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  1. #1
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    Seriously, how could Sterling be forced to sell something he owns?

    Obviously what he did was wrong. 100%. But how could someone be forced to sell something they own based on their personal views? I don't blame the players, fans, or coaches for wanting him out, but they can't really force him, can they?

  2. #2
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    Id imagine they can force him out when all of the players, coaches, gms, owners, fans, sponsors, etc ALL want him out. Maybe this was just the final straw

    I meese you Seńor Rodriguez

  3. #3
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    because its not like owning your own business,he's a franchisee.which means he owns them conditionally ,he is subject to bylaws that he agreed to when he bought the team.....and one of the bylaws is that the commissioner can force the sale of a team

  4. #4
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    They can't force him to sell the operating team per se, but the NBA can revoke his NBA franchise status. They can refuse to schedule games and not include him in the draft. They can force him to take down all signage related to the NBA, and remove all Clippers products from NBA distribution partners. They can erase the Clippers from all NBA related material and remove the Clippers from all national broadcasts. They can absolve all players on the Clippers from all rules and obligations related to the CBA and NBA including media time and promotional events.

    Think of it like McDonalds. McDonalds can make you take down the McDonalds signage, and stop you from serving McDonalds products. They can't take away your seats and your kitchen or your employees, but they can effectively make you stop being a McDonalds.

    Yes, Sterling would still have a team, but it won't be part of the NBA.

    So yes, they can force his removal from the NBA if the 29 other owners REALLY want to force the issue and threaten to destroy the value of the Clippers as a NBA basketball team.

    That's assuming they don't already have Master Franchise agreements that allow them to seize control of the Clippers and begin a sale of the Clippers, which they may or may not have depending upon the bylaws of the NBA franchise agreement.
    J.R. Smith: "They were pretty much scoring at will. Especially my guy. I don't know what the hell I was doing on defense."

    Raymond Felton : "The play was give the ball to Melo."

  5. #5
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    With the amount of attention this story is getting, this is turning into VERY BAD PR for the league as a whole. The NBA is very "image driven" Trying to avoid some of the things the MLB and NFL have to deal with. That POS Sterling has the right to feel however he feels, and the Clips are his property, but I can see the other 29 owner getting together and pressuring Sterling to sell as a very drastic damage control move.

    First things first is proving that's his voice on the tape, which will be tough because it's illegal to record a private conversation w/o the other party's knowledge in CA. Keep in mind Sterling is a lawyer. He will fight till the bitter end.


    JETS KNICKS YANKEES

  6. #6
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    It will come down to financial pressures from the free market economy. Money will talk in this situation and the other owners and league will respond.



    she says go for the championship

  7. #7
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    They can't oust him out. You can't oust out an owner on the basis of what was said during a PRIVATE CONVERSATION. If his comments were made public by himself on his own power, then we'd be talking.

    But as of right now, I don't see how they can force him to sell. And I don't think he will.


    Doc will have to ask out of his contract and CP3 will have to demand a trade.

  8. #8
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    He doesn't OWN the team any more than you can OWN a Subway sandwich store. It's a franchise, there are conditions and bylaws he has to be aware of.

    Legally there is even precedent, Ted Stepien was "forced" out after citing the importance of fielding more white players, believing that would boost attendance. A deal was brokered between him and Stern.

    "Requiring the sale of a team would be the most severe sanction," said sports lawyer Jeffrey Kessler, a partner at Winston & Strawn LLP. "But I believe the NBA would take the position that the commissioner has the necessary authority to take action." He said article 35 of the NBA's constitutional bylaws—which aren't public—gives the commissioner those powers.
    Quote Originally Posted by Larry Bird
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    Quote Originally Posted by Michael Jordan
    Talent wins games, but teamwork and intelligence wins championships.

  9. #9
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    Quote Originally Posted by P&GRealist View Post
    They can't oust him out. You can't oust out an owner on the basis of what was said during a PRIVATE CONVERSATION.
    Yes. They can. Read my last post. It's happened before and there's a bylaw specifically made for this sort thing.
    Last edited by Goose17; 04-28-2014 at 02:48 PM.
    Quote Originally Posted by Larry Bird
    It doesn't matter who scores the points, it's who can get the ball to the scorer.
    Quote Originally Posted by Michael Jordan
    Talent wins games, but teamwork and intelligence wins championships.

