SOME THOUGHTS ON TOM BRADY,HIS REFUSAL TO TURN OVER HIS PHONE

[LJRomanoff]

I highly doubt it would even get this far, but if it did, the NFL could be declared a monopoly and under federal law can be broken up if deemed one.

Monopolies aren't illegal and the NFL could easily make a winning argument that they are essentially an entertainment company and are competing with the NBA, MLB, etc. The court would have to prove that the NFL was deliberately acting in a way to injure competitors or potential competitors and even then being split into multiple companies would be the harshest punishment. There is 0% chance of that happening.

I'm sure the NFL doesn't want to litigate but it's not because they are any risk of being forcibly dissolved.

 

[Palm Beach Pats Fan]

There are programs that can recover deleted texts.

And you'd have to turn the phone over to somebody to do that. Thus it's not the simple Wells story that "Hey Tom, you and your lawyer just go ahead and pick out the relevant ones and give them to us".

It would necessitate physically giving up your phone, with sensitive union information on it, to the legal representatives of management.

 

[Deus Irae]

And you'd have to turn the phone over to somebody to do that. Thus it's not the simple Wells story that "Hey Tom, you and your lawyer just go ahead and pick out the relevant ones and give them to us".

It would necessitate physically giving up your phone, with sensitive union information on it, to the legal representatives of management.

Exactly

 

[fair catch fryar]

Monopolies aren't illegal and the NFL could easily make a winning argument that they are essentially an entertainment company and are competing with the NBA, MLB, etc. The court would have to prove that the NFL was deliberately acting in a way to injure competitors or potential competitors and even then being split into multiple companies would be the harshest punishment. There is 0% chance of that happening.

I'm sure the NFL doesn't want to litigate but it's not because they are any risk of being forcibly dissolved.

Actually, most monopolies are illegal under the Sherman Antitrust Act, which is why the NFL currently has an exemption which has been the target of threatened lawsuits in the past. I know it will never come to that, my personal opinion is that it can be argued that the NFL is trying to limit competition through the actions of Roger Goodell and his abuse of power. There are bylaws and a CBA that states what is within his power and what isn't. There is a due process that must be followed and it's pretty clear that Goody isn't playing fair.

 

[LJRomanoff]

Actually, most monopolies are illegal under the Sherman Antitrust Act, which is why the NFL currently has an exemption which has been the target of threatened lawsuits in the past. I know it will never come to that, my personal opinion is that it can be argued that the NFL is trying to limit competition through the actions of Roger Goodell and his abuse of power. There are bylaws and a CBA that states what is within his power and what isn't. There is a due process that must be followed and it's pretty clear that Goody isn't playing fair.

Monopolies aren't illegal under the Sherman Act, anti-competitive acts are. Naturally occurring, "non-coercive" monopolies are not illegal. And the NFL's exemption is related to their ability to sell broadcast rights as a unit rather than having individual teams sell media access. The NFL bought this exemption by agreeing to avoid scheduling games on Fridays and Saturdays and not playing in stadiums under 50,000 capacity. It's never been about the NFL being a monopoly.

 

[PatsFanInVa]

The NFL claims to have narrowly tailored its request for texts having to do with defamegate.
So let's play contrafactuals:

1) Brady turns over 12 texts or 100 texts or 1000 texts to Jastremski or "EQ staff @patriots.com" or something. Proves Brady knew Jastremski. Guilty!

2) NFL leaks

3) Brady is asked where the rest of the texts are.

4) Brady says "that's it," and the NFL says "It's more probable than not there's more. Guilty!"

5) NFL leaks

6) Brady says "I don't have another damn text on my phone." NFL says "Gimme the phone. Oh yeah also, GUILTY!"

7) NFL leaks

8) Brady says "You said I got to just deliver you the texts." NFL says "GUILTY!!!!!!!!"

9) NFL leaks... "What's Brady Hiding Now?"

... and so on, and so on, and so on. Just like the 5th follow-up interview with McNally - the Pats were uncooperative because they only gave them 4! Guilty!

Given the league's pattern of behavior in this whole thing, I'm not too surprised that Brady/Yee be like...

