ticktock6 http://www.ticktock6.com/feed en-us http://blogs.law.harvard.edu/tech/rss Sweetcron soupcanblog@gmail.com How Hornets Fans Survive the 2011-2012 Season http://www.ticktock6.com/items/view/1539

They say that every sport is all about winning.  Unless you can’t.  So what’s left then?  Watching the sport.  Is that so bad?  Before you reply, consider this: I’m talking about one season.  One Lockout-shortened season.  After which our team has two first round draft-picks.  And maybe more, pending a possible Kaman trade.  So is it so bad to watch basketball excellence for a half, to stop playing in the third, followed by a final, futile comeback in the fourth; or a tight game through three quarters, only to be followed by a massive collapse in the fourth?  It’s frustrating, I know.  But, based on the fast-paced back and forth nature of the game, followed by the expectation of better tomorrows to come, I think it’s safe to say it’s gonna be okay.  You just have to change your mindset a bit. General Manager Dell Demps and Coach Monty Williams both come from the San Antonio organization and, in many ways, model this franchise on that one, hoping to replicate the same success through finding the right pieces, the right attitudes, and employing the right system–starting from the ground up.  Consider their model, the Spurs, which, in 1995-1996, were 59-23, ultimately losing in the Western Conference semi-finals.  The next year, their superstar center, David Robinson, went down with an injury, and the team was 20-62, and failed to even make the playoffs.  That offseason, the ping pong balls delivered them Tim Duncan.  The next season, with Robinson back, the Spurs went on to a 56-23 season, and again made it to  the Western Conference semis.  The following year the Spurs won it all.  And from there, a dynasty was born, with 4 Larry O’Briens in 9 years. Is Monty the next Popovich?  Will injured shooting guard Eric Gordon be our David Robinson?  And will one or both of our ping pong balls deliver us the League’s next superstar?  I don’t know.  But I believe this team, with all its injuries, bad luck, and lack of practice time, will come back next year: hungry, angry, rested, practiced, and ready to demolish the rest of the League.  If there’s one thing that can be said about this team is that it tries.  Some losing teams give up; you can see it in their play, and in the looks on their faces.  Not these guys.  Their effort, night to night, and coming so close, again and again, is admirable.  So, next year, assuming the team is healthy, I expect the Hornets to return to the Playoffs.  But, that said, how do we, as fans, survive this season?  And as an esteemed member of the Hornets’ Twitter group, #twittersection asked last night, why do we come back next year?  Because there is plenty to enjoy, losses be damned.  America derides losses, but sometimes loses the trees for the forest. All we have to do is just be fans.  It’s not that hard.  You think Belinelli worries about the last shot he missed?  You think Okafor wonders on each defensive rotation whether he blocked the last shot that came his way?  We all love basketball.  We need to do that.  Let’s love what we can, and let the rest fall away.  I’ve been told repeatedly by casual fans that they love the experience of the Hornets games, win or lose.  Bring the kids.  Cheer loud.  Enjoy the Arena’s house jazz band.  Enjoy the middle school drum line.  Cross your fingers that the halftime show is that lady that tosses the bowls on her head.  Enjoy the Mardi Gras Baby, King, and Jester race, the dance cam, and the kiss cam.  It’s all part of the basketball experience.  There’s no reason more serious basketball fans can’t do the same thing.  Join the cheers, clap, and berate Dick Bavetta and the other Donaghy-type refs.  And if you’re watching at home, crack a beer (or five) and watch (or tweet or live-blog) with friends.  Talk about what works, criticize what doesn’t.  But just watch the sport, and keep your eyes off the final score. Above all, let go of your expectations.  