  10. #10
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    Quote Originally Posted by FYL_McVeezy View Post
    With the amount of attention this story is getting, this is turning into VERY BAD PR for the league as a whole. The NBA is very "image driven" Trying to avoid some of the things the MLB and NFL have to deal with. That POS Sterling has the right to feel however he feels, and the Clips are his property, but I can see the other 29 owner getting together and pressuring Sterling to sell as a very drastic damage control move.

    First things first is proving that's his voice on the tape, which will be tough because it's illegal to record a private conversation w/o the other party's knowledge in CA. Keep in mind Sterling is a lawyer. He will fight till the bitter end.
    Proving that it's his voice has nothing to do with whether it was legal to record the conversation or not.

    The NBA simply has to hire a voice authentication specialist, compare the audio on the tape to voice samples of Sterling in other interviews. Then they run it through computer audio wave comparisons and look for identifying commonalities in speech, tone, lisps, etc.

    They then scan the audio for detectable breaks or gaps in the recording and shifts in audio consistency (evidence of tampering).

    They don't require the source to be legal. You can identify whether an audio recording is of a specific person or not with a very high level of accuracy, accurate enough that it would eliminate virtually any reasonable doubt.

    And the legality of the source of the recording is irrelevant as the recording became public in nature as soon as it was released to the public. And since it went public, the impact upon the NBA is real will be measurable in lost income and damage to the NBA brand.

    The NBA doesn't need to address whether the recording was obtained legally or not once it becomes public. They only have to show to a judge that there is measurable and substantive damage to the revenue and brand of the NBA in order to justify a move to remove Sterling. At that point they are acting to protect the interests of the NBA.
    J.R. Smith: "They were pretty much scoring at will. Especially my guy. I don't know what the hell I was doing on defense."

    Raymond Felton : "The play was give the ball to Melo."

  11. #11
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    the owners have given the league a tremendous amount of power. They jointly agreed to giving the league these powers. while the documents that outline the details of the league's power here are not public it is reasonable to assume that if the league can not force Sterling to sell they can apply plenty of pressure. The pressures he will feel from the league, other owners, players, business community, and people within his own organization will likely be to much for him to withstand. I would be very surprised if Donald Sterling had any affiliation with the NBA after this year.
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  12. #12
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    Quote Originally Posted by torocan View Post
    Proving that it's his voice has nothing to do with whether it was legal to record the conversation or not.

    The NBA simply has to hire a voice authentication specialist, compare the audio on the tape to voice samples of Sterling in other interviews. Then they run it through computer audio wave comparisons and look for identifying commonalities in speech, tone, lisps, etc.

    They then scan the audio for detectable breaks or gaps in the recording and shifts in audio consistency (evidence of tampering).

    They don't require the source to be legal. You can identify whether an audio recording is of a specific person or not with a very high level of accuracy, accurate enough that it would eliminate virtually any reasonable doubt.

    And the legality of the source of the recording is irrelevant as the recording became public in nature as soon as it was released to the public. And since it went public, the impact upon the NBA is real will be measurable in lost income and damage to the NBA brand.

    The NBA doesn't need to address whether the recording was obtained legally or not once it becomes public. They only have to show to a judge that there is measurable and substantive damage to the revenue and brand of the NBA in order to justify a move to remove Sterling. At that point they are acting to protect the interests of the NBA.
    Good point made. Legality is not the issue in regards to the NBA's investigation. Thanks for the clarification. With that being said, I think there's a significant chance that Sterling could be pressure into selling by the league, especially if attendance/merchandise sell go down, and Clips continue to lost sponsorship.

    If I were Cp3, BG, and Doc, I would all demand a trade to force his hand....On top of that CP3 is the NBAPA Pres. Yeah this isn't looking good for Sterling right now.


    JETS KNICKS YANKEES

  13. #13
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    Quote Originally Posted by Goose17 View Post
    Yes. They can. Read my last post. It's happened before and there's a bylaw specifically made for this sort thing.
    We'll see.

  14. #14
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    The real question is if you're Sterling how long do you let this drag on before you just bow out? Is the prestigious title of being a "owner" really worth being a piriah in your own town?

    Mind you his ex claims to have hours more of conversation even worse than the stuff we've heard. If its me I'd rather just leave on my own terms than get isolated, humiliated, and effectively forced out.

    He's still going to laugh all the way to the bank in the end but he's attended his last Clipper game....

  15. #15
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    I would think owners and NBA have some kind of bylaw that if you being an owner is hurting the league, something has to happen.

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