Partner, Wilkie Farr (15.4)
126. Alberto Gonzales, Attorney General (16)
172. John Quinn, Partner, Piper Rudnick (22.3)
188. John Paul Stevens, Supreme Court Justice (25.2)
Former NCAA Golf Champion Fred Ridley told the WSJ’s Law Blog, “The law profession is not a really great profession for being a great athlete. If you’re going to be a good lawyer, you’ve got to dedicate a lot of time to the profession.” If you want to be a good golfer, “you need to be in the insurance business or something.”
School Recess is Becoming a Thing of the Past

Banning games at recess is a disturbing trend. I can remember having much more recess time when I was in school, and we played both tackle and touch football. In addition to the benefits of physical development and exercise, we learned many valuable things that simply can't be taught in the classroom -- including how to compete; how to compromise and resolve disputes on your own; how to form your own rules and play within them; and how to deal with adversity.
According to the article, educators worry about kids running into one another and getting hurt. Granted, this is a valid concern when educators are supervising the children while away from home and are responsible for ensuring their safety. But using a typical risk-utility analysis, the risk and extent of possible injury on the playground is simply outweighed by the high utility, benefit and value associated with children playing games at recess. While banning tackle football might be justifiable, banning touch football, tag and soccer is simply not.
So I write this with the purpose of making parents aware of this trend, and you can make your own determination as to its level of importance. If nobody complains, schools will most likely continue to ban more activity at recess, and will most likely ultimately ban recess altogether. While most parents will be requesting that their child have a laptop, I'll be requesting that recess time be extended and the games permitted.
WORLD CUP NEWS.SPAIN v FRANCE
SPANISH FOOTBALL TRANSFER RUMOURS & GOSSIP - MORE INCREDIBLE NEWS
Putting my stock in Marcus Williams

Basically, I think he's going to be a really good player in this league, and one of the top 3 to come out of this draft. He is the #1 PG on Critical Fanatic's Board, but accoring to most mocks I've seen, he'll be coming off the board sometime in the mid to late lottery. Heck, Chad Ford has him falling all the way to 17! This, my friends, is not right.
Well, he he will be coming off the board sometime in the mid-to-late lottery, but I don't see why he should fall past Atlanta at 5.
Let me explain.
For one, and what I like most, is that he has unbelievable vision off the break. Playing with a bunch of studs at Connecticut, he always put the ball where it needed to be at the right time, which resulted in lots of easy baskets for guys. This showed in the stat line, as he averaged a NCAA leading 8.6 assists per game in 33.3 minutes a game. I wrote a long time ago (or at least it feels like a long time ago!) that Williams can control games without scoring, and that's why I think he's a lot like Steve Nash in many ways. He's such a good passer that often he doesn't even need to score.
Another thing I like is that the outside jumper is improving. He shot a solid 40% from beyond the 3-point line last year, and he's a great FT shooter, shooting 86% last year and being pracitcally automatic from there at the end of games. He's not a great finisher at the hoop at this point, but he's got a very nice floater, or touch shot in the line. In addition, he's got a nice pull-up jumper from the mid-range.
If you watched UConn in the NCAA Tournament, you know that it was often Marcus Williams that kept them in ballgames late with clutch jumpers and drives. He can get it done all 40 minutes.
Like everyone, he does have negatives. He's not that great off the right hand, but he's getting better there. His jumper still isn't that good yet. He's not a defensive standout. Most importantly, he can become turnover-prone and try to do too much if he gets into a half-court game. That's why I think it's important for him to get on a team that plays at a high tempo. And of course, there's always the baggage that he carries after the stolen laptop incident.
But mark it down, if he can stay out of trouble, he's going to be an excellent PG. And the prospect of him falling to Philly at 13 makes me positively giddy.
Monday, June 26, 2006
WSOP Begins Today

The World Series of Poker begins today. Most ESPN watchers have seen only the “Main Event”, which does not begin until July 28. Someone in Bristol must read the Sports Law Blog, because three weeks after I complained about the delay between the event and its appearance on ESPN, the network announced that it would offer the August 10 final table of the main event live on pay-per-view. This is an interesting development, since the pay-per-view broadcast will be unedited. Some observers have expressed concern that a live unedited broadcast – particularly if players’ “hole cards” are shown on TV – might allow players to obtain information about the recent moves made by their opponents (by having a friend at home call in that information).
