Grady Sizemore sics his lawyers on a blogger

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The Diamondhoggers blog put up a couple of those oh-so-sexy photos of Grady Sizemore yesterday.  Last night, Sizemore’s lawyers sent them a cease and desist letter, threatening suit if they don’t take them down.  I haven’t practiced law since last Friday, but I suppose I can brush off the rust and parse this bad boy:

“It has come to our attention that you are posting a number of photographs of Mr. Sizemore that are his property. The photographs, which were stolen from a personal computer . . .”

Oooh, clever lawyer.  Stolen from “a” personal computer. Not “Mr. Sizemore’s” personal computer. A small distinction, but one that had to be made because every single article on the topic has reported that the pics were stolen from the computer of one Brittany Binger — Grady Sizemore’s girlfriend — after Sizemore sent them to her.  Which means that the photos aren’t Mr. Sizemore’s property. Unless Grady gave them to Binger on a lease with an option to buy.  If a letter should be coming from anyone it should be coming from Binger’s lawyer. Maybe Sizemore has a copyright complaint as the photographer, but I don’t think that’s what is really animating this letter, do you?

“. . . the posting of pictures known to be stolen is an invasion of Mr. Sizemore’s property and may be actionable at law. Such posting, therefore, subjects the Website, you, your employees and principals, and all individuals/entities associated with this activity to serious potential liability.”

Oh noes!! Not Serious Potential Liability!! Is that like Double Secret Probation?

Look, the key word here is “may.” The law on this varies from state to state, but to sue someone for invasion of privacy, there has to be some sort of an intrusion on one’s private affairs or the revealing of one’s private information, with “private” being defined (roughly) as “stuff no one knows,” not “involving one’s privates.”

Setting aside the fact that these pics were all over the Internet before Diamondhoggers posted them, if I was defending the case I’d feel pretty comfortable arguing that Grady lost any claim to privacy the moment he hit “send” and transported the pics over any number of servers and to any number of potential recipients, intended or otherwise.

“We trust that you can appreciate the serious nature of this situation . . .”

Serious? sorry, I saw the pics and there’s nothing serious about them. They’re absolutely hilarious.

“We ask that you preserve any records associated with the submission of the photographs to you in anticipation of a criminal complaint to be filed with local law enforcement.”

Great moments in boilerplate threat-letter language. I’m not sure where the writers of Diamondhoggers live, but I’m guessing that it’s in a jurisdiction where law enforcement officials don’t give a diddly durn about Grady Sizemore’s girlfriends’ pictures being reposted on the Internet. What, you think McNulty, Bunk, Freamon and Pryzbylewski are sitting in the dingy offices of the Nudie Internet Pic Takedown detail just waiting to spring into action?  If anyone goes after anyone for this it will be feds going after the person who hacked the computer in the first place, and even then, this sort of thing isn’t high on anyone’s list.

“Should you fail to comply immediately with the terms of this letter, we will be forced to explore all available remedies against the Website and you.”

Sorry, your threat letter pretty much constitutes all the remedies there are.

Look, it’s obviously a crime to hack someone’s computer, and if Sizemore’s girlfriend’s computer was hacked, whoever did it should have their butt in a sling (and if they’re liable to anyone it’s his girlfriend, not Sizemore).  But these poor bloggers didn’t hack anything. They merely posted something that about umpteen hundred other websites posted yesterday, long after the initial crime — assuming there even was one — took place.

A cease and desist letter like this — coming from the legal arm of Sizemore’s agents, by the way — is an exercise in P.R. damage control, and a hamfisted one at that.  Sizemore showed some bad judgment in taking these pics of himself and sending them into cyberspace. Anyone who has been alive for the past decade or so knows that what happened with them — their ultimate release to the public — was inevitable.

Most people in Sizemore’s situation would probably take this as a learning experience, hope it all dies down quickly and move on. Sizemore decided to release the legal hounds to harass bloggers.  Which is a pretty weak move on Grady’s part in my mind.

MLB-MLBPA announce the postponement of the Puerto Rico series due to Zika concerns

Ricardo Arduengo -- Associated Press
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This, as we have noted previously, was inevitable. But Major League Baseball and the MLBPA just issued a joint press release announcing the postponement of the late May series between the Pittsburgh Pirates and the Miami Marlins in Puerto Rico. The reason: fears of Zika in light of the outbreak on the island. The series has been moved to Marlins Park in Miami.

From the release:

The Players Association requested that Commissioner Robert D. Manfred, Jr. relocate the games after numerous players expressed concerns about contracting and potentially transmitting the Zika virus to their partners.  Players and staff of both Clubs received full briefings from the Centers for Disease Control and Prevention (CDC) science staff regarding the risks associated with the Zika virus, and the recommended precautions for travelers including those with partners who are pregnant or attempting to conceive.  After discussing the issue with all involved parties, and consulting with federal and Puerto Rican government officials at the highest levels, Commissioner Manfred decided that the players who objected to the trip because of their specific family situations should not be forced to travel to Puerto Rico.  Because too many regulars on both Clubs fell into that category, Commissioner Manfred had no choice but to relocate the games.

The release goes on to say that, in lieu of the games, MLB will stage several youth baseball and community events in Puerto Rico later this month, which will be attended by Commissioner Manfred and several former MLB players. Both MLB and the Players Association also will make contributions to the CDC Foundation to assist the efforts to eradicate Zika in Puerto Rico.

