Chuck Reed San Jose

San Jose sues Major League Baseball, challenging its monopoly power

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The City of San Jose has sued Major League Baseball in an effort to get the Oakland A’s to relocate to San Jose, to challenge the Giants claim to rights over the territory and to challenge Major League Baseball’s long-standing monopoly power.

The lawsuit, a copy of which can be seen here, and which is analyzed in-depth here, alleges that Major League Baseball has caused San Jose to lose prospective financial benefits and deals by virtue of the A’s moving there and violations of state and federal antitrust laws.

This will get big headlines, but until I see the lawsuit or have someone tell me otherwise, I can’t see how the City of San Jose would have a leg to stand on. Literally: I think legal standing is a big, big problem here.

Standing, for purposes of a lawsuit, is the idea that focuses on whether a plaintiff in a lawsuit can show that he or she some personal legal interest that has been damaged by the defendant. It is not enough that the plaintiff has an interest of sorts or a prospective interest. It has to be a concrete personal stake in the outcome of the suit. You may be very interested in a big real estate deal going down, but you can’t sue the people involved for not letting you into the deal on the idea that, “man, I would’ve made a ton of money!”  You have to be in the deal already and have your rights violated.

I don’t see how San Jose has that standing here. Yes, they would benefit greatly from the A’s moving to San Jose and yes MLB’s monopoly rules which control where franchises can and cannot be are preventing it. But they are not party to those rules. They have no hard and fast deal with the Oakland A’s yet. There have been statements of principles and plans announced pending MLB approval of an A’s move, but nothing hard and in stone. Indeed, if the A’s had committed to San Jose in such a way already, the Giants and/or Major League Baseball likely would have sued them by now.

I hate baseball’s monopoly power. I think it makes watching games on TV difficult and I think it makes the game less competitive by keeping teams from doing everything they can to compete. But that doesn’t give me the right to sue Major League Baseball over it. The A’s in San Jose would make San Jose’s life way better too, many would argue. But just because they’re not doesn’t give San Jose the right to sue either. What would make this different is if Lew Wolff and the A’s were involved. And I find it almost impossible to believe that they would be.

UPDATE: How about more than impossible the A’s would be involved here. From Michael McCann’s column about Frank McCourt back in 2011 in Sports Illustrated:

MLB could also highlight the “waiver of recourse” clause found in the MLB constitution. This clause prevents clubs from engaging in litigation against the commissioner, the league or other owners. Indeed, by virtue of becoming a franchise owner, an owner waives away the right to seek remedies that would normally be available through the legal system. The clause also compels owners to resolve their differences internally and to accept the commissioner’s judgment as binding.

This would prevent the A’s from joining in.  I’m told the San Jose complaint, however, alleges that the MLB Constitution is expired now. Which would be odd, but that’s the claim. Likely asserted so that the A’s could later join the suit if it gets further down the road.

Trevor May joins eSports team Luminosity

CLEVELAND, OH - AUGUST 04: Trevor May #65 of the Minnesota Twins pitches against the Cleveland Indians in the sixth inning at Progressive Field on August 4, 2016 in Cleveland, Ohio. The Indians defeated the Twins 9-2.  (Photo by David Maxwell/Getty Images)
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When he’s not throwing baseballs, Twins pitcher Trevor May is an active gamer. He streams on Twitch, a very popular video game streaming site, fairly regularly and now he’s officially on an eSports team. Luminosity Gaming announced the organization added May last Friday. It appears he’ll be streaming and commentating on Overwatch, a multiplayer first-person shooter made by Blizzard Entertainment.

May is the only current athlete to be an active member of an eSports team. Former NBA player Rick Fox owns Echo Fox, an eSports team that sports players in games including League of Legends, Super Smash Bros. Melee, Super Smash Bros. for Wii U, Street Fighter V, Marvel vs. Capcom 3, Call of Duty: Infinite Warfare, Counter-Strike: Global Offensive, and Mortal Kombat X. Jazz forward Gordon Hayward is also a known advocate of eSports.

The NBA in particular has been very active on the eSports front. Kings co-owners Andy Miller and Mark Mastrov launched NRG eSports in November 2015. Shortly thereafter, Grizzlies co-owner Stephen Kaplan invested in the Immortals eSports team. Almost a year later, the 76ers acquired controlling stakes in Team Dignitas and Team Apex. The same month, the Wizards’ and Warriors’ owners launched a group called Axiomatic, which purchased a controlling stake in Team Liquid, a long-time Starcraft: Brood War website which has since branched out into other games. And also in September 2016, Celtics forward Jonas Jerebko bought team Renegades, moving them to a group house in Detroit. In December 2016, the Bucks submitted a deal to Riot Games in order to purchase Cloud9’s Challenger league spot for $2.5 million. The Rockets that month hired someone specifically for eSports development, focusing on strategy and investment. Last month, the Heat acquired a controlling stake in team Misfits.

Once an afterthought, eSports has grown considerably in recent years and now it should be considered a competitor to traditional sports. League of Legends, in particular, is quite popular, reaching nearly 15 million concurrent viewers at its peak in the most recent League of Legends World Championship. That championship featured a prize purse of $6.7 million with $2 million of it being split among winner SK Telecom T1’s members.

Orioles re-sign Michael Bourn to a minor league deal

TORONTO, ON - OCTOBER 04:  Michael Bourn #1 of the Baltimore Orioles hits a single in the fifth inning against the Toronto Blue Jays during the American League Wild Card game at Rogers Centre on October 4, 2016 in Toronto, Canada.  (Photo by Tom Szczerbowski/Getty Images)
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The Orioles have re-signed outfielder Michael Bourn to a minor league contract with an invitation to major league camp, MASN’s Roch Kubatko reports.

Bourn, 34, joined the Orioles last year in a trade from the Diamondbacks on August 31. Though he compiled a meager .669 OPS with the Diamondbacks, Bourn hit a solid .283/.358/.435 in 55 plate appearances with the O’s through the end of the season.

Bourn, a non-roster invitee to camp, will try to play his way onto the Orioles’ 25-man roster. If he does make the roster, Bourn will receive a $2 million salary, Jon Heyman of FanRag Sports points out.