Don’t get wrapped up in hoping for wins in this 2011-2012 season.  As ADAA champion, Peter La Fleur, once said: “I found that if you have a goal, that you might not reach it. But if you don’t have one, then you are never disappointed. And I gotta tell ya, it feels phenomenal.”  Look how that worked out for La Fleur: he ended up winning it all.  Regardless, that’s how Hornets fans will survive this season: no expectations.  Don’t focus on the outcome, but the moment-to-moment minutia that made you love basketball in the first place. Marvel at the improvement in Okafor’s offensive game.  Appreciate those times Jack finds the right shots just behind a screener and pulls up for a mid-range, open jumper; and his fast penetration dribble that causes problems, making the right pass once he draws in the defenders; rather than those other times when he dribbles the ball at the top of the key for 20 seconds.  Cheer for Marco off the bench to hit those trademark off-balance jumpers, and those long threes that send the Italian flags running around the arena.  Watch Aminu grow into the NBA game, using his length and athleticism to defend and rebound, and look for that moment when he will figure out his offensive role, and the purpose that will make him dangerous. Smile at Jason Smith’s open jumpers hitting bottom, followed by a vicious block on the other end; and stop being surprised when he takes his man off the dribble and throws it down.  Stand up and holler like a madman when Vasquez and Ayon take over games with their high energy offense-defense tandem: Ayon slipping the pick and Vasquez making a bounce pass through traffic for an easy lay-in,  Ayon getting the deflection on the other end, and outletting to Vasquez on a break, which ends in the athletic Summers dunking it over a scrambling defender.  Take pride in the success hard work can bring, as evidenced by 29-year-old rookie and Nola product, Squeaky Johnson, leading the second unit.  Watch Xavier Henry work his way back into the rotation after injury, and believe everything will be okay once Gordon does the same.  Above all, enjoy the passion with which this team plays moment-to-moment, working so hard to play their best.  Because, as fans, what more can we ask? It’s okay, Hornets fans.  It’s not always about the wins.  Some seasons, it’s just not in the cards.  But, if you love the sport, seeing three-fourths of a great game from your team can be enough.  Take a deep breath, enjoy what you can, get mad when the defense doesn’t rotate fast enough or the refs blow a call.  But don’t sweat it when the team loses by 2, again.  Believe this is just one season.  One Lockout-shortened season.  With current team owner, Stern, picking those ping pong balls in June.  Think back to the conspiracy theories about how the Knicks got Ewing and the Spurs got Duncan.  Believe it’s our turn next.  That’s part of your solace. Let the anger and frustration from the results wash away.  It’s all we can do.  Unless you can hoop better than these guys and can finagle a try-out before the add deadline, you can’t control the outcome, you can only watch.  But you can survive.  As New Orleanians know, sometimes that’s enough. So watch the games, get excited, and cheer for the Hornets on every play.  Our guys are trying hard, they deserve our support.  If you watch, you will still see great basketball and be entertained.  Just don’t expect wins.  Not this year.  But that’s okay.  Sometimes the trip is more important than the destination.  Winners are forged in fire.  What today’s ordeal brings will be bound to tomorrow’s successes.  So hang tight.  We’re in this together.  The team is frustrated, the fans are frustrated.  But believe that this will make us all stronger. Believe that this season is an aberration; ignore the standings.  Have no expectations other than to watch an intense competition.  Enjoy the little things done right this year.  Because it is those things, combined with health and some talented new rookies, that will lead to success next year.  That’s how Hornets fans survive the 2011-2012 season.