The success of broadcast poker – on ESPN and numerous other channels – has inspired the network to consider other “pseudo” sports. Darts, billiards, and even spelling bees, have appeared or will appear on the network, although such events likely don’t and won’t attract much of a following or generate as much buzz as poker.
ESPN is not the only “sports” medium in which non-athletic events have gained traction. A few years ago, supporters and fans of another high-strategy card game, Bridge, began to seek recognition of that game as an Olympic Sport. The supporters believed they’d have better luck getting the card game recognized as a Winter event, given the already-crowded summer schedule. In 1998, the Bridge-as-Olympic-Mind-Sport movement gained an influential supporter, the President of the International Olympic Commission, as the New York Times reported here. However, efforts to get Bridge at the Turin Olympics stalled after several players failed drug tests.
During the Athens Olympics, a tongue-in-cheek web site surfaced, arguing that poker should qualify as an Olympic event. It turned out that the site was part of a cleverly disguised ad campaign for Full Tilt Poker, designed to evade restrictions on broadcast advertisements for gambling sites.
But would a more serious poker-in-the-Olympics movement succeed? Ignore for the moment the question of whether poker is a “sport.” The Olympics aren’t just about “sports,” in the classic ball-on-grass sense. Competitions with greater mental than physical components are now recognized as legitimate Olympic events (one web site explains, “Some examples of mental sports include: archery, canoe/kayak, equestrian, fencing, sailing, shooting, and table tennis”). If Bridge has a case for inclusion, why not poker? Of course, Poker is perhaps a game with less of an international following than bridge (or at least, the Texas Hold ‘Em form dominant in this country in the post-Moneymaker era).
For regular (spoiler warning) coverage of the WSOP tourney, I’d suggest the Poker Prof’s Blog.
New Sports Law Scholarship this Week
Gordon A. Martin, Jr, How it all began: the move to drug testing, 40 NEW ENGLAND LAW REVIEW 705 (2005-2006).
Will Carroll, The real story of baseball’s drug problems, 40 NEW ENGLAND LAW REVIEW 711 (2005-2006).
Denise A Garibaldi, The challenge and the tragedy, 40 NEW ENGLAND LAW REVIEW 717 (2005-2006).
Chip Dempsey, Steroids: The media effect and high school athletes, 40 NEW ENGLAND LAW REVIEW 731 (2005-2006).
Tracy W. Olrich and Mario J. Vassallo, Running head: psychological dependency to anabolic-androgenic steroids; exploring the role of social mediation, 40 NEW ENGLAND LAW REVIEW 735 2005-2006).
Cameron A. Myler, Resolution of doping disputes in Olympic sport: challenges presented by “non-analytical” cases, 40 NEW ENGLAND LAW REVIEW 747 (2005-2006).
Rick Collins, Changing the game: the congressional response to sports doping via the Anabolic Steroid Control Act, 40 NEW ENGLAND LAW REVIEW 753 (2005-2006).
Brian R. Cook, Dealing with the devil: “a commentary,” 40 NEW ENGLAND LAW REVIEW 765 (2005-2006).
Wm. David Cornwell Sr., The imperial Commissioner Mountain Landis and his progeny: the evolving power of commissioners over players, 40 NEW ENGLAND LAW REVIEW 769 (2005-2006).
Lisa Pike Masteralexis, Drug Testing Provisions, an examination of disparities in rules and collective bargaining agreement provisions, 40 NEW ENGLAND LAW REVIEW 775 (2005-2006).
Lewis Kurlantzick, Is there a steroids problem? The problematic character of the case for regulation, 40 NEW ENGLAND LAW REVIEW 789 (2005-2006).
Matthew J. Mitten, Drug testing of athletes—an internal, not external matter, 40 NEW ENGLAND LAW REVIEW 797 (2005-2006).
Paul Weiler, Renovating our recreational crimes, 40 NEW ENGLAND LAW REVIEW 809 (2005-2006).
Paul H. Haagen. The players have lost that argument: doping, drug testing, and collective bargaining, 40 NEW ENGLAND LAW REVIEW 831 (2005-2006).
FERNANDO TORRES: CHELSEA F.C PREPARE AN OFFENSIVE.
