Upon Further Review of Hart v. Electronic Arts: New Article Proposes Partial Recovery for Partially Transformative Use

Back in September 2011, the U.S. District Court for the District of New Jersey ruled in Hart v. Electronic Arts, 808 F. Supp. 2d 757 (D.N.J. 2011) that videogame publisher Electronic Arts may use college athletes' likenesses in its videogames because "there are sufficient elements of [Electronic Arts'] own expression ... that justify the conclusion that its use of the image is ... entitled to First Amendment protection." (Previously blogged about on Sports Law Blog here).

To many, the district court's decision in Hart was controversial, not only because it subordinates the rights of college athletes, but also because it expands what courts have traditionally defined as "transformative use" of one's likeness. For example, the court in Hart concluded that Electronic Arts' inclusion of“virtual stadiums, athletes, coaches, fans, sound effects, music andcommentary” makes use of player likenesses in NCAA Football "transformative." Nevertheless, the U.S. Court of Appeals for the Ninth Circuit had previously held in Hilton v. Hallmark Cards that First Amendmentprotection applies only where “a product containing a celebrity’s likeness isso transformed that it has become primarily the defendant’s own expressionrather than the celebrity’s likeness.”

After several months of contemplating the district court's ruling in Hart v. Electronic Arts, I have released a draft of my upcoming Florida Law Review article, entitled "Closing the Free Speech Loophole: The Case for Protecting College Athletes' Likenesses in Commercial Videogames." In this article I argue that the partial transformation to a person's likeness via digital format -- whether it be by adding additional background elements, or by changing one's jersey number, height or hairdo -- should not be seen as a complete bar to recovery under right of publicity law.

Instead, I argue that a partial transformation to one's likeness should be deemed as a partially mitigating factor that may reduce the infringer's liability, but would not reduce it to zero. Thus, under this alternative assessment, college athletes whose likenesses appear in college football videogames would be entitled to partial recovery.

For those interested in further discussion of college athletes' publicity rights in commercial videogames and the idea of partial recovery for partial transformative use of one's likeness, a full copy of my upcoming law review article is available here.

"Dear Colleague" Letter Regarding PASPA

On April 26, 2012, U.S. Congressmen Frank Pallone and Frank Lobiondo (both from New Jersey) released a "Dear Colleague" letter explaining the impetus for the two bills they recently introduced pertaining to PASPA, the 1992 federal statute prohibiting state-sponsored sports gambling in all jurisdictions except Nevada, Montana, Delaware, and Oregon. An excerpt from the letter is below:

"We have developed two separate, but equally effective, pathways toward the same goal of bringing sports gaming and the economic benefits it yields to the State of New Jersey. The New Jersey Betting and Equal Treatment Act of 2012 (NJ BET Act), H.R. 3081, provides New Jersey with an exemption to the federal prohibition [in PASPA]. It allows state law in New Jersey to determine how sports betting will be regulated within the state. The Sports Gaming Opportunity Act of 2012, H.R. 3797, opens a window in which states can enact alaw providing for sports gambling within their state until January 1, 2016,after which the federal prohibition [in PASPA] against states allowing sportsgambling would go back into place."

The full letter can be found here.

My Own Private #Blogathon ATX Goal

I attended Blogathon in Austin on Saturday, April 29, 2012.  For the event I came up with my own private  goal to write five blog posts in one day and post them on the Some Assembly Required Blog.  The purpose of the event is to bring bloggers together for a day of education, information, and networking... but I decided to make it about pushing my writing creative effort.

Sometimes it is hard to know what to write when you write a daily blog.  I get worried if too many posts will overwhelm people, while too little may bore those who visit regularly.  I know some of my posts are better than others, but I appreciate the response I get from readers to most of my work.

I set the goal and although I could not get them all done before I left the event (I had to leave early), I did finish all five posts before the end of the day.

In addition to meeting my goal, I also met several interesting people, reconnected with many old friends, and had a lot of fun.

To review the posts please visit my blog:   http://thomsinger.blogspot.com/search/label/BlogathonATX

Which post do you like best?

Have A Great Day.

thom singer

Who Excites You?

There are not that many people who excite. We live in a "vanilla world" and people cannot escape from the being blah.  You cross paths with hundreds of people a week, but most do not stand out.  Too many of us have turned down our "tone" to ensure we fit in with the crowd.

Safe.... but not exciting.

Every now and then we run across someone who is inspiring and exciting.  These people get our attention and are remembered.  I think of us many wish they fell into this category, but we fall short.

This is true in the world of celebrities.  Some are just more interesting (I am talking about "in a good way"... not "in a Kardashian way").  A real stand out actor, author, politician, or other celebrity makes us feel something inside.  They get under our skin.

In my profession (professional speakers), some can emotionally connect with the soul of an audience and get them pumped up while also delivering meaningful content. Other speakers just go through the motion and deliver a report.  Maybe it is "good" information, but not "exciting".

But beyond the tabloids or conference stage who is it that gets you excited?  (I am talking business here, folks!).  Think about the conversations you had the last few days, was there anyone who had that spark in their soul that reached out and got you thinking and feeling in a different way?  What was it about them that was exciting?

I am always looking for people who have that unique aura around them that motivates me to try harder or think deeper.  We should champion those who bring excitement to an otherwise dull routine.  But I question if most people are comfortable with those who inspire.  What do you think?

Have A Great Day.

thom singer

Attention on Ideas

A friend and I were talking about ideas.  Specifically, we were talking about how some people put their attention toward ideas, while others talk (gossip) about people.  The real thought leaders we know are always focused on ideas. Those who talk about people are often cataloging what others do (and not always the good stuff).

Idea people are the engine of the future. They do not care about what type or car another person drives or where their house is located.  These folks are less impressed with the subject someone majored in college than they are with the concepts the person can bring to a conversation.  Sharing ideas, and expanding on them (and taking action), are how anyone can change themselves and the world.

It is hard to focus on ideas.  They are often obscure.  Difficult to quantify.  And most of all an idea without action is not worthy of much.  People are sometimes scared of their own ideas being ridiculed by those who do not cherish the power of thoughts.

Putting attention on ideas is a struggle, but the results are the building blocks of legend.  

Have A Great Day.

thom singer

Protagonist of Possibilities

Who is your Protagonist of Possibilities?

Few people are really present in our lives who recognize and support our personal and professional goals.  We may think that those near and dear to our hearts understand what we strive to accomplish, but too many are caught up in their own "stuff" that they are blind to everything else.  It is rare to find those caring souls who are helpful to us along our journey toward success.

Antagonists seem to be everywhere and it is common to encounter people who want to dismiss our dreams and desires.  People gossip about those around them and question the legitimacy of the success enjoyed by others.  Have you ever felt undermined or dismissed by someone in your network?  It happens.

