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.

Murray Chass rightfully nails Major League Baseball on minority hiring

Rob Manfred
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When Murray Chass lays off his vendettas against the people he feels have wronged him, he’s still capable of making some sharp points. Particularly when he’s working in his old bailiwick of the business of baseball.

On Sunday he wrote a blog post about minority hiring in baseball. As in, the nearly complete lack of it, at least in front offices:

Manfred has talked a better job on minority hiring than he has performed. He has created a pipeline program through which members of minorities are supposed to be able to advance into major league front office positions. However, no role models seem to exist as inspiration for younger employees.

In Manfred’s 20 months as commissioner, clubs have hired or promoted 19 high-ranking executives. Eighteen of the 19 are white males. The lone minority is Al Avila, the Tigers’ general manager.

Chass reports that Rob Manfred and, in the past, Bud Selig have leaned on clubs to hire friends or trusted lieutenants but claim they have no power to tell clubs who to hire when it comes to minorities. It’s pretty dang good point.

Moving beyond Chass’ points, it’s worth observing that one way baseball could better populate the executive ranks would be to hire more minorities in entry-level positions. What a better way to become a friend and crony than to have, you know, been there a long time? The game has had a horrible track record in doing this, however, for one simple reason: it pays crap wages for all but the highest of executive positions, pushing away candidates for whom money is, in fact, an object to pursuing a dream in baseball which, by demographic necessity, favors the rich and thus favors whites. Earlier this year MLB launched a pipeline program aimed at getting more minority candidates into entry level MLB jobs. That’s a good start to addressing the problem, but it’s going to take years for that to bear fruit, assuming it ever does.

Back in June Kate Morrison and Russell A. Carleton of Baseball Prospectus wrote a four-part series regarding this very issue, and it’s well worth your time. Among the points made is one that, given his vendettas, Chass surprisingly didn’t make himself: sabermetrics is partially to blame! Go read Kate and Russell’s work on that, but the short version: front offices want MBA/STEM types now, not people with athletic backgrounds. People with those degrees have expensive educations and, in turn, cannot afford to take pennies to work in baseball when they can make far more in other industries, thereby continuing to favor the rich and the white.

I don’t think Rob Manfred or Bud Selig before him or the people who run major league baseball teams are bigots. I don’t think that baseball, as a whole, wants to keep minorities out of top jobs. Chass doesn’t make such a claim either and he, like I, noted the pipeline program.

But baseball is a business rife with cronyism and nepotism which leads those in power to hire friends and relatives, thereby keeping the executive class overwhelmingly male and white. Baseball has shown that, when it wants to, it can lean on teams to make certain hiring choices. Will it do the same to push for greater minority representation in management ranks? Or will it continue to throw up its hands up and say “hey, that’s on the clubs?”

Tim Tebow hits a homer in his first instructional league at bat

PORT ST. LUCIE, FL - SEPTEMBER 20: Tim Tebow #15 of the New York Mets hits a home run at an instructional league day at Tradition Field on September 20, 2016 in Port St. Lucie, Florida. (Photo by Rob Foldy/Getty Images)
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Because of course he did.

It wasn’t just his first at bat, but it was his first pitch. It came off of John Kilichowski, an 11th round draft pick of the St. Louis Cardinals out of Vanderbilt.  The ball went out to left center, off the bat of the lefty Tebow.

Next time, meat, throw him a breaking ball.