Sunday, June 25, 2006
NBA Draft: Top 5 Prospects at Each Position
Point Guard
1. Marcus Williams
2. Randy Foye
3. Jordan Farmar
4. Rajon Rondo
5. Kyle Lowry
I've written before about how much I like Marcus Williams, so it's no surprise I have him at #1 here (heck, I might even devote a whole column to him in the next couple days if I'm abitious enough). Basically, I love his game and the mere prospect of him falling to Philly at 13 makes me giddy. After that, Foye's the guy. Foye's tough, a scorer, and should be able to handle the ball well enough in the NBA. After that, some guys (here's looking at you Chad Ford) love Rajon Rondo's game, but I like Farmar a little more, though I may be biased. I just think he's a much better shooter than Rondo, which is why I'd go with him. Rondo and Lowry are both hard-nosed defensive players without a great offensive game. I think both will be solid pros.
Shooting Guard
1. Brandon Roy
2. Ronnie Brewer
3. JJ Redick
4. Shannon Brown
5. Quincy Douby
Everyone's favorite Brandon Roy is up at top because of his versatility and all-around game. After that, I'd take Brewer over Redick because Brewer is much more athletic and about 50x better defensively, even though Redick's obviously got the better shot. I think Shannon Brown is athletic enough to overcome the fact that he's only about 6'3'', because he can score off the dribble or from the outside. At #5, I put Douby just barely over Guillermo Diaz because of the deft shooting touch.
Small Forward
1. Rudy Gay
2. Adam Morrison
3. Rodney Carney
4. Shawne Williams
5. PJ Tucker
Yes, it's true, I like Gay more than Morrison. Morrison's the better scorer, but he doesn't do anything else real well. He's not a good defender, and not a great rebounder or passer. I think Gay has the better all-around game, and I think money's enough of a factor to keep him motivated. At 3 and 4 I'll go with the Memphis guys, although I like Rodney Carney quite a bit more than Williams, because Carney is a very good defender. At 5 I go with the surprise PJ Tucker, who's undersized, but he's hard-nosed and can get to the basket.
Power Forward
1. Tyrus Thomas
2. Andrea Bargnani
3. Cedric Simmons
4. Alexander Johnson
5. Paul Millsap
Hard to project exactly where Bargnani will play, but I put him at PF, right behind Thomas. I think Thomas is the best player in the draft because of how quickly he's improved, how athletic he is, his desire, defense, etc. I saw the makings of an offensive game as we went along in the Tourney, and as long as he keeps developing in this league I think he's a cross between Shawn Marion and Amare Stoudemire. At 3 I have Cedric Simmons, who seems to be climbing faster than anyone in the draft in the past couple months. At 4 I like Alexander Johnson, a freak athlete for his size, who should be a very nice player if he can be more consistent. Rounding out I go with Paul Millsap barely over Leon Powe, in the battle of "Guys who's college resumes might make you think they're better than they really are."
Center
1. LaMarcus Aldridge
2. Patrick O'Bryant
3. Shelden Williams
4. Hilton Armstrong
5. Sene Saer
I guess whether or not you consider Aldridge a center depends on how liberal your definition of "center" is, but that's where I've got him. Right behind him I like O'Bryant, who in time should be a better offensive player than Shelden Williams. Hilton Armstrong is a very solid defensive player even if he's not quite that effective offensively, and Saer is another guy that is working his way up the draft board steadily.
And there you have it. Now, I do realize that there should probably be more foreign guys in the mix here (especially at SF or PF), but I just don't know enough about those guys to rank them. Anyway, expect some more NBA Draft coverage over the next couple days, including a Mock Draft at least for the lottery. Once again, the Draft is Wednesday night.
FORMULA 1. FERNANDO ALONSO WINS CANADIAN GP
MLB Seeking Licensing Fees from Slingbox Maker

Sling Media is not open to the idea of paying any fees to MLB. According to Sling Media chief executive Blake Krikorian:
This case is an interesting example of the complex interplay between copyright law and new technologies. To MLB's credit, MLB does own the rights in the live events and has the legal right to control which cable and satellite networks will broadcast the live games. When the network broadcasts the games, using multiple cameras placed in various locations on the field using different camera angles, the network obtains a copyright in the broadcasted event and has the right to control the distribution and redistribution of the broadcast. So, arguably, the Slingbox device is capturing the live broadcasted events for free without the permission of MLB or the networks and then simultaneously distributing the live events to consumers on their laptops with no lag time. MLB can argue that Sling Media is "freeriding" off of the investments made by MLB and the networks to produce and broadcast the live events, especially now that MLB is actually selling subscriptions to access the live games over the computer.“Maybe they should be paying us. Seriously. I’m still failing to see how we’re hurting them or their brand. We’re allowing more people to see more baseball, with all the same commercials, and stay connected to their teams. How is that bad? It’s additive to what they’re doing. We don’t need to be charging people a monthly fee. They’ve paid for our device and they’ve paid their cable bill.”