The people who have your back and go out of their way to follow through on their intentions are worth their weight in gold.  I talk often about those with "Follow Through DNA", and the term resonates with audiences because most people find few people who have this trait (of doing what they say they will do).

Recognizing who in your life lifts you up, pushes you along, and applauds your victories is important.  Never take these folks for granted.

We all need "protagonists of possibilities" - but they are rare.

Are you one who helps others or are you caught up in your own stuff?

Have A Great Day

thom singer

Three Tips for Networking at #BlogathonATX (or any other event!)

No matter what the industry, a main reason people attend business oriented events is for the "networking opportunities".... and yet once they arrive they suck at making the types of connections they had desired.  They sit with old friends and get buried in their electronic devises.  At the end of the one, two, or three day event they look at the stack of business cards (or other list of connections) and are not sure what to do with the information.

Additionally, those who self identify as being more introverted mistakenly think that the social aspects of attending events is just for those pesky extroverts.  They can be nervous (or pained) by the thought of having to chat with strangers who may just drone on and on about themselves.  But the truth is that introverts are BETTER networkers.  Yep, I said it.  Introverts are much better at networking (and I say this as an extrovert), and once they embrace their power in this area they can easily maximize the time they invest in attending conferences.  Introverts tend to ask questions and listen better.  When you learn about others you have a higher opportunity of being able to discover ways to establish an ongoing connection and help each other succeed.

Meeting someone once does NOT make them part of your network.  Meeting someone once makes them "someone you have met once".  There is a big difference between people you have met once and those with whom you cultivate a long-term and meaningful relationship.  But you have to start somewhere!

For those at Austin's Blogathon there are three things that we can all do to make today a better event (and it is already GREAT...as Ilene and her team have done an amazing job in coordinating).

Three Tips for Networking at Blogathon

1.  Do not sit with your closest friends in the room.  Look at your friends and say "I love you, you are the coolest, and I appreciate our relationship.... but I am going to move to another table with people I do not already know".  Putting yourself at tables with strangers who are not part of your inner-circle will expose you to new creative minds that can inspire you in ways you never imagined.

2.  Say hello to people.  There is POWER in the world "HELLO".  Others might be shy, but they are happy when you smile at them and say "hi".  Nobody who invested time to come to Blogathon is an asshole (okay, nobody might be an overstatement).  Greet people and ask them questions.  Listen to them.  And be aware of the difference between a chat and a meaningful conversation.

3.  Plan for the follow-up. When you have one (or more) of those meaningful talks, embrace the idea of following up with the person.  Follow-up does not happen by accident, someone has to "own the follow-up".  It is like dating... if one person does not ask for the first date, second date, etc... there is no relationship.  Be sure to get a business card or other contact tool (be respectful, as not everyone like to "Bump" or Google Search you later. Business cards are still a useful tool, but if you did not bring any (or are freakishly opposed to business cards), find a way to make sure you both can get the needed info.

If you read this while at Blogathon I hope we meet.  Come and say "Hello".

Have A Great Day.

thom singer

Live Blogging at #BlogathonATX

I am attending BLOGATHON in Austin.   I believe this is the fourth annual event, but it is the first time I have been present.

This is an event that was organized several years ago by Ilene Haddad (and others) to bring together people in Austin who write blogs and are otherwise engaged in the local social media community.  Austin is full of creative people, and anytime you can be around amazing people you cannot avoid being inspired.

The event is being hosted at Tech Ranch and there are nearly 100 people crammed into the meeting room with their laptops and iPads open and fingers flying.  There are panel discussions, experts, advice bars, one-on-one advice, and an inviting atmosphere.

I am hungry to get fresh ideas, find motivation, and meet new people.

Have A Great Day.

thom singer

Cool Things My Friends Do - Maura Thomas Releases Her New Book: "Personal Productivity Secrets"

Each Friday on this blog I enjoy highlighting some of the cool things my friends do in their work and professional lives.

My friend Maura Thomas just released her first book, "Personal Productivity Secrets" (Wiley 2012).  Over the past 17 years she has helped others regain their time and become more productive through her speaking and training at business groups, conferences, events, and corporations large and small, nationally and internationally.

Releasing your first book (or any book) is a great accomplishment.  Congratulations to Maura.  I am very excited to read the book, as I can use a boost of productivity in my daily life!

The book is available through all the regular book retailers including Amazon.com.

Have A Great Day.

thom singer

You Would Not Give "Poop" As A Gift!

You want to speak at business events?  Many have a desire to speak, but have no idea where to get started.    Speaking at industry events can be a great ways to promote your business, and those who speak are often seen as the expert.

But just saying you are a speaker is not enough.  Networking can only go so far.  Blogging is not the same as speaking.  The reality is that speakers speak. To be a speaker you must be in front of people.  When you do this well, other groups will invite you to speak to them.  Often these early talks are "free", but their is a whole world of opportunities for those who want to get paid to speak.

There is a whole "Speaking Industry" made up of those who earn a living from presenting.  The business of speaking is unlike most professions.  There is no "one way" to become a professional speaker, and no two speakers are exactly the same.  Where I may be the right fit for one company or association, someone else is what another group needs on their stage.

The hard part to quantify is "skill".  Judging ability is left up to the subjective nature of other human beings and their feelings.  Perception is reality. To show skills as a marksman one need to his the bulls-eye repetitively.  However, to be a great speaker means people's opinions of the talk is the bulls-eye.  The mind is a moving target and it is not as clear cut to know if you hit the spot.  Plus the make up of every audience is different and most people are so conditioned to mediocre presentations, that they do not expect anything better.

To improve as a public speaker you must make "Presentation Skills" a priority.  Most who choose to wing it are destine to be those speakers that audiences find blah (and that seems to happen a lot).  Few who are really good at presenting to audiences got that way by natural ability alone.  It takes practice and preparation.  Speakers speak.

A speaker is not a commodity product.  When selecting a band to play at an event most event organizers would never just choose someone without vetting their abilities in front of an audience and without getting feedback from people who have heard their music.  However, speakers are often chosen because they are smart or have done something cool, without regard to their experience speaking.  "We just want content" is a lazy answer, as this mindset leads to lots of mediocre presentations at events.  (Content is important, but should not stand alone).

A friend recently attended a real estate industry event where several local executives participated in panel discussions.  He was shocked that these successful brokers from companies were all horrible communicators from the stage.  He could not figure out why these people were asked to present in the first place.  But it happens all the time.

Anyone can become a better speaker if the make it a priority.  It does not matter if your personality is more introverted or extroverted.  All that matters is that you understand where you are coming from and where you want to go.  When you understand that speaking is about the audience, not yourself, then you will want to deliver better talks.  They call it "giving a speech" because it is a gift to those listening.  Nobody would bring a piece of dog poop crap as a gift to someone they care about....  But that is what an unprepared speech is for an audience.