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Sun, 05 Feb 2012 11:29:00 -0700 http://www.ticktock6.com/items/view/1539
Talking With The Big Heads http://www.ticktock6.com/items/view/1538

On January 20, 2010, Hornets radio voice, Sean Kelley hosted a live interactive fan conference call with Hornets President, Hugh Weber, Vice-President and General Manager, Dell Demps, and scores of season ticket holders. Over the hour-long call, both men established that they are committed to building not just a new Hornets team, but a new image, a new culture, and a new identify for the Hornets organization. Each of the key pieces to the Hornet’s front office has his own watchwords. Weber’s are my least favorite; to him, it’s all about products, investments, markets, and branding. I understand that as a businessman, those words probably mean are as casually thrown around as the words “pass” and “score” at a Hornets practice, and perhaps they help him gauge strategy and success in a purely financial capacity. For one though, I hate thinking of a business made of up people (the coaches, staff, and players), as a “product.” If you listen to any speech by Weber, he uses these words repeatedly, as if he’s trying to figure out how to market a suitcase company’s new brand of luggage. (I counted his use of the word “brand” 4 times during the call.) Although Hornets head coach, Monty Williams, wasn’t on the call, he has his word too: defense. It is a mantra he instills in each of his players, and not just on the court; clearly, for Williams, they need to use the word every time they talk as part of an all-encompassing philosophy. Listen to interviews with Hornets players; you’d think they get fined if they speak without using the word “defense.” I particularly love it when the question has nothing to do with defense and that is their answer anyway (“Jarrett, how were you able to penetrate the Mavs’ 2-3 zone all night?” “Well, we made big stops on defense and used that to spark our offense in transition.”) Dell’s word is my favorite, though: culture. He, at least, seems to understand that it is about people. He understands it is about attitude, teamwork, and grit. Throughout the conference call he made it clear that he is doing everything possible to get this team on the right track ,and, despite the team’s struggles so far this year, it is not hard to see that Demps and company have things moving in the right direction. Almost as soon as the call began, the question of who will buy the Hornets from the NBA was asked. Personally, I expected Chouest to re-surface shortly after the CBA was inked, but it appears the NBA is unwilling to sell the team until a new lease for the Arena is inked. While neither Weber or Demps indicated who might ultimately buy the team, they did say that they hoped to announce an owner by February, and said they want to hold a press conference with the Governor to announce both a new owner and a new lease for the Arena. A new lease for this new owner would include no benchmarks, and would expect to run through 2024 or 2025. Weber indicated he wanted the new lease to show that: Fans can rest at ease that this is their team, and a team that they can count on for many generations to come. Indeed, Weber is so confident about getting the new lease done, he said the team wasn’t even watching the benchmark situation at all, as the new lease would supersede the current lease. He was concerned about the contract with Cox Sports, though, as currently the amount of fans that can watch the game is limited. Currently, CST, which shows all the games, is only available on Cox Cable, Charter, and Dish Network, but not DirectTV or U-Verse. Weber stressed that this was not a Northshore-Southshore thing, but just a matter of contractual disputes between different providers. As Weber said, “if [people] cannot watch our games, they cannot become fans.” At any rate, the contract with Cox expires this year, so hopefully the Hornets will strong arm it into accepting better terms for the team. Another issue that was asked about was the naming rights for the Arena. While Weber refused to comment on any ongoing negotiations, or the rumor that one proposal was the “Louisiana Seafood Arena Seasoned by Zatarain’s,” he indicated that Louisiana Seafood (full name Louisiana Seafood Promotion & Marketing Board, a 15 member governmental board formed in 1984 to strengthen and revitalize the Louisiana seafood industry) and Zatarain’s a major sponsors of the Hornets, and that the Hornets would be proud to have either of their names on the Arena. Nonetheless, Weber was clear that nothing was in place with anyone yet. Weber did indicate, however, that naming the Arena was a key step of the organization’s plan; “a big piece of the future,” as he put it, and part of the “legacy” they are trying to create as a successful franchise. Before long, the conversation turned to New Orleans being a small market, and the impact that had on creating a winning team. Demps said the new CBA gives teams like New Orleans a fair chance to win with the players it drafts, because rookie contracts typically allow teams to keep a player 4 years; and, even after that, the player is a restricted free agent, making it possible for a team to re-sign the player for another 3-5 years. When asked what it takes to lure free agents to New Orleans, that is, to make this team a preferred destination, Demps had an interesting answer. Demps indicated that under the new CBA it is hard to get free agents. A lot of the available ones, he said, are restricted free agents, and teams end up overpaying to get those guys. Also, he mentioned that the unrestricted free agents are usually older, around 29, and you have to consider that when you go after them. At the end of the day, he said you just have to build a good team, and have a winning culture, which makes players want to be here. When asked about Eric Gordon , Demps responded that Gordon wants to be here, and that he likes New Orleans. Gordon obviously has a bruised patella, which continues to swell, and Demps did not know when he would return to the court, indictating that extra tests would be done this weekend. Demps said that the team is more concerned with protecting Gordon’s long-term health, rather than trying to get him back too soon. Demps said that hoped for