MLB beats the hell out of Upper Deck

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Major League Baseball sued the Upper Deck baseball card company about a month ago for releasing baseball cards with team logos and stuff without having a license to do so. The case settled yesterday.  All that’s missing from the settlement terms is a provision which requires Upper Deck’s CEO to be Bud Selig’s butler for the next ten years:

  • Upper Deck pays MLB more than $2.4
    million it owed on back debts.  The suit was for $2.4 million. If you’re settling for the requested amount a month after the complaint was filed you have been pwned.
  • Upper Deck pays MLB “a substantial
    sum of monies” for the unlicensed cards it sold in 2010.  The amount is confidential, but based on the other terms, it was probably a lot.
  • Upper Deck agrees not to make any new sets of cards using “MLB logos, uniforms, trade dress, or Club color combinations.”  Color combinations? I’ve got very little intellectual property law experience, but if someone has the rights to use his photo and everything, can they really get sued for putting out a card of, say, Nick Swisher with a simple navy and white border?  If so, is MLB going to go after every blog, magazine, sports bar, advertisement and everything else that uses a team’s colors? Seems a bit much.
  • Upper Deck agrees it will not airbrush, alter or block MLB marks in future products.  Which is really sad, because I kinda miss cards like this one. And this one, on which people always miss the airbrushing for some strange reason. The last place were we get that kind of craftsmanship is when ESPN or Yahoo! change the players’ hats and jerseys in their little player-page headshots after they’re traded.
  • Upper Deck must receive approval from MLB for the use of baseball
    jerseys, pants, jackets, caps, helmets or catcher’s equipment in future
    products featuring players. This too is harsh. So much so that I get the feeling MLB just put this one in the demand letter to see if Upper Deck would agree to it. They’re probably laughing now. If I was Upper Deck, however, I’d use this term to my advantage. Next year: baseball’s first all-nude card set.  Now that Antonio Alfonseca is retired it’s probably safe enough to dip a toe into those waters.

Oh, and one last thing.  The statement released by MLB:

“Our settlement in the case against Upper Deck is a clear and decisive
victory for Major League Baseball. Upper Deck will be unable to release baseball trading cards that
incorporate Major League Baseball’s intellectual property in the
future.  The real winners today are the millions of fans who collect
baseball cards.  They will be able to clearly identify official Major
League Baseball trading cards without any confusion.”

Last rule of a settlement: if you can’t get the other guy to agree to some sort of neutral joint statement that doesn’t have someone declaring victory, it is less a settlement than it is a total reaming.  Come to think of it, Upper Deck should have just offered the butler thing and taken their chances with a jury if it didn’t work out.

Brett Cecil doesn’t appreciate being booed by Blue Jays fans

Toronto Blue Jays manager John Gibbons pulls relief pitcher Brett Cecil during seventh inning baseball action against the Chicago White Sox in Toronto on Monday, April 25, 2016. (Frank Gunn/The Canadian Press via AP) MANDATORY CREDIT
Frank Gunn/The Canadian Press via AP
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Blue Jays reliever Brett Cecil has had a rough start to the 2016 season. The lefty leads the majors in losses with five. With that, he carries an ugly 5.59 ERA in 9 2/3 innings. Cecil entered the season with a rather lengthy consecutive scoreless innings streak, but Jays fans seem to have short memories as the home crowd has directed boos at Cecil.

TSN’s Scott MacArthur caught up with Cecil about the booing.

Struggling early isn’t anything new to Cecil. He rode a 5.96 ERA through June 21 last year, the final time in 2015 he would yield earned runs. From his next appearance on June 24 through the end of the regular season, he posted a 44/4 K/BB ratio over 31 2/3 innings. It would behoove Jays fans to show some more patience with the lefty as Cecil could easily turn things around as he did last season.

Video: A fan tried to take a selfie with Brandon Drury after a catch in foul territory

Arizona Diamondbacks' Brandon Drury swings for a two run double off San Francisco Giants' Curtis Partch in the third inning of a spring training exhibition baseball game Tuesday, March 17, 2015, in Scottsdale, Ariz. (AP Photo/Ben Margot)
AP Photo/Ben Margot
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Diamondbacks right fielder Brandon Drury made a fantastic catch in foul territory to retire Martin Prado in the bottom of the fifth inning of Wednesday’s game in Miami. The ball was hit to shallow right field and Drury reached over the low wall before toppling over.

A fan standing nearby figured it’s the perfect time for a selfie. He stood in front of Drury while the ballplayer picked himself up off the concrete. The fan swung his phone around waggled a peace sign in front of the camera and snapped a photo.

“Selfie culture” is too often assailed by people who long ago fell out of touch. This fan, however, showed no concern for Drury’s well-being and was focused only on getting the selfie. Drury, for all this fan knew, could’ve broken a bone or suffered a concussion. Not cool.

Watch Giancarlo Stanton dodge imaginary lasers dressed as Chewbacca

Miami Marlins' Giancarlo Stanton bats and reached first on a throwing error by Arizona Diamondbacks third baseman Brandon Drury during the fifth inning of a baseball game, Tuesday, May 3, 2016, in Miami. (AP Photo/Lynne Sladky)
AP Photo/Lynne Sladky
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Marlins slugger Giancarlo Stanton really likes May 4. May the fourth is “Star Wars Day” for the obvious, punny reason.

While he was doing his normal workouts, Stanton donned a Chewbacca mask, then dodged imaginary lasers and fired back at his imaginary enemies. Who knew Chewy was so buff?

May the 4th be with you from ChewyG 👹

A video posted by Giancarlo Stanton (@giancarlo818) on May 4, 2016 at 12:51pm PDT

Video: Andrew McCutchen thinks the scorer should be fired for scoring this play an error

Pittsburgh Pirates center fielder Andrew McCutchen (22) watches from the dugout during the seventh inning of a baseball game against the Detroit Tigers on Wednesday, April 13, 2016, in Pittsburgh. Detroit won 7-3.(AP Photo/Don Wright)
AP Photo/Don Wright
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Pirates center fielder Andrew McCutchen had trouble coming up with an Anthony Rizzo line drive in the top of the third inning. The ball seemed to curve at the last minute, clanking off of McCutchen’s glove, setting up first and third with two outs for the Cubs. McCutchen was sacked with an error. Ben Zobrist then cranked out a three-run home run off of starter Juan Nicasio to put the Cubs up 3-0.

Per Rob Biertempfel of the Pittsburgh Tribune-Review, McCutchen said after the game, “Whoever scored that an error should be fired. That’s unbelievable. I did everything I could to catch it.”

Here’s the video. Rule 9.12(a) in baseball’s official rules states:

(a) The official scorer shall charge an error against any fielder:
(1) whose misplay (fumble, muff or wild throw) prolongs the time at bat of a batter, prolongs the presence on the bases of a runner or permits a runner to advance one or more bases

Pretty cut and dried stuff here. It was an error.