Have A Great Day.

thom singer

Minnesota Passes Bill to Allow Beer and Alcohol Sales at College Sporting Events

For those who are interested in the debate over whether to allow beer and alcohol sales at college sporting events, the State of Minnesota recently passed a bill that would allow for the sale of alcohol in suites for premium ticket holders and in a beer garden for the general public. According to the Minneapolis Star Tribune, the new bill is expected to bring the State of Minnesota $1.5-$2.0 Million in annual revenue.

If Minnesota Governor Mark Dayton signs this new bill into law, Minnesota will join Iowa, West Virginia and a growing number of other states in allowing beer and alcohol sales at their college sporting events. This is at the same time that many colleges around the country claim there is a need to crack down on undergraduate students' alcohol consumption.

In a 2010 law review article, David Rosenthal (a former student of mine) and I discuss the inconsistent messages that college athletics send about alcohol use. Does it make sense for the University of Minnesota to arrest underage students for drinking beer on Friday nights, and then to sell beer in its football stadium on Saturday afternoons?

Also, when colleges profit from the sale of beer at their sporting events, are they implicitly using their 'student-athletes' to help peddle the product? If so, can we truly call these college athletes amateurs?

Sports Venture Capital

I attended this week the first meeting of a group focused on sports venture capital. The attendees included representatives from the major sports leagues, venture capitalists and a number of initial stage companies with some technology or other services applicable to the sports industry.

MLB and NFL digital media execs gave a fascinating presentation on how those leagues use digital media to interact with and gain new fans, and what they look for when considering their own investments and other partnerships with sports technology companies.

The major sports leagues clearly see potential financial benefits from investing in initial stage technology companies, at least in part because social media is integral to their business models, as well as owning their own content. With the importance of social media for teams and leagues in heightening the fan experience (and increasing revenues), the proliferation of sports start-ups focused on technology and social media is likely to continue and teams and leagues are likely to continue to invest their own funds in these ventures. Technology companies like Apple and Google have been rumored to be bidders for sports media rights such as the English Premier League soccer.

The convergence of technology and sports, and start-up ventures, particularly social media companies, is a trend to watch.

The TED-ization of Meetings

I am a huge fan of TED.com.  The success of TED Conferences and their TEDx franchise have captivated the meetings industry with a desire to create a "happening" instead of just a meeting.  Many conferences in a variety of industries have become obsessed with making their events more "like" TED.

The typical reaction is to just go to the short-format presentations.  TED talks are typically 18 minutes long, with some speakers having even less time.  The TED audiences are treated to captivating single idea nuggets from industry thought leaders.  However, there is more to the success of TED than short talks (the make up of the audience and the long-tail of their videos, etc...).  Additionally, the amount of preparation that a speaker puts into a TED conference can exceed 50 hours.  Most conference speakers put in only a fraction of that time working on their speeches for any other event (except for professional speakers, who are always working on their platform skills and can have thousands of hours invested in their presentations).

As a professional speaker I am receiving more requests to do short talks at events, as the lure of the quick delivery is pervasive throughout our society these days.  We seem to want to fit everything into a style of 140-characters (thanks to texts and tweets).  Shorter has become very popular.

But is shorter always better?

Every event is not a TED Conference, nor should it be.  Imitation is the highest form of flattery, but simply shortening the time that speakers have to share their information will not turn an event into a "happening".  Re-tooling a whole event to a trendy format is not the answer.  If all meetings shifted to this format we would stop getting enough information in sessions, as 18 minutes is often not enough time to get to the meat of an issue.  Especially if the event is utilizing industry speaker who are no experienced or skilled at connecting with an audience.  Not everyone can connect beyond the surface within only a few minutes.

Yet meeting professionals should try things to make their conferences more unique and interesting.  The PCMA Conference in San Diego in January 2012 had a fantastic opening session.  They had three very different speakers (one who was brought in via Skype), each with about 20 minutes.  But their opening talk was not the whole package.  Each of the speakers later presented a full length break-out session.  If audience members wanted to go deeper they could attend that session and learn more.  This was the best of both worlds.  What I liked about this was the PCMA did not simply "copy" TED by turning their keynote time into three TED-style talks, but they went further by adding the more intensive break-out option.

I am hosting a program at the 2012 National Speakers Association Annual Conference called "The Learning Lounge" (another idea from PCMA 2012).  The lounge is open as an option during all concurrent sessions.  One of the featured areas in this lounge will be a stage where we will have a series of short format talks. But this stage will also feature a master class on better PowerPoint during one of scheduled times, "Speaker's Corner" during another (a chance for anyone to come give a 5 minute impromptu talk), and presentations from the Youth Leadership attendees.  Mixing up the short format speeches with other programs is intentional.  There are six times when people can come to the lounge, and having only the 15-18 minutes talks during each "Learning Lounge" session would have gotten old before the end of the three day event.

Being new and different is a good thing.  But when all conferences try to be different by doing the same thing, then it is neither new or different.

Have A Great Day

thom singer

Thom Singer is known as "The Conference Catalyst". He works with meeting planners and conference organizers to set the tone for a meeting. His presentations educate, inspire and motivate attendees to engage deeper in the event and make meaningful connections.  http://www.conferencecatalyst.com 

www.ConferenceCatalyst.com

Cool Things My Friends Do - Mary Ellen King Named Austin's 2012 Outstanding Young Lawyer

Each Friday on this blog I enjoy highlighting some of the cool things my friends do in their work and professional lives.

This week I would want to congratulate my friend Mary Ellen King of the King Law Group who was named the 2012 Outstanding Young Lawyer by the Austin Young Lawyers Association.

Each year this award recognizes a young attorney who has shown exemplary professional proficiency, service to the profession, and service to the community.

Mary Ellen will be honored at the Austin Bar’s Annual Law Day Luncheon and Annual Meeting on May 4, 2012.

I enjoy seeing people receive kudos for the good work they do in their career and community!

Have A Great Day

thom singer

Free speech at the old ballgame

I have suggested that the brouhaha over Ozzie Guillen's "praise" of Fidel Castro was silly, in the sense that we are giving far too much creedence to the words of a baseball manager who has built a career out of saying provocative things. (I also recognize that I do not equate Castro with Hitler and thus do not get as exorcised over tepid compliments directed his way).

But I have also argued that the calls from some in the Miami-Cuban community for a boycott of the team and/or for Guillen's firing reflect precisely what the First Amendment demands: counter-speech in response to speech you don't like.

I attended today's game at Marlins Park (against my inept Cubbies), the third game since Guillen's reinstatement after a five-game suspension. Inside, Marlins fans seem to have moved on. I did not see any signs or banners about Guillen and he was not booed on any of the many, many times he came on the field to change pitchers or when he came out to celebrate the Marlins' victory. Outside, there were about two dozen anti-Guillen protesters, mostly in their 50s or 60s or older, which fits with the demographics of anti-Castro sentiment in Miami. No one seemed to be paying them much attention, other than to take pictures on their cell phones.