a resolution on Gordon soon. Whether he was referring to the injury or a possible contract extension was unclear. One brave fan asked about Jarrett Jack as a long-term starter at point guard. Demps indicated that Jack has embraced his role, and is playing well, and that the team has no plans to change their point guard. Nonetheless, he said you can never say you won’t change. Reading between the lines: we have no choice. There were also plenty of questions about the Hornets bigs. No surprise that the questions began with the team’s presumptive starter at the power forward position this year, Carl Landry. Demps admitted that Landry has had an up and down season, but that he will get his chance to earn his minutes, just like everyone else. Demps also discussed brief the fact that Kaman and and Okafor play differently, and that each brings something to the table, and that Monty is still experimenting with what works best. Demps added that Jason Smith has really stepped up, surprising them–but then he caught himself and rephrased, saying that Smith had developed ahead of schedule. Dell also seemed really happy to have Gustavo Ayon, and said that Ayon’s not knowing Engilsh hasn’t really been impediment, based on his high basketball IQ, and having an assistant who speaks both languages (and added that he’s learning English quickly). Ultimately, Demps seemed to acknowledge that the team has a problem may teams wish they had: too many bigs.. The key, though, seems not figuring out what each one can do, but what they can do together. As Dell put it: [It] Doesn’t matter about the name on the back of the jersey, we’re more concerned about the name on the front of the jersey. Someone else asked if Demps if he thought the Hornets were weak at the small forward position. He quickly responded that the team had a quality 3 in Trevor Ariza, who had, until recently, been injured. Demps made the good point that, against Houston, Kevin Martin exploded for 27 points in the first half; but, in the second, the Hornets switched Ariza onto him, and Martin was was held to only 5 points that half. Interestingly, of the “wing” position in generally, as Demps referred to the 2 and 3 spots, he said “In our system, the shooting guard and small forward are interchangeable.” What makes that even more interesting is Demps’ and Williams’ preference also to play combo 1/2 guards at the shooting guard spot, blurring that line, too. One fan asked about the team’s early struggles, and whether that means Monty should play more of the younger players, and maybe go for that draft pick. Demps immediately answered he wanted to win, but admitted that “playing young players is important.” Particularly, he said the team needed to figure out how well Al-Farouq Aminu, Jason Smith, Xavier Henry, Dajuan Summers, and Gustavo Ayon can play, to better know what to look for in the draft. Regarding the struggles, though, he pointed out that the team has continued to play with passion, and that if they keep giving the amount of energy they did the other night in Houston, that he expects more wins will follow. He did point out, though, that the team’s full line-up has yet to be healthy at any point this year. Speaking of the road game at Houston, Demps said that he had never seen a bench so energized, jumping up and rooting on their teammates, and generally going crazy over every good play. I thought the same thing at the time, and I’m glad to know that this team is hungry for it. At home, one thing that fans love is the new live music played at Arena time-outs. Weber indicated the small side stage they play on may become a thing of the past, as a more prominent stage could be developed. Significantly, he said of the decision to bring music to the Arena that: We stop and reflect about who we are and what our brand is, and over the offseason we really looked at what this city is about and our community is about. And that led to the music. Bravo. All the fans ask is that the live music is played more often. Why play any non-live music at all? Fans will wait and see. Now, if they can just get the food to match. Fortunately, one fan brought up the concessions at the Arena, and asked if the Hornets would be improving them anytime soon. While Weber said they are “always trying to press a little harder to make sure that the concessions offered in the Arena are reflective of…the community,” which goes in line with what he said about the music, this may be a harder goal to achieve. Weber mentioned that they brought in Louisiana Seafood as a partner on concessions, but that is a marketing board, not a vendor, and he said that efforts to bring in higher quality items were controlled by Centerplate and SMG, which means you won’t see Emeril grilling in the Arena anytime soon. While I love the fact that Weber wants to add great food to the New Orleans experience, as long as they essentially have a generic cafeteria service providing the food, it won’t matter, if the sign says “French Quarter Franks” or “Bob’s Hot Dogs,” the product will be the same. Weber added that he believes the Arena food should be the best of any Arena in the country. No one’s disputing that. But the team needs a new concessions contract to achieve that goal. With this, the Cox contract, and the lease, it makes you wonder who the Hornets’ lawyers are, and if they even read these contracts before telling then-owner, George Shinn, to sign. At the end of the hour, the season ticket holders listening had reason to feel good about their team. I, for one, was convinced that this team is going in the right directions. Said Dell Demps: “I’m a bad loser.” That’s what Hornets fans want to hear. Another great thing to hear was Weber indicating that the front office is spending three to four times more on scouting and talent development than prior iterations of the team. That has been a huge problem in the past, and if snagging Ayon, and the fast-development of Smith are any indication, the problem may be solved. Weber told listeners that one of his goals is that when people come to visit the city, he wants seeing a Hornets game to be at the top of their list of things to do. With all that is going on in New Orleans, that will be a tough goal to achieve. But, if this front office keeps building on their current successes, they may well achieve that goal.