On the other hand, Sling Media can argue that it invested in and produced the Slingbox and all of the technology associated with it. In other words, it could be argued that the Slingbox is just another piece of hardware or equipment that is sold to consumers and merely enables MLB's games to be viewed, similar to a television set. Certainly, nobody would claim that Sony is violating any copyrights when broadcasted games are viewed on its televisions and monitors or when music is played on its CD players. Also, the Slingbox device is not permitting viewers to access the broadcasts without paying the networks -- the consumer still pays the cable bill and would only have access to the games broadcasted through that cable network for which the consumer has already paid.
So which is it? Should Sling Media be viewed as stealing the broadcasted events from MLB and the cable and satellite networks, and unlawfully distributing the content to viewers without their permission. Or should Sling Media merely be viewed as a pioneer of just another emerging technological device that enables the content to be viewed? It's actually a combination of both, and it will be interesting to see how this gets resolved....
SPAIN:WORLD CUP NEWS ¿CESC & RAUL COME IN AGAINST FRANCE?
ESPN Sports Montage Video
Anyway, about the video. It's an Sports Montage basically with all of the big sports moments from the 1900s, se to "Dream On" by Aerosmith. Really, it's one of the coolest videos I've ever seen, and if you can spare a few minutes, you really need to watch it. So here it is:
Saturday, June 24, 2006
WORLD CUP - SPAIN v FRANCE. THE NEXT HURDLE
MOTOGP. SPANIARDS DO WELL IN DUTCH GP
SPANISH FOOTBALL WEEKEND TRANSFER GOSSIP
Friday, June 23, 2006
We move on to the knockout round
First Round
Germany vs Sweden
Argentina vs Mexico
England vs Equador
Portugal vs The Netherlands
Italy vs Australia
Switzerland vs Ukraine
Brazil vs Ghana
Spain vs France
Quarterfinals
Germany vs Argentina
England vs The Netherlands
Italy vs Switzerland
Brazil vs Spain
Semifinals
Argentina vs Italy
The Netherlands vs Brazil
Finals
Brazil vs Argentina
Ok, so it's kind of a boring pick, but I like Brazil to win it all. Sure, they've looked slightly aloof at times, and seem to think they can turn it on whenever they want. I think they'll pick up the intensity, starting with their 3 2nd half goals against Japan. Ronaldinho is the best player in the world, and for all the talk about Ronaldo during pool play, he did score 2 goals in that final game. I like Brazil to take the final, 2-1.
WORLD CUP: SPAIN 1 - SAUDI ARABIA 0. SO RELAXED ITS WORRYING
WORLD CUP - SPAIN v SAUDI ARABIA. PREVIEW
The NY Knicks think Isiah Thomas is a better head coach than Larry Brown

Well, it was made official today, as the Knicks fired Larry Brown as head coach as moved Isiah Thomas to that position. Makes a lot of sense. I know I'd rather have the guy that run the CBA, the Raptors, and now the Knicks into the ground coaching my team than one of the best coaches ever. But hey, you don't win 23 games with the highest payroll in the history of the league without trying.
Now, seemingly you would think the Knicks would be on the hook for the rest of Brown's contract, which is about $40 million. They, apparently, have other plans, meaning they say they don't want to pay him. Ok, so they'll be paying Allan Houston $19 million next year to be retired, Jalen Rose $17 million to continue to be a guy with his best year way behind him, they'll pay Maurice Taylor almost $10 million to probably get hurt again, and they'll pay Shandon Anderson $7 million to stay off the team. But when it comes to paying the guy they just fired? Heck no!
Personally, as a Philly 76ers fan, I heartily endorse locking up Isiah long-term. After all, I hear Wal-Mart's looking for a new CEO to run the company into the ground.
As for now, I'm with Will from Deadspin, I can't wait for the season to get underway.