Mine are below.

Crime doesn't pay, but may taste good

From this link:

Former Florida guard Erving Walker has pleaded no contest to a petty theft charge of stealing a $3 taco ... and fined $301.

Walker, who just completed his senior season and ranks first in school history in assists, was arrested March 30. Gainesville Police said he ordered a taco from a street vendor, got the food and ran away without paying. ...

Roger Clemens Trial, Take 2

Barring an unexpected twist, like a mistrial being declared, U.S. v. Roger Clemens will be heard before U.S. District Judge Reggie Walton over the next four to six weeks.  This is the case's second trial, with last summer's trial being declared a mistrial because prosecutors showed jurors comments by U.S. Congressman Elijah Cummings about his views on the credibility of Andy Pettitte and his wife, Laura.  This is likely the last "major athlete and steroids-related perjury" case that we'll see for many years.  I suspect it will go out with with some fireworks.

I preview the trial for SI.com and also for CNN.

The Purpose of Business Meetings

The current situation and investigation of the GSA's Las Vegas event has many people up in arms about the investment that companies, associations, and governmental agencies make on hosting business meetings.  People who question the purpose and power of business meetings are rattling the cage and making noise just as they did after "Muffin-Gate" in 2011 (the over hyped and twisted story that a DOJ paid $16 per muffin at a meeting coffee break).  But there is more to meetings than the costs to produce a meaningful conference.

While it can sound expensive, the realities of hosting events do cost money.  Hotels, meals, transportation, professional speakers, entertainment, and other necessary items have associated bills.  But when a meeting becomes a "happening" there is value created.  Looking at pieces of the puzzle separately can cause some to misinterpret the real power that happens when people gather together.  Throughout history man has collected in groups to share the best ideas, learn, grow, entertain, have fun, and get inspired for the future.

Of course there are those who abuse the system, make poor spending decisions, and waste money.  I am not condoning bad behavior.  Meetings are not something you just "do"... as you need trained professionals to help you organize or you will fall prey to all sorts of mistakes. Too many jump in thinking "how hard can it be?" and wing-it in their planning.  A conference has so many parts that you should never expect the right results without the proper planning and experience.

Some people think that the meetings industry is dead.  I spoke to one person recently who said she never goes to business meetings, and thus was convinced that conferences were dying.  NOT TRUE.  Many business meetings are growing and new conferences spring up daily around the world.   The meetings industry is a multi-billion dollar business that employs over 1.7 million people in the United States.

The problem with all the discussion about meetings is there is not a clear understanding of the purpose of business gatherings.  If you talk to different people you will get different answers.  Some think meetings exits to educate.  Others to entertain.  Networking opportunities are regularly cited as a reason to attend. There are those that believe meetings a perk, while just as many view them as an obligation.  Associations can acquire much of their income from conferences and at the same time other companies and agencies have them as expenses.

Every meeting that is planned can have different purposes (even meetings that are put on by the same organization).

Since there is not a single purpose for business meetings there will always be controversy as people tend to only look at things the way they want to see them.  Those who want to see meetings as expensive can make that argument, but if you have ever been to a conference where you made a connection that changed the direction of your career, or learned something that inspired you to achieve more... then you know why there will always be business meetings.

All opportunities come from people, and bringing groups together is a way to create more opportunities.

I believe meetings exist for many of reasons, but too often even the organizers cannot tell you the clear purpose.  Working to appeal to a variety of people can leave an event too vanilla to become spectacular to anyone.  If you cannot clearly articulate the reason to host the meeting, why can you expect attendees to understand the purpose?

Knowing the answer to "why" will make the event better for everyone!

What was the last meeting you attended and why was it great? (or why was it blah?).

Have A Great Day.

thom singer

Update on Fantasy Sports and the Law: Change Coming to Maryland

For those who may have missed it, the State of Maryland on April 1, 2012 passed House Bill 7 (pdf): a bill to exempt certain online fantasy sports games from its gambling prohibitions. Instead of prohibiting all fantasy sports games, the bill will allow the state Comptroller to issue special regulations related to the governance of America's fastest growing hobby.

The recent Maryland bill defines "fantasy sports" similarly to how Congress did in the 2006 Unlawful Internet Gambling and Enforcement Act. This means that the bill only applies to fantasy games that are based on skill, have predetermined prize amounts, and derive results from the performance of multiple players across multiple teams.

Based on this definition, it seems likely that Maryland residents will soon be allowed to legally enter and collect prizes in most fee-based fantasy sports contests. Indeed, CBS Sports has already amended its Terms of Service (here) to allow Maryland residents to collect prizes. By contrast, the Yahoo! Terms of Service currently continues to disallow Maryland residents.

For a more thorough discussion of the legality of fantasy sports games as well as a list of states where participating in fantasy sports games remains risky, see my 2012 Harvard law journal article, A Short Treatise on Fantasy Sports and the Law.

Change Your Point Of View

Nobody argues that life these days can be busy.  Overwhelming for many.  We have a constant stream of information coming at us, and often we are making conscious and unconscious choices at every moment.  There is little time to sit and just "be".

I tend to see the world from my own point of view.  Others do the same thing.  Sometimes we are surrounded by people who share our ways, and other times we are in conflict with those with differing views of life.  Many people jump to the conclusions that they are "right", which makes others "wrong".  But often it is not that easy.

The knee jerk reaction to being right leaves people with a superior feeling.  When they do not have all the facts they fill in the blanks with their own guesses, and then hold their adversaries in a negative light.  I try hard to get past these "feelings" about people and situations, but it usually takes a purposeful intent to not jump to my own answers.

When I am open to looking at situations from differing points of view I am usually amazed at my understanding of what motivates people who have beliefs that do not match how I see things.  A small push of my own mind to look at something from another vantage point brings not only understanding, but also more peace.

What do you think?

Have A Great Day.

thom singer

You can't tell the players even with a scorecard

Sunday was the 65th anniversary of Jackie Robinson's Major League debut. I went to the game at the new Marlins Park, the $ 500 million public giveaway, and I was glad to be able to explain to my daughter who Robinson was. But MLB did something bizarre. Every singe player wore the # 42, without his name on the jersey. This literally made it impossible to know who was who, not only for geeky fans (like me) trying to keep score and follow player changes, but also for the PA announcer, who clearly made several mistakes in announcing who was pinch-hitting, who was pitching, etc.

I do not get the idea behind this tribute. What does it say to have every single player wear Robinson's number as his number (as opposed to as a sleeve patch), especially when it means every player seems to lose his own identity, at least for fans sitting far from the field (which at Marlins Park is pretty much everyone). Is the meaning that we all are Jackie Robinson, in the sense that all players, regardless of race or ethnicity, owe Robinson a debt? If so, the number 42 does not necessarily tell me that. I have never intimately associated Robinson with that number the way we associate Michael Jordan with 23, Wayne Gretzky with 99, or Mickey Mantle with 7.

