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Netflix/Fox Legal Fight Could Have Effect On Sports World

“The Hollywood Reporter speculated in March that a Netflix victory could allow Anthony Davis to leave New Orleans and sign with another team immediately”

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Netflix and 21st Century Fox are currently in a legal battle concerning entertainment executives under lengthy contracts. A struggle that seemed rooted entirely in the entertainment business has turned to threaten professional sports’ means of contracting players.

The case initially began when Fox sued Netflix when it recruited programming executive Tara Flynn and marketing executive Marcos Waltenberg.

Netflix claims Fox’s contracts, including those for Flynn and Waltenberg, restrict compensation, movement, and opportunities for competitor. Fox is counterclaiming unfair competition and arguing against any injunction that would prevent Netflix from soliciting, recruiting and inducing Fox employees to leave.

Netflix is also taking the stance that Fox’s practice of re-upping consecutive contracts is against California law. Fox countered the argument Tuesday by saying that NBA legend Kareem Abdul-Jabbar’s 14-year career as a Los Angeles Laker also violated the law.

According to Fox, “Netflix’s position reduces to the untenable proposition that two independent contracts must be treated as one under California law merely because they are consecutive — ‘back-to-back,’ in Netflix’s words — even though the second contract (i) was negotiated and signed after the first; (ii) contains terms materially different from the first agreement; (iii) does not incorporate or depend on the terms of the first contract; and (iv) applies to a different time period. On that remarkable theory, no employee in California may lawfully work uninterrupted for a single company for longer than seven years — according to Netflix, Kareem Abdul-Jabbar’s storied 14-year career with the Los Angeles Lakers was a violation of California law. To state the proposition is to refute it.”

Fox says its contracts are “consecutive — but separate — employment contracts.” In other words, while the contract applies to the same employee, it contains brand new language that reset the seven-year time frame.

“Were Fox to negotiate a successive employment contract only at the precise termination date of the initial agreement, each employee would be (rightly) anxious in the months preceding the expiration of a contract that she would no longer have a contract-guaranteed job come termination date,” Fox added. “And if negotiations took several days or weeks, as arms-length contract negotiations often do, the employee (even if she ultimately chooses to sign a new contract) would lack contract-guaranteed benefits and salary for an indeterminate negotiations period. Netflix cannot justify a legal rule that would require a break in employment every seven years, and thus deprive a significant portion of the California workforce of fundamental elements of job security.”

Abdul-Jabbar’s career example doesn’t stand alone. Contract extensions happen every year in every professional sports league. Legendary careers such as Tom Brady, Kobe Bryant and Derek Jeter see players spend their entire 20-year career with one team without a thought of leaving for another team.

The case could extend to current player contracts as well. The Hollywood Reporter speculated in March that a Netflix victory could allow Anthony Davis to leave New Orleans and sign with another team immediately

Regardless of who comes out on top in the court case, the outcome could change the foundation of athlete contracts. Whether that means a revision of the seven-year law or simply a change to the language of contracts remains to be seen.

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Draymond Green, JJ Redick Sell Out Live Podcast Show

The show will collaborate for the first time and it will mark an interesting time in the thrusting of new media onto the public consciousness.

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Old Man Draymond

The two new and most visible faces of the new media influx have teamed up for a live show that will take place in New York City. Draymond Green and JJ Redick are bringing their respective podcasts to the stage for a live experience.

On Monday (June 27), Draymond Green’s The Draymond Green Show and JJ Redick’s The Old Man and the Three will seek to entertain an already sold out audience at The City Winery in New York City.

The show will collaborate for the first time and it will mark an interesting time in the thrusting of new media onto the public consciousness. JJ Redick has earned universal praise for how he has handled his career post-retirement from the NBA, including appear often opposite Stephen A. Smith on ESPN’s First Take as well as the network’s myriad of other programming.