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Sat, 21 Jan 2012 16:43:00 -0700 http://www.ticktock6.com/items/view/1538
Decoding the NBA Litigation and Why it Still Matters http://www.ticktock6.com/items/view/1537

Representatives of the NBA players proclaimed that they hoped for a summary judgment in their federal litigation within sixty days of filing suit. The Owners claimed the players turning to litigation was a sham, meant as an improper negotiation tool, and likely ended any hope of an NBA season this year. Had the players stuck out their litigation, the Owners would have been right; but, regardless, the Players fell right into Stern’s trap. Before the players disclaimed their Union, the NBA and the Owners, on August 2, 2011, filed suit in the U.S. Southern District Court of New York. As a time-reference, the case has basically gone nowhere in over three months. It is Civil Case 11-cv-05369, before Judge Paul G. Gardephe. In federal litigation, Rule 12 of the Federal Rules of Civil Procedure provides that defendants have 21 days to answer a lawsuit after the Complaint has been served; but, if the defendants waive formal service, they have 60 days to respond. While it is not clear when the various services were made in this case (which probably indicates formal service was waived), the court held a status conference on September 7, 2011, which is quicker than one might have expected. At that telephone conference, the Players indicated an intent to file a Motion to Dismiss, and, a week later, the Court ordered it filed by September 16, 2011. Any written opposition by the NBA (or its individual teams) was ordered due by October 10, 2011, with any response by the players to that opposition due by October 19, 2011. Other conferences were had with the judge, though, several delays were requested, and finally, the players filed their Motion on October 19th. The NBA’s opposition was filed shortly thereafter. The matter is still under consideration. This is the timetable one can expect from federal litigation. The NBA and its individual teams filed their suit as a preemptive strike, asking the Court to declare that any attempt to disclaim or decertify would be an improper action, a violation of the collective bargaining process. They pointed in their Complaint to a long history of the Players threatening to do this in an effort to leverage a better bargaining result, and asked the Court to find this bad faith bargaining, to find the lockout valid under antitrust laws, and the disclaimer invalid. The NBA and the pointed out that a different federal court had recently refused to order an injunction against the NFL lockout. The Players’ Motion to Dismiss, in which they essentially called the NBA’s suit bullshit posturing about “what if” scenarios and an improper legal response to the hard bluffs of negotiation, was a fairly good argument that the NBA’s suit was premature, and that there was as of yet no justiciable controversy. The problem is, the Players derided the “disclaim” option as totally unfounded, preposterous, and an option that wasn’t even being considered by the players, who, allegedly, were bargaining in good faith with the League. Oops. The day after the Players did disclaim their Union, the NBA wrote a letter to the Judge, arguing that the Players’ had done precisely what they threatened to do, and that any “what if” objections the players had were clearly moot. The Players’ attorneys’ response was a not-too-thinly-veiled we spent X hours preparing this Motion to get this fucker dismissed and the players did what? type of response. The Judge did not appear happy. Meanwhile, the players, on November 15, 2011, filed two suits: one in the U.S. District Court of Minnesota and one in the U.S. Northern District of California. They ended up voluntarily dismissing the California action, perhaps they were forum shopping, hoping for a friendly judge, and ultimately realized the Minnesota court was where they wanted to be. Or, perhaps it was the fact that California Judge Samuel Conti set a scheduling order the date the suit was filed, ordering that the Rule 26 Conference be had on February 8, 2012, with another case management conference on February 29, 2012. This was Civil Case 11-cv-05525. A Rule 26 conference is what leads to the initial disclosures each side makes, and pre-dates any discovery, depositions, and most other court actions. So there’s another timetable. And this is typical of any case, let alone a multi-billion dollar case, which, I can assure you, no judge is in any hurry to decide. In a car wreck case, valued at $50-100k, judges like to allow the parties to negotiate and settle it between themselves. So what do you think is going to happen here? Regardless, the Players dismissed their California suit. The Minnesota suit is Civil Case 11-cv-03352, before Judge Patrick J. Schlitz. Interestingly, each of the New York, California, and Minnesota suits requested jury trials. Did the players really think twelve random people were going to feel sorry for them only making $3M a year instead of $5M? But I digress. A week after filing suit, court records show service returns on the NBA, the New York Knicks, and the New Jersey Nets. It is highly unlikely the Court will hold any status conferences until everyone is served. So since we’re already two weeks out, even if served this week, each of the other 28 defendants will have 21 more days to answer. Or 60 if they signed waivers of service. If the players sent waivers. I would have just gone straight to formal service if I was trying to push along a case. But you would expect the NBA to ask for a dismissal or stay pending the outcome of their litigation in New York. So that would require briefing, argument, and time for the court to decide. As for the players’ claims of summary judgment within sixty days? You can’t get judgment on a party that hasn’t answered. So while the NBA, Knicks, and Nets have to answer by December 13, 2011, expect for them to request an extension in the time to answer until all the defendants are served. So there’s no chance in hell a summary judgment is filed in 60 days, let alone decided. Plus, even ignoring the fact that the NBA and League would first file a Motion to Dismiss or Request For Stay, litigants have to give their opponents a minimum of 15 days notice when filing. There is no chance they could get a date set before New Year’s, and even once the Motion is submitted, even if oral argument is granted, the Court does not have to decide anything on the spot, and can take the matter under advisement, after