You can win pretty much the best job ever
Score the Ultimate Job at the 2006 All-Star Game
Basically, you register, and you're automattically entered to win:
- Trip for two to the 2006 All-Star Game®
- Tickets to all events, including the Home Run Derby
- On-field press credentials
- Chance to interview an All-Star player
- Your personal All-Star Game® blog on MLB.com
- Plus $2,000 spending money!
SPANISH FOOTBALL TRANSFER RUMOURS & GOSSIP V. SENNA, KAKA, MATERAZZI, LANDZAAT & HINKEL
Thursday, June 22, 2006
Gary Glitter Proof? The Law and Morality of NFL Game Day Music

So why has Glitter's song moved onto the NFL's Do Not Play List? It's because he will be spending the next three years in a Vietnamese prison for molesting two young girls, and the NFL doesn't want its games to be associated with a convicted child molester. The league also doesn't want Glitter to earn royalties from the playing of his song.
But let's play Devil's Advocate for a moment, and pretend that we are Gary Glitter fans who regularly attend NFL games, and who find his music to be an essential component of the game experience. What might we argue to keep his song playing? Here are five arguments:
1) Being guilty in Vietnam isn't the same thing as being guilty in the United States.
In fact, Vietnamese courts employ a lower standard of proof for criminal convictions, and feature fewer procedural protections for criminal defendants. So perhaps Glitter might be a free man had those same charges been brought in the United States.
2) Glitter has long been suspected of being a child molestor.
I know what you are thinking: How is that a positive for Glitter? It isn't, but it invites the question of why the NFL would want to ban his song now. It isn't like Glitter's "problems" have been a secret. In fact, back in 1999, a British court convicted him of possession of child pornography, for which he served two months in jail, and he was classified as a sex offender. Maybe more revealing, the Cambodian Government--which somehow tolerates the genocidal Khmer Rouge--couldn't tolerate Glitter. It expelled him in 2002 for alleged sexual misconduct with children, an act which prompted his move to Vietnam. So why should a conviction of this guy in a Vietnamese court suddently make all the difference to the NFL?
3) What About Marv (Albert)?
Marv Albert is the lead play-by-play voice of Westwood One's NFL coverage, calls Monday Night Football games and has called every Super Bowl since 2002. This is true even though, in 1997, he pled guilty to misdemeanor sexual assault charges (after being charged with felony charges of forcible sodomy). Granted, his sexual crime was inflicted upon an adult, but Albert's role with the NFL is clearly larger than Glitter's, and Albert himself is far better known than Glitter. In fact, I had no idea who Glitter was before this story broke, and I never knew or bothered to learn who sung that song. It didn't matter.
4) Axl Rose and Ozzy Osbourne say Hey!
NFL teams routinely play songs by artists who have been in legal trouble. For instance, the song "Welcome to the Jungle" by Guns N' Roses is often played during NFL games. It is sung by Axl Rose, who was once arrested for assaulting a neighbor with a bottle of wine and is widely suspected of using illegal drugs. Or take Ozzy Ozbourne songs, or R. Kelly songs--they too are played during games and are sung by artists who have encountered legal troubles (and Kelly was recently arrested for statutory rape). If we ban Gary Glitter songs, then shouldn't we ban those songs, too? In fact, to be consistent, perhaps only songs sung by "decent" artists, like John Tesh or Kenny G or Amy Grant, should be played (and yes, I too would stop going to NFL games if that happened, but you see the point).
5) Does playing a song during an NFL game even celebrate the artist?
As mentioned above, I had no idea who sung "Rock and Roll Part 2," and didn't even know who Gary Glitter was. Maybe I'm in the minority on those fronts. But regardless, playing a song during a game seems more about celebrating the team or players who made great plays, and getting the crowd into the game, than about the artist who happened to have sung the song.
Taking off my Devil's Advocate cap, however, I actually don't have a problem with the NFL's request. The league doesn't want a convicted child molestor to receive royalties from the playing of songs during NFL games. Also, the league is not forcing teams to do anything; it is simply making a request. But I do see potential inconsistencies that might aggravate the Gary Glitter Fan Club, whose website, as Anonymous notes in the comments section, apparently may infect your computer with spyware if you are using Internet Explorer. So be warned before visting the Worlwide Glorius Glam & Glittering website or get the proper protection (i.e. download Mozilla Firefox) and then visit.