 

[Rawky77]

Monopolies aren't illegal and the NFL could easily make a winning argument that they are essentially an entertainment company and are competing with the NBA, MLB, etc. The court would have to prove that the NFL was deliberately acting in a way to injure competitors or potential competitors and even then being split into multiple companies would be the harshest punishment. There is 0% chance of that happening.

I'm sure the NFL doesn't want to litigate but it's not because they are any risk of being forcibly dissolved.

The NFL is exempt from most antitrust laws, i.e. laws governing Monopolies, because they are a group of individual team owners working together to offer Football to fans and their are many advantages to them in making collective decisions such as marketing, play schedules and so on. While the NFL is exempt from certain antitrust laws each club, team is individually owned and operated setting their own management pay scales and ticket prices and paying their own Fed and State taxes etc.

 

[LJRomanoff]

The NFL is exempt from most antitrust laws, i.e. laws governing Monopolies, because they are a group of individual team owners working together.

Right, they are a cartel.

 

[eom]

I really think the phone question is irrelevant --- wells only sets this up to trump up some noncooperation charges because he needed something.
basically, equivalent to a cop busting out your taillight or dropping a bag of weed that he 'found' on you.

 

[Patsfanin Philly]

I really hope that this goes to court and they ask for/subpoena the league office's cell phones..Kensil, Vincent, Goodell etc....I'd like to see their reaction....
"ain't as much fun when the deer has the gun"

 

[flasox27]

I agree the phone issue is all part of set up to get Brady and the Pats. Don't Wells and Goodell realize that text messages and e-mails are the same when viewed at the senders and receivers phones.If they have Mc Nally's amd Jaz's phones they have all the messages from Brady

 

[TruthSeeker]

The justification would be that Goodell delegated this power to Vincent, which I believe is within his right. Now I am not suggesting that Goodell even has the right to punish Brady in this instance, with the reason already eloquently stated in the original post. What I am referring to is Goodell ' s general right to punish a player for detrimental conduct.

My understanding of the CBA is that Goodell does not have the right to delegate the power to determine penalties. This is what I believe the NFLPA will battle first and ultimately win in court.

 

[Deflatemyballs]

I love how people will down vote posts because they're uptight babies with no sense of humor who probably got stuffed in lockers when they were in high school

 

[Deflatemyballs]

The NFL claims to have narrowly tailored its request for texts having to do with defamegate.
So let's play contrafactuals:

1) Brady turns over 12 texts or 100 texts or 1000 texts to Jastremski or "EQ staff @patriots.com" or something. Proves Brady knew Jastremski. Guilty!

2) NFL leaks

3) Brady is asked where the rest of the texts are.

4) Brady says "that's it," and the NFL says "It's more probable than not there's more. Guilty!"

5) NFL leaks

6) Brady says "I don't have another damn text on my phone." NFL says "Gimme the phone. Oh yeah also, GUILTY!"

7) NFL leaks

8) Brady says "You said I got to just deliver you the texts." NFL says "GUILTY!!!!!!!!"

9) NFL leaks... "What's Brady Hiding Now?"

... and so on, and so on, and so on. Just like the 5th follow-up interview with McNally - the Pats were uncooperative because they only gave them 4! Guilty!

Given the league's pattern of behavior in this whole thing, I'm not too surprised that Brady/Yee be like...

Sorry for the red x chief but aliens are no laughing matter

 

[PatsFanInVa]

LMAO I can X-fight all day kiddo.

 

[Deflatemyballs]

It's a young mans game old man

 

[Deflatemyballs]

LMAO I can X-fight all day kiddo.

I will stuff you in an Internet locker old man

 

[PatsFanInVa]

It's a young mans game old man

It's a child's game, actually. Your turn w/the red X.

By the way, what's an internet locker? What's that mean?

 

[Deflatemyballs]

It's a child's game, actually. Your turn w/the red X.

By the way, what's an internet locker? What's that mean?

You're a humorless nerd you should know plenty about getting stuffed in lockers. And you were the first one to start with the "disagree"option instead of replying to my verbal locker stuffing little boy. You come at the king you best not miss

 

[PatsFanInVa]

Oh okay you're being witty, and that's the locker-stuffing, and I'm being humorless and stuffed in the locker? Just making sure I understand you correctly and you're not threatening me. You know, b/c I'm a nerd and stuff.