which there is no rule controlling when a decision must be rendered. Also, as opposed to a Motion to Dismiss, which merely focuses on the sufficiency of the Complaint, a Motion for Summary Judgment must be submitted with sufficient evidence, and the non-movant can, under Rule 56, always request a continuance (or denial) of the Motion if it needs more time to do discovery. And can you imagine in a multi-billion dollar case that a judge would refuse to allow the parties to conduct plenty of discovery? Not to mention that if a summary judgment is denied, and the case continues, it could be years before going to trial. Our legal sources, who asked not to be named, indicated that their last federal summary judgment action came 10 months after suit was filed, and a month later, no decision has been rendered. The last two federal trials that our same sources participated in took place over two years after the filing of suit. These are the timeframes we can expect from any litigation. Now or in the future. So, now, only weeks after claiming the Union was not protecting the Players’ interests, a deal looks to be worked out? Of course, to sign a new CBA, the players have to first dismiss their Minnesota suit and then reform the Union. So did the players tactic work? No. Stern is playing chess, not checkers. He’s not just trying to win this round, but the next. And in six years, when the new deal will likely expire, the NBA will file their New York suit all over again, and when the players respond that the mere concept of them “disclaiming” is ludicrous, that judge will shake his or her head and know the players are lying. The players filed suit claiming the Union could not help them, and that, resultingly, the NBA was instantly in violation of antitrust law? Yet, then, mysteriously, without the Union’s help, they reached a deal not even two weeks later, which, I would wager, looks suspiciously similar to the deal the Union had negotiated up to the point of disclaimer? The NBA’s preemptive suit argued that antitrust exemptions were not lost the instant a Union disclaims or decertifies, and their argument that the tactic of doing so is a sham just got stronger. Have the players thought that through? Their lawyers, who are the same high-priced antitrust sports experts, who tried similar cases decades ago for the NBA, and recently for the NFL, must be furious. What will their argument be next time? Read the timelines referenced above again. No federal court case worth billions of dollars will be decided in any less than one year, and likely not for two or more years. That’s assuming, of course, no decision is ever appealed. Our sources were involved in a March 2006 federal lawsuit, whereby summary judgment was granted in September 2007. The other side appealed to the U.S. Fifth Circuit Court of Appeals. After briefing and argument, a decision was not rendered until September 2008. But, an en banc hearing was requested. That is, unsatisfied with the decision of 3 judges, one of the parties requested a hearing before the entire Fifth Circuit panel. After additional briefing and argument, a decision was rendered in December 2009. But, that too was appealed. The U.S. Supreme Court accepted briefs and arguments, and in June 2010, over four years and three months since suit was filed, the matter was finally resolved. While it is possible a year could be cut off that timeline if the Supreme Court declined to hear the matter, if anyone thinks either the players or NBA would be content to let a trial court judge decide their billion-dollar fates, they’re crazy. This is how litigation works. It will not be over quickly. The parties will not enjoy it. No one wins. So no is the answer to the question you haven’t asked, as to whether litigation is an effective tactic in professional sports collective bargaining disputes. By the time any resolution is reached, multiple seasons will have been lost. And if liability carriers are willing to settle cases for $50k to avoid maybe paying $100k, can you imagine the trepidation of either side in the NBA being found liable for billions? It will never happen. So what happened then? What was this litigation all about? It was a ploy. A stratagem. The players get to save face and tell the world they forced a resolution. But they also haven’t told us how many hundreds of thousands they spent on legal fees when they could have just paid for plane tickets back to the bargaining table with the NBA. And they’ve all but told federal courts that this is what they do, and that disclaiming is an empty, bogus threat. Next time this comes to court, they will already look like liars. So the NBA wins. Sort of. The biggest losers of this whole experience however, are the rest of us. The arena workers prevented from working. The fans unable to watch the games. The fact that multi-millionaires couldn’t agree to share a multi-billion dollar pot isn’t the biggest concern to most ordinary people. We just want basketball. Union, Players, Owners, Teams: at the end of the day who cares who wins? This isn’t about protecting the pensions of people struggling to pay mortgages; this isn’t about keeping wages up for people struggling to put their kids through school. This is one faction of the 1% calling the other faction of the 1% greedy bastards. Black, meet Kettle. Kettle, Black. As for me, all I want is a fair system that gives every team the opportunity to win. A system that allows Chris Paul to be to New Orleans what Brett Favre was to Green Bay. Moreover, I want a league where the cult of personality does not decide the fate of the team; where, for example, a young Aaron Rodgers can be brought in to lead the next generation of small-town fans to frenzy when Favre walks. I don’t want losing Chris Paul to make people question whether New Orleans should even have a team. If that means caring who “won” the lockout, then maybe I do care. But litigation wasn’t the answer. For either side. It was never going to solve anything. For both Players and Owners it was bullshit posturing. Now we get 66 games crushed in from December to April. And for what? I hope it was worth it for both sides, who spent so much of this summer not meeting. Remember that when you think of these lost 16 games and all the crying over lost revenue. Right now I just want to remember why I am such a huge basketball fan. Because, honestly, turned off as much as I have been by both sides throughout this process, it’s hard to remember why Samuel L. Jackson’s last lockout commercials (“The NBA, it’s faaAAAAAaaaantastic”) made sense.

