Bud Selig

The MLB-Biogenesis lawsuit sends a pretty chilling message


Set aside the fact that it worked. Set aside the fact that the players who were punished got (or will be getting) what they deserved. Just ask yourself if you feel good about the fact that the lawsuit between Major League Baseball and the Biogenesis defendants enabled them to get all kinds of telecom data that people would not, in the ordinary course, be able to get:

Facebook friends. Transcripts of BlackBerry instant messages. Records of texts. Major League Baseball investigators used an arsenal of high-tech tools to collect the evidence that persuaded a dozen players to accept 50-game suspensions this week for their ties to the Biogenesis clinic … Records from Florida’s Circuit Court for Miami-Dade County that were examined by The Associated Press showed subpoenas were issued to Federal Express, AT&T Mobility, T-Mobile USA, UPS and MetroPCS. At least some of those companies complied and turned over data to the probe, one of the people said.

That’s well and good until you remember that from the moment Bosch agreed to side with Major League Baseball the lawsuit was essentially playacting. A gamed suit with both adversaries on the same side, working toward the same end, not in an actual adversarial posture to one another. They were nonetheless allowed to use the court system as a means to get at private citizens’ telecom records.

This isn’t necessarily on MLB — they had a plan and carried it out with all of the tools at their disposal — but it’s a disgrace for the court system and the telecom companies who complied with these subpoenas without a fight. The courts should be far more wary of these kinds of scams. Telecom companies should be far more protective of their customers’ records. Once they are subpoenaed they have a right to march into that court and say why they shouldn’t comply. It seems like they had ample reason to do so here but it appears as though they did not.

You may like the ends of the Biogenesis investigation, but there’s no escaping that the means were pretty damn slimy.

Clayton Kershaw does not need back surgery

CHICAGO, IL - OCTOBER 16:  Clayton Kershaw #22 of the Los Angeles Dodgers stands on the pitcher's mound in the sixth inning against the Chicago Cubs during game two of the National League Championship Series at Wrigley Field on October 16, 2016 in Chicago, Illinois.  (Photo by Jonathan Daniel/Getty Images)
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Dodgers president of baseball operations Andrew Friedman says thatClayton Kershaw is unlikely to need back surgery for the herniated disk that sidelined him for more than two months during the season.

Friedman says that Kershaw feels good and that he doesn’t anticipate surgery. It was unclear if that would be the case because, even as Kershaw came back in September and pitched deep into the playoffs, often on short rest, everyone was fairly tight-lipped about how Kershaw was feeling.

For what it’s worth, Kershaw looked sound mechanically, even if was up and down at times in October.

People are paying tens of thousands to get into the World Series

CHICAGO, IL - OCTOBER 24:  Chicago Cubs fans visit Wrigley Field on October 24, 2016 in Chicago, Illinois. The Cubs will face off against the Cleveland Indians in the World Series beginning tomorrow. This will be the Cubs first trip to the series since 1945. The Indians last trip to the series was 1948.  (Photo by Scott Olson/Getty Images)
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Ticket prices for the World Series are always ridiculous, but this year things are heading to a whole new ridiculous level.

Now, to be clear, some of the figures you hear are not what will be paid for tickets. The Associated Press has the de rigueur story of ticket holders asking, like, a million dollars for their tickets and ticket seekers willing to give all kinds of in-kind goods and services for a chance to see the Cubs play in Wrigley. A lot of that noise will never amount to any real transaction and, in some cases, will likely end up with someone getting arrested. It’s crazy time, you know.

But even if those million dollar and sex-for-tickets stories end up being more smoke than fire, people will end up paying astronomical prices to get in. Some already are. ESPN’s Darren Rovell reports that someone paid $32,000 on StubHub for 4 seats in the front row by the Cubs visitors dugout for Game 2 at Progressive Field in Cleveland. The prices in Wrigley Field for Games 3, 4 and, if necessary, 5 will likely go higher. There’s a ton of pent-up demand on the part of both Cubs and Indians fans, after all.

Still: trying to imagine how an in-stadium experience, no matter how long someone has been waiting for it, is worth that kind of scratch. Guess it all depends on whether that kind of money constitutes that kind of scratch for a given person.