Dangers of consequentialism

Here is a nice discussion of the problem of consequentialism in the enforcement of the rules limiting hockey violence. As the author shows, the only way to understand wildly varying punishments in four cases arising in the NHL playoffs is that suspensions were meted out where someone was injuredand weren't imposed when no one was injured, even though the conduct and intent in the non-injury cases may have been worse.

I don't believe the piece goes far enough in condemning consequentialist punishment, however. Yes, the egg-shell plaintiff rule says you are responsible for even-unanticipated harms of your wrongful conduct. But it doesn't define the wrongfulness of the conduct. That is, a non-negligent act does not become negligent because of an egg-shell victim. So smashing a player's face into the glass is not less illegal because that player is uninjured. The focus on consequences and injuries misses that point.

First thing we do . . .

An interesting (and somewhat troubling) aspect of the coverage of the Bobby Petrino story has been the notion that the university decided to fire Petrino only after "the lawyers" got involved. Arkansas's lawyers got into the mix, pointing out the liability to which Petrino may have exposed them. And everyone was scared of the plaintiffs' lawyers representing the 150+ applicants who did not get the job. Mike Wilbon at PTI has been on this point for several days, as have some internet commentators.

As Mike's investigation shows, Petrino breached university hiring protocols and ethics rules, if not state law governing employment, hiring, and perhaps fraud. That is, and ought to be treated as, a far-more-serious offense than violating NCAA regs or having an affair. And it minimizes what he did to pass it off as a matter of "lawyers" getting involved. Maybe they're involved because Petrino did something wrong and/or unlawful.

Special SI.com Investigative Report: How Bobby Petrino Gamed the System

I team up with David Epstein for an investigative SI.com story on Bobby Petrino getting a job for his mistress at the University of Arkansas. We used the Arkansas Freedom of Information Act and some old fashioned digging to uncover pretty incredible revelations.We obtained and then reviewed the resumes of every single person who applied for the football player development position that went to Jessica Dorrell.  We also went through dozens of emails and handwritten notes, and spoke by phone with a number of people connected to the story.  Hope you have a chance to read our report.

Here's an excerpt:

* * *

Former Arkansas football coach Bobby Petrino tried to sidestep University of Arkansas guidelines to quickly hire his mistress, Jessica Dorrell, as the team's player development coordinator, according to documents obtained by SI.com. The documents show that Petrino sought a waiver to circumvent a university affirmative action policy requiring that the job be posted for at least 30 days before interviews could commence. Dorrell's first interview was scheduled even before the waiver was granted by the university's Office of Equal Opportunity and Compliance.

According to the documents, obtained via a Freedom of Information request, the job listing for a player development coordinator to serve the football program was posted on March 4. Five days later, Arkansas athletic director Jeff Long pushed along a request from Petrino and sent a memo to Danielle Wood, the school's assistant director of affirmative action, asking if interviews for the position could begin even though the job had been listed for just five days, not the required 30. "We feel that flexibility is needed," Long wrote.

Records show that on March 12, Carrie DeBriyn, the human resources manager for Arkansas athletics, e-mailed the university's Office of Equal Opportunity and Compliance to ask that the hiring process be expedited at Petrino's behest. The e-mail said, "Coach Petrino would like to request to interview early due to needing a Player Development Coordinator as quickly as possible." Without filling the position quickly, DeBriyn wrote, "we could potentially make a recruiting error with NCAA rules and regulations." At 10:44 a.m. that same day, approval was granted to interview candidates. According to records, however, Dorrell's interviews had already been scheduled and were set to begin at 9:30 that same morning.

Dr. Fritz Polite, sports management professor at Tennessee and director of the Institute for Leadership, Ethics & Diversity, said that Arkansas's haste in brushing aside affirmative action hiring procedures shows that "the power lies with the coach to sidestep rules ... simply because he's winning."

* * *

To read the rest of the report, click here.  To read Andy Staples's communications with a number of the denied candidates, click here.

How to Cure Tanking

Close to five years ago, Mike McCann penned a number of important posts here at the Sports Law Blog pertaining to tanking in sports (links to all of the posts can be found here). Over the course of the past two weeks, ESPN's TrueHoop blog re-visited the issue in-depth with a number of thoughtful posts. One of the TrueHoop posts focused on the research of Adam Gold that was presented at last month's MIT Sloan Sports Analytics Conference. As a follow-up to the conference, the author recently released a video illustrating his findings in the context of the NHL, NFL, and NBA. Tanking is a fascinating topic from both a legal and economic perspective and has direct applicability to sports league policy.

Cool Things My Friends Do - Merry Maids 30th Anniversary

Each Friday on my blog I highlight cool things my friends do!

My friend Sarah Trivitt and her mother, Marilyn Gregory, celebrated thirty years in business in Westlake (Austin, Texas).  They are the owners of the Merry Maids franchise in Central Austin.  While Sarah was only two-years-old when her mom launched the company, she now is her partner and the two continue to grow the business and serve the people of Austin.

Over 100 people came to celebrate their accomplishments this week.  Family, friends, customers, employees, former employees, and other business owners toasted the continuity of their company over three decades.  In today's competitive world this is really a cool thing!!!

Congratulations to Sarah and Marilyn.  Here is to thirty more years!

Have A Great Day.

thom singer

My Business Page on LinkedIn

I recently launched a business LinkedIn page.  While the most current information and my most recent pontifications are always here on the blog, there are a wide variety of ways to communicate in the social media world.  I am looking forward to watching the LinkedIn page materialize in some unique manner.

CLICK HERE to follow Thom Singer - Professional Speaker

Thanks!

thom

Inner Purpose

I had an incident.  Details do not matter.  It was nothing catastrophic.  Hardly the stuff that people write about on their blog.  It simply caused me to think clearly about my purpose.

Purpose is the reason for which something exists.  Why do I strive to do the things I do?  Determination.  Resoluteness. What really pushes me toward success?

Interestingly, it was like a movie.  In the middle of the night I woke up and just nodded "yep, that's it!".  I grasped my purpose a little better than I had before.  I went back to sleep.

As I have gone about my business I have had this purpose in the front of my mind.  It guides me in making decisions.  It nudges me to be a better person.  An internal purpose is like the gas in your engine.  It makes me smile even when I have lost focus on what to smile about!

Without going into details, it has become clear that knowing my inner purpose has lead me to more opportunity.  Business opportunities have appeared that bring me closer to all my goals.  The two are not visibly connected, but yet they are interwoven.