Ultimately, far too many players voiced concerns about playing in Puerto Rico. Expect officials from Puerto Rico to blast the decision as hysteria and alarmism, as they did in anticipation of it in recent days. Also, expect there to be more discussion about Zika in the future, as it’s already something that is entering Florida and will likely be a bigger problem on the U.S. mainland in the future than it is now.

 

What’s on Tap: Previewing Friday’s Action

New York Mets starting pitcher Noah Syndergaard throws during the first inning of the baseball game against the San Francisco Giants at Citi Field, Sunday, May 1, 2016 in New York. (AP Photo/Seth Wenig)
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One game started already. Nats and Cubs in Chicago. As I write this, the Cubs are up 4-2 and Max Scherzer has given up three home runs. Woops.

The rest of the action is ahead of us, however, and the future holds any number of possibilities. Like a Kenta Maeda vs. Marcus Stroman matchup in Toronto. And Vince Velasquez and the Phillies trying to cool off a red hot Marlins team in Miami. Way out west in San Diego Noah Syndergaard goes against the Padres. This has been quite a year for pitchers putting up their best line of their lives against the Padres, so look for Syndergaard to strike out, like 30 Padres. Which, yes, I realize that’s impossible, but I have faith in both Thor and the Friars to do the impossible if they really put their minds to it.

Anyway, here are the games. Most of you are off work tomorrow so stay up late, have fun and watch baseball. And maybe do it even if you gotta work.

Boston Red Sox (Rick Porcello) @ New York Yankees (Michael Pineda), 7:05 PM EDT, Yankee Stadium

Oakland Athletics (Rich Hill) @ Baltimore Orioles (Ubaldo Jimenez), 7:05 PM EDT, Oriole Park at Camden Yards

Los Angeles Dodgers (Kenta Maeda) @ Toronto Blue Jays (Marcus Stroman), 7:07 PM EDT, Rogers Centre

Kansas City Royals (Yordano Ventura) @ Cleveland Indians (Danny Salazar), 7:10 PM EDT, Progressive Field

Milwaukee Brewers (Tyler Cravy) @ Cincinnati Reds (Tim Adleman), 7:10 PM EDT, Great American Ball Park

Philadelphia Phillies (Vince Velasquez) @ Miami Marlins (Wei-Yin Chen), 7:10 PM EDT, Marlins Park

Texas Rangers (Cole Hamels) @ Detroit Tigers (Jordan Zimmermann), 7:10 PM EDT, Comerica Park

Arizona Diamondbacks (Zack Greinke) @ Atlanta Braves (Aaron Blair), 7:35 PM EDT , Turner Field

Minnesota Twins (Ricky Nolasco) @ Chicago White Sox (Mat Latos), 8:10 PM EDT, U.S. Cellular Field

Seattle Mariners (Taijuan Walker) @ Houston Astros (Doug Fister), 8:10 PM EDT, Minute Maid Park

Pittsburgh Pirates (Francisco Liriano) @ St. Louis Cardinals (Carlos Martinez), 8:15 PM EDT, Busch Stadium

Tampa Bay Rays (Chris Archer) @ Los Angeles Angels (Cory Rasmus), 10:05 PM EDT, Angel Stadium of Anaheim

Colorado Rockies (Chad Bettis) @ San Francisco Giants (Madison Bumgarner), 10:15 PM EDT, AT&T Park

New York Mets (Noah Syndergaard) @ San Diego Padres (Drew Pomeranz), 10:40 PM EDT , Petco Park

CC Sabathia goes on the disabled list with a strained groin

New York Yankees starting pitcher CC Sabathia throws to the Baltimore Orioles in the first inning of a baseball game in Baltimore, Wednesday, May 4, 2016. (AP Photo/Patrick Semansky)
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CC Sabathia pitched wonderfully Wednesday night, tossing seven shutout innings in what was easily his best start in ages. But since we live in a world in which we simply cannot have nice things, that sweet has to come with some sour: the Yankees just announced that they have placed Sabathia on the 15-day disabled list with a strained groin.

The Yankees have replaced Sabathia on the roster with their old friend Phil Coke, whose contract they just purchased from Scranton.

The Yankees have had bad luck with all of their starters not named Masahiro Tanaka so far this year. Losing one of them just as he put together his best start of the season is just a killer.

Tim Lincecum’s showcase is a lot bigger a deal than it seemed before

Tim Lincecum
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When a pitcher doesn’t sign anywhere before or during spring training people sometimes wring their hands a bit, but it’s usually the case that they’ll be OK if they are patient. Once the season starts guys start going down with injuries left and right or show that they’re ineffective. In such cases, a free agent pitcher’s value goes way up. He’s a relatively low cost option for a team which, a month ago, seemed set but is now suddenly desperate.

Tim Lincecum may benefit from that dynamic.

As we noted earlier today, the Angels’ rotation is a hot mess now that Garrett Richards is out for the year and Andrew Heaney‘s absence may be just as extended. The back end of the Giants’ rotation is likewise a mess. Lincecum was never seriously on San Francisco’s radar this past winter, but given how Matt Cain and Jake Peavy are going, those crazy kids may get back together. The Dodgers could use a pitcher and their competition with the Giants may make this whole situation a lot more profitable for Lincecum than it might have otherwise been.

Of course, Lincecum still has to show that he can pitch and that he’s healthy. That’s why he’s having the showcase, that goes down here very shorty — 2:30 eastern time — and you can watch it streaming live at CSNBayArea.com.