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Sat, 26 Nov 2011 09:18:00 -0700 http://www.ticktock6.com/items/view/1537
ticktock6: <a href="http://twitpic.com/7dm9pg" rel="external">http://twitpic.com/7dm9pg</a> Skyrim = so gorgeous! http://www.ticktock6.com/items/view/1536

ticktock6: Skyrim = so gorgeous!

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Sat, 12 Nov 2011 17:26:00 -0700 http://www.ticktock6.com/items/view/1536
ticktock6: <a href="http://twitpic.com/7db5u4" rel="external">http://twitpic.com/7db5u4</a> I'm sure it's weird, but I kind of think my orc (with a facial scar & blind eye) is adorable. http://www.ticktock6.com/items/view/1535

ticktock6: I'm sure it's weird, but I kind of think my orc (with a facial scar & blind eye) is adorable.

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Fri, 11 Nov 2011 21:54:00 -0700 http://www.ticktock6.com/items/view/1535
ticktock6: <a href="http://twitpic.com/7dagb1" rel="external">http://twitpic.com/7dagb1</a> Oh now that is a nice bit of pretty. :-) #skyrim http://www.ticktock6.com/items/view/1533

ticktock6: Oh now that is a nice bit of pretty. :-) #skyrim

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Fri, 11 Nov 2011 20:46:00 -0700 http://www.ticktock6.com/items/view/1533
ticktock6: <a href="http://twitpic.com/7dabid" rel="external">http://twitpic.com/7dabid</a> Bring me those mountains! :-) #skyrim http://www.ticktock6.com/items/view/1534

ticktock6: Bring me those mountains! :-) #skyrim

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Fri, 11 Nov 2011 20:34:00 -0700 http://www.ticktock6.com/items/view/1534
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