This purpose has made me care less what others think (because sometimes people fill in the blanks with lots of stuff they make up in their heads), and care more about my own actions.  Although I think we all care a little about what others think, I now select more carefully whose opinions matter to me.  (others can still make me sad, but that is because I am a human being).

Mistakes scare me less.  I know I will make them, we all do.  Yet too many people make sport of gossip about the shortfalls of others while ignoring their own faults.  My faults help feed my purpose.  No matter what I do there will be those who will assume what they want to assume.  Taking ownership of my missteps and going forward while trying not to make the same mistakes twice is all we can expect from ourselves or others.

What is your inner purpose?  You don't have to tell me, but life gets better when you tell yourself!

Have A Great Day

thom singer

Entrepreneurs and Knowledge: Know What You Know (and What You Don't)

The old saying that "knowledge is power" is not just a cliche.  What you know will have a tangible impact on the long-term growth of your company.  Knowledge matters for entrepreneurs (and others).  While many successful business owners get plenty of on-the-job training, you must go into your venture with a clear understanding of what you know and don't know about running the company.

Knowledge in three areas is key:  your industry, the products/services (and how they impact the customers) and your own experience level.  While there are many example of those who have achieved high levels of success while having deficits in some of these areas, there are also examples of people who have failed because of their lack of awareness.

Being well versed in the trends of your industry will is important to the decision making process on where to focus your growth efforts.  Competitive analysis and a grasp of historical cycles allows the entrepreneur to make the tough choices with regards to R&D, expansion, and marketing investment.  This knowledge of the industry also helps in attracting key hires from the competition as your business grows.  People want to work for the industry leaders, and those who are leaders are always aware of what is happening in their industry.

Understanding your products and services helps you stay relevant.  Things change fast in today's business world, and it is important to offer what your clients desire and deem necessary.  Offerings can become obsolete quickly, and the tools with how customers gather information about competitive options are undermining buyers loyalty.  What sold yesterday may not sell tomorrow.

Self awareness is often difficult for a gung-ho first time entrepreneur.  The lure of running a business can overshadow inexperience in certain business skills.  The thrill of being your own boss does not replace an understanding of managing employees, sales and marketing, or dealing with unhappy customers.  When you are clear of areas of needed improvement you can either focus on learning the missing skills or hire people who can compensate.

Know what you know, and what you don't know.  Entrepreneurial knowledge will help you avoid common mis-steps.  Your future can easily hang in the balance of the information you gather.

Have A Great Day.

thom singer

Florida Coastal School of Law Panel on "Title IX: 40 Years and Counting"

Friday, April 13, 2012
10:00 a.m. - 12:00 p.m.
Room 250

The Florida Coastal School of Law Sports Law Society will celebrate the 40th anniversary of the Patsy T. Mink Equal Opportunity in Education Act, or more commonly known as Title IX, by hosting a panel of industry experts. Moderated by Professor Nancy Hogshead-Makar, the panel will discuss the intersection of Title IX, the commercialization of intercollegiate athletics, publicity rights of athletes, and other hot topics within athletics.

Panelists include:

• Amy Perko - Executive Director of the Knight Commission

• Kristen Galles - Civil Rights Attorney, Plaintiff’s counsel in precedent-setting Title IX cases including Mansourian v. U.C. Davis, Biediger v. Qunnipiac and Communities for Equityv. Michigan High School Athletic Association

• Robert Wierenga - Partner, Schiff Hardin, LLP – Anti-trust Defense Counsel for the NCAA, including the In re Student-Athlete Likeness Litigation (N.D. Cal. 2009), In re NCAA 1-A Walk-On Football Players Litigation (W.D. Wash. 2006), White v. Nat’l Collegiate Athletic Ass’n (C.D. Cal. 2006), and Adidas America, Inc. v. Nat’l Collegiate Athletic Ass’n (D. Kan. 1999)

Two upcoming sports law symposia

For info on these events, click on the links to Sports Agent Blog:

• Cleveland-Marshall College of Law’s 2nd Annual Entertainment and Sports Law Association Symposium (Friday April 13) -- includes Harvard Law's sports law guru Peter Carfagna and Bill Belichick's agent, Neil Cornich, among other terrific speakers.

• Amateur Hour: The Commercialization of College Athletics Panel at UMass Amherst (Wednesday April 18) -- incliudes UMass Amherst's sports law guru Glenn Wong and ESPN's Kevin Blackistone and others.

Austin Hoops for Hope

Have fun.  Raise money for charity.  AND get yourself into the Guinness Book of Records.

The Smile Never Fades (A local breast cancer charity) is hosting "Hoops for Hope" on May 20, 2012 from noon to 3:30 PM.

Join your fellow Austinites at The Long Center for the Performing Arts and twirl, twist and roll our way into the history books. Out of practice? That’s okay. The only requirements are a hoop and a smile.

Hoops for Hope is family-friendly event for people of all ages and experience levels. To top it off, all proceeds from the event will go directly to the comfort and care of breast cancer patients right here in central Texas.

To appease the lovely folks at the Guinness World Records, advanced registration is requested. The next step is to learn the routine. From there, it’s all just fun and games!

Have A Great Day.

thom singer

Ozzie Guillen and freedom of speech

I am quoted in a story on CNN about the five-game suspension that the Miami Marlins handed down to manager Ozzie Guillen for his recent comments about Fidel Castro.

Obviously, this is not a First Amendment problem, since no government entity is sanctioning or censoring Guillen. In fact, this is sort of what the First Amendment envisions: Guillen said something and a whole bunch of people are engaging in counter-speech, criticizing him, calling for a boycott, etc. It was the last one that caused the Marlins to engage in their own counter-speech by suspending him, thus expressing their displeasure with his comments. It perhaps would be nice if a large institution such as the Marlins would, in some sense, support free speech values by not sanctioning Guillen for what is clearly protected expression and only tangentially related to his job. But, again, the team has its own interests to protect and its own expressive rights that it may exercise.

Honestly, though, this all seems silly. The Marlins knew Guillen was a loose cannon when they hired him, so it is hard to take their outrage over his comments seriously. The outrage over his comments generally seems unwarranted; Guillen didn't express support or love for Castro, but made the (true) point that folks have been trying to kill Castro for going on 55 years and he's still holding on. But having lived in Miami for almost a decade, I understand and am not surprised by the reaction. Saying anything not negative about Castro is a bit like saying anything not negative about Hitler; I don't buy the equivalence, but that is a matter of perspective.

The Vermont Law School Sports Law Institute announces Blue Chips Program and Board of Advisors

Big news for the Vermont Law School Sports Law Institute: we are announcing our Blue Chips Program and our Board of Advisors.

Blue Chips is designed to provide Vermont Law School students who demonstrate a talent and passion for sports law with (1) core skills in the practice of sports law; (2) hands-on assistance in pursuing jobs, SIPs and other experiences in sports law; and (3) opportunities for research and discussion of contemporary sports law issues.