Draymond Green has been very public with his podcast that has very publicly recorded episodes minutes after Warriors games. He has recently invoked his mantra that he isn’t a part of the media (despite signing a contract with Turner Sports and Colin Cowherd’s The Volume). Instead he insists he is a part of the aforementioned new media.

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Scott Van Pelt Not Hurt By Draymond Green’s “New Media” Comment

“He’s the one that said it. Isn’t he the one who said he’s new media? I was just trying to give him credit in saying, ‘Look, you now have control of your narrative and you can go do your podcast now.’”

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Scott Van Pelt

We have heard an awful lot in the fast month about “new media” with a large section of that discussion coming in regards to athletes in or formerly in the NBA. One such interaction was between a member of that new media and Scott Van Pelt.

After Game 5 of the NBA Finals, a victorious Draymond Green was interviewed on SportsCenter with Scott Van Pelt. In the interview, Van Pelt asked Green about dealing with the outside “noise” around the Finals. After Green gave a to-be-expected type answer, Van Pelt followed-up with the initial comment that start a wave.

Van Pelt: You’re part of the media now and you get to control the conversation from your perspective and I know you’ll-

Green: New media.

He then corrected Van Pelt’s assertion that Green had stated Stephen A. Smith was new media by saying:

Green: And by the way go watch The Draymond Green Show. I said Stephen A. sometimes acts like the new media. Sometimes he doesn’t. That’s on you, but nonetheless, don’t just lump me in with media, baby. It’s the new media.

Scott Van Pelt appeared on the SI Media Podcast and was asked about this exchange.

“I didn’t get that,” Van Pelt said of Green’s resistance in being associated with the word “media.”

“He’s the one that said it. Isn’t he the one who said he’s new media? I was just trying to give him credit in saying, ‘Look, you now have control of your narrative and you can go do your podcast now.’”

Van Pelt went on about Green’s categorizing of Smith and other media as a separate column of media.

“I guess what Draymond actually said was sometimes he’s new media. I don’t give a shit who’s what…I think now as it relates to media, there’s no new and old because people that are in the old media are doing the new media and people that are in new media are cutting through in ways that people in old media didn’t think they ever would many years ago. I guess all I’m saying is whatever Stephen A. is, he exists in both lanes and Draymond, clearly his content cuts through on his podcast or with me.

I wasn’t hurt by it. I didn’t take it like he was mad at me. I was just correcting the semantics. It didn’t trouble me. Whatever. However Draymond frames what Stephen A. Smith is or what any of us are, it doesn’t feel important. I think it’s important he has that place where he wants to do his thing. And I think people are interested in hearing from the guy that was just out there not long after saying what he has to say.”

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Big Cat Asks For Listeners’ Help Booking Kevin Durant on Pardon My Take

“On a recent edition of the podcast, Big Cat talked about how the Brooklyn Nets star has continued to snub requests to come on the show.”

Jordan Bondurant

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Barstool’s Big Cat has been trying to book NBA star Kevin Durant on Pardon My Take for five years, but the former MVP just won’t say yes.

On a recent edition of the podcast, Big Cat talked about how the Brooklyn Nets star has continued to snub requests to come on the show.

“We want Kevin Durant on this show, and he has just alpha-ed me so hard at this point,” Big Cat said. “I need people to start replying to his tweets saying just go on Pardon My Take.”

It’s not like KD has given Big Cat the cold shoulder. Big Cat said Durant has responded to his DMs on Twitter before, even wishing him Happy Thanksgiving one year. But so far all attempts to get Durant on PMT have been futile.

“Maybe if we start getting some rings, then he’ll be like, ‘Yeah they’re an elite team, and I want to join up with them. And maybe I can help them win something,'” PFT Commenter said, referencing the fact that PMT is yet to be recognized with any podcasting awards.

Durant did more or less tell the podcast on Twitter he wasn’t interested on Wednesday.

Durant’s response probably still won’t deter Big Cat from trying to get Durant on the show, but at least they know where KD stands.

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