The Board includes some of the most dynamic and influential persons in the industry. These individuals will help us build one of the nation's leading sports law programs. Their relationship to our school will also foster experiential and employment opportunities for our students and alums.

For more information about The Sports Law Institute, click here.

Beyond Cooperative Significance

"Cooperative Significance" is the phrase I use to describe the need for people to help each other find success.  We all need others to assist us along the way, and yet too many are stuck trying to reinvent the wheel every day by doing things that come easy to someone else.

Everyone wants to be significant; at home, at work, in their neighborhood, in their faith community, etc....  But we cannot be significant alone in a field.

Yet people allow assumptions, snap judgments,  stereotypes, and one-time situations to close the doors on creating meaningful connections.  It is a shame.

Pride is another thing that blocks us.  We do not want to appear weak or not in control of our own lives, so shut off parts of ourselves from the outside world.  Vulnerability is a natural part of the human experience (for a great TED Talk on vulnerability you should watch the talks by Dr. Brene Brown). It seems rare for people to ask for help, even for the little things that could easily be remedied by those around them.

It is difficult to let others know you need help, but apparently it is also difficult to lend a hand.  Too often people who could make an introduction do not do so (whether asked or not).  Some who can quickly solve an other's difficulties look the other way, as they do not have the time (or some other reason).  But if we do not make the time to serve, promote and assist others, why should we ever expect anyone to take actions that for us in our hours of need?

Finally, we should all strive to be slow to anger and fast to forgive.  Everyone makes mistakes, even those who are acting to help others succeed.  If our focus is only on the flaws of others, it can magnify our own short comings.  While a second chance is difficult to grant, it is often the basis of a win / win situation.

"Cooperative Significance" can make a difference in all of our lives, but it takes everyone being willing to do a little bit more.  I recently heard a speaker say that "win / win" has come to mean; I win twice as much as the other person to far too many.  If we have to keep score, we all lose in some manner.

Have A Great Day.

thom singer

A Primer on International Basketball Arbitration

The following guest post was written by Claire Zovko of Precise Advisory Group.

As the governing body for the sport of basketball worldwide, Federation Internationale de Basketball (“FIBA”) is responsible for the integrity of basketball at the international level. FIBA is recognized by the International Olympic Committee as the sole competent authority in basketball. In May 2007, FIBA created its own dispute resolution mechanism designed for quick and inexpensive resolution of disputes related to the sport and its participants, i.e. clubs, players and agents. Originally, named the FIBA Arbitral Tribunal (“FAT”), FAT heard two cases in the inaugural year. To emphasize that it operates independently of FIBA, FAT was renamed Basketball Arbitral Tribunal (“BAT”). Within basketball, most disputes relate to unpaid wages and commissions. Almost five years after creation, BAT has heard more than 200 cases.

Disputes are “heard” by a single arbitrator with legal training and sports knowledge appointed by the BAT president. A unique feature of BAT is that the arbitration procedure is conducted in writing and 99% of cases are handled entirely though an online system. In-person hearings can be held upon request, though they rarely are. A BAT arbitral award is delivered within six weeks of the arbitral proceedings. The disputes before BAT are decided not on the basis of a national legal system but on the principle of ex aequo et bono, applying general considerations of justice and fairness without reference to any particular national or international law.

Read the full post here. Claire can be followed on Twitter at @clairezovko

Bobby Petrino's Morals Clause

I have been following with interest this week's developments in the Bobby Petrino matter. I've written in the past about morals clauses in athlete playing, coaching and endorsement contracts (as have other Sports Law Blog contributors). These are clauses that enable the team, university or company to terminate a relationship with an athlete or coach because of "immoral" conduct. I've been able to write about morals clauses a few times because there are consistently scandals, like the Bobby Petrino matter, involving a famous coach or athlete.

Morals clauses can vary widely in the conduct they cover and the remedies they provide. A broad morals clause may allow termination of a contract simply for conduct that the employer determines to be "disreputable." A more restrictive morals clause may allow for termination based only on conviction of a felony. In addition to termination, a morals clause may give the employer other remedies, such as reducing the compensation or length of an agreement, or the extent to which an athlete will be a featured endorser.

Petrino's contract allows the University of Arkansas to terminate him for "engaging in conduct, as solely determined by the university, which is clearly contrary to the character and responsibilities of a person occupying the position of head football coach or which adversely affects the reputation of the (university's) athletics programs in any way." On the face of it, this morals clause would appear to give Arkansas ample basis to terminate Petrino's contract. Even so, it remains to be seen whether it will exercise its termination right. In fact, one of the interesting aspects of morals clauses is that, despite the fact that they can be highly negotiated provisions, employers do not always invoke their rights under such clauses. Even after coaches or athletes have engaged in conduct violating a morals clause, employers make economic decisions whether to continue their association with the coach or athlete engulfed in scandal.

Rick Pitino is just one recent example who survived a scandal, and not all of Tiger Woods's endorsers ended their relationship with him. Because of Petrino's success at Arkansas, and the revenue its football program generates, Arkansas' exercise of its morals clause rights is hardly a certainty. The content of this communication is intended to provide information on recent legal developments. Your use of this information does not create or continue an attorney-client relationship nor should the information herein be construed as legal advise. This communication may constitute "Attorney Advertising" under the New York Rules of Professional Conduct and under the law of other jurisdictions.

Cool Things My Friends Do - Scott Ginsberg Book Giveaway

Each Friday I am posting "Cool Things My Friends Do" to my blog.

My friend Scott Ginsberg is a writer.  He writes for hours every day.  Sometimes he publishes his stuff, other times he files it away for later.  But either way.... he writes.

Scott is famous for saying "Writing is the basis for all wealth".  But he would rather have you read his words than pay him for his writing.

He has 13 book, and right now he is offering free downloads to all of them.

If you go to his website you can "steal" any or all of his books.  (Here is the link to all the books:  http://www.hellomynameisblog.com/2012/03/download-every-book-scott-ginsberg-has.html)

Have A Great Day.

thom singer

Must You Accept That LinkedIn Request? ---- Point / Counterpoint

The Situation:  You receive a LinkedIn request from someone in your work ecosystem, a peer at a company your company partners with. However, your interactions with this person have been unpleasant and frankly, you dislike her. Must you accept her invitation to link?

Leslie Says: No. You have nothing to gain from connecting with her.  First, you won’t ask her for introductions because you don’t want to interact with her any more than you are already forced to. Second, you won’t make a personal introduction to anyone in your network to her because she will likely be just as abrasive to them as she is to you. And finally, you don’t want people in your network to think you have a relationship with her because she is toxic. This is why LinkedIn has an IGNORE button.

Thom Says:  Yes (well, Maybe).  You need to take into account the relationship between your company and the organization where the other person works.  If you own the business, then it is a personal decision.  In this case, if they are offended by your ignoring their request it could have an impact on the partnership relationship between the companies.  While I believe you should not link to everyone with a pulse, a LinkedIn connection does not necessarily mean you are endorsing this person or that you have a close relationship.  

The Conclusion: There are no hard and fast rules with social media.  Different people use these tools in different ways, so you have think through how you interact with people in these communities.  The best advice is to be consistent


Leslie Morris is the director of marketing at SOASTA, Inc. and the editorial director at New Year Publishing, LLC.

Thom Singer is a professional speaker and corporate trainer who regularly assists companies and individuals with issues related to building their network, reputation, and brand.

The End of Entrepreneurship?

If you have the drive to be an entrepreneur, there is no end point.  Quitting is not a choice, even when facing tough obstacles along the way, there is still the internal spark to overcome and construct new path.  Entrepreneurs do not know the meaning of the words "can't", "wont", or "die".

There are many things that can happen to you and your company.  Some are good, others are not as pleasant.  Change is the only constant with the passing of time and adapting is an important trait in the world of entrepreneurial success.  You, and those around you, should not be surprised by your continued push forward.

Your company may fail.  It could run out of money or you may decide to walk away to free yourself up to be ready for more appropriate opportunities.  You might have an exit event where you sell your company (that can be a really good thing!).   Possibly you may keep ownership of the company, but turn the reigns over to another person to take the business to the next level of growth.

No matter what the reason, those separated from one company will most likely move quickly onto a new project.  The journey is never over for those who are called to create.  Like an artist, an entrepreneur will simply find a new canvas and begin something new.

The new adventure could be another start-up, working as an intrapreneur for another established company, joining the world of non-profits, or any of several other option.  Regardless of what you do next, there is rarely retirement for those who carry the entrepreneurial spirit.

There is no end of entrepreneurship.

Have A Great Day.

thom singer

Lindsey McDaniel on "NBA: Mirror Image of Summer Youth Basketball Programs"

Several years ago on Sports Law Blog, I debated Lindsey McDaniel, an educator, learning designer and basketball coach in Georgia, about the NBA's age limit and dress code (in short, I opposed them, he supported them).  Lindsey has written the following essay, in which he argues, among other points, that basketball players should spend more time in college and that parents have become far too focused on unrealistic basketball dreams for their children.  Here is the essay:

* * *

NBA: Mirror Image of Summer Youth Basketball Programs

The NBA was once a league of professional basketball players who possessed extraordinary skills. The players were considered the elite of the world due to a combination of athleticism, high basketball IQ, and a strategic mindset which far exceeded others who played the game for fun. The followers and fans of the game ranged from the executives in the boardroom to those who stood outside praying for a ticket to sit courtside. The child’s game in which Dr. Naismith created was perfected into an artistic expression of competition, where the individuals worked diligently to better their game, in order to be amongst the elite who played in the NBA. However, somewhere over time, the NBA took a turn for the worse when the opportunity to earn a substantial amount of money began to overshadow the ability to play a child’s game for fun and competition.

In the year 2004 the USA Olympic team which was comprised of players from the NBA, returned home with the Bronze Medal. In 1992, the first Olympic team with NBA players finished a rout of the Olympics, and brought home the Gold Medal with relative ease. The departure of those great players from the 1992 team has left a league which is in constant deterioration. The talented, skilled, and high basketball IQ players are outnumbered today by the money driven, selfish (THE DECISION), one on one, low basketball IQ, and all about me players. The debacle at the Olympics in 2004 was chalked up to as the rest of the world is catching up with the USA in regards to basketball talent. My thoughts on this are, the rest of the world is not catching up, but instead USA basketball is falling behind. The international game of basketball continues to appreciate the game the way Dr. Naismith intended it to be played. The international game works diligently on fundamentals, and strives to take one of the 400 spots at the NBA level. Therefore, it is not a coincidence when more and more international players are being drafted in the first round. It is not a coincidence that the champions of the NBA have at least one international player making a significant impact on their respective teams. However, home for the NBA is right here in the land of opportunity, the good old USA, and the talent pool is still primarily drawn from home grown soil. We have kids who are being sold false-dreams and convinced to enter the NBA draft, when they don’t have the strategic mindset or the mental capability to play at such a high level. However, he can perform a majestic dunk of a basketball, but don’t dare ask him to spell majestic in the interview after the game. So many can and would benefit from attending college a few more years, if they had their priorities in order, but how can you expect them to have their priorities in order when their parents are already shopping for their new Escalade.

One may not believe it, but at one time there was respect in this beautiful game. However, the potential to earn millions of dollars has spread like cancer, and is causing some coaches, parents, players from the professional level down to the grade school level to make some decisions which are borderline unethical. It is quite obvious there are some collegiate basketball programs which are now considered “one and done universities”, and there campus is only a pit-stop before the NBA draft. Therefore, since the draft is a few months away, why not pretend to attend some classes, and play some pick-up ball called March Madness. A downright disgrace and slap in the face to the programs who promote student-athletes first. Meanwhile the players at the amateur level are being groomed as early as 9 years old in summer basketball programs, which will ultimately form a loyalty allegiance as they get older; thus leading to a kid with superior talent either attending a school out of district or even out of state, as the super-teams are aligned. So why should this even matter, because the only sufferers are the high schools and districts where these students should have attended, if things were done ethically correct.

I realize that many probably want to blame the coaches at the amateur level, but in actuality the real blame should be placed on those parents who want to live their dream through their children, the same parents who see their child as a winning lottery ticket. Meanwhile they are easily convinced by these amateur coaches that their child is the next Michael Jordan, and focusing on basketball should be their number one priority. Some of these parents buy so easily into this grand scheme that they are willing to forfeit a year of their child’s education by having their child repeat a grade, so their athletic ability will far exceed the other kids they play against. Then there are the parents who have a child with average athletic ability, but the mere thought of being asked to play for an elite summer league basketball program is an honor. The coaches wow them with the mention of traveling across the United States, nice uniform, shoes, and a gym bag. Then they are told they will receive all of this for $1000 or more in some organizations. However, what they fail to realize is that the top players on these summer league basketball programs, they don’t have to pay. The coaches need them, therefore they are granted what the coaches call “scholarships”. So the question is; who is paying for those “scholarships”? The parents of the average athletic ability players foot the bill without even knowing it. Then again some of them do know it, but they could care less because their child is with an elite summer league basketball program.

As you see the NBA is becoming a mirror image of those Summer Youth Basketball Programs, so I fail to see why it is necessary to pay top-dollar at an NBA arena, when I can visit the local gym or park. If you look closely, the board executives aren’t courtside like they use to be, because you can rent And-1 mixed tapes and easily watch from the comfort of your home, at a minimal cost.

The opinion expressed in this my article is solely mine alone. (for now)

Regards,
Mr. Lindsey H. McDaniel III