There was a day when this would have been special

All we need is Darrick Martin around to toss up the ceremonial tip-off and this game tonight would be extra special. Or maybe Roy Rogers. Or Tony Massenburg. Or even the legendary Benoit Benjamin.

Maybe we can get Damon Stoudamire to stop by, although his Raptor-Grizzlies connection probably shouldn’t count, seeing as he didn’t do any time in Vancouver.

Oh, maybe the fans can shower Steve Francis with Canadian flags or something like that. And I do know The Chicken would kick The Bear's scrawny butt.

Raptors-Grizzlies may not mean much anymore but it’s nice to reminisce a bit, isn’t it?

And I presume we’ll do a lot more tonight.

But for now …

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The curious case of Darius Miles got a whole lot more curious Thursday, as my friend Ian Thomsen details in this excellent report.

I don’t know much about the legal system except that it grinds slowly but I would have to think the Blazers, who seem more petulant in this case the more it drags on, wouldn’t have a leg to stand on.

Yes, franchises are part of a collective but each has to do what it thinks is best for its own situation and if that means signing Darius Miles, they have to be allowed to do it.

And if that means screwing over a competitor, it means screwing over a competitor. After all, it is competition, isn’t it.

The question of motive is what’s at heart here. It’s been obvious that Miles isn’t the same player he was before his knee injuries but is he still worth a risk? I guess that’s up to other GMs to decide and so far only one – Memphis’s Chris Wallace – has thought so. Boston didn’t, the various other teams Miles worked out for didn’t, Memphis did, until it came time to guarantee the deal for the rest of the year.

Here’s the interesting thing to me: If no one picks up Miles – because he can’t play, because he’s too expensive, because he doesn’t fit – why wouldn’t he launch a lawsuit against the Blazers, and the NBA? After all, it could be argued that this e-mail was enough of a threat to make teams reconsider signing him and he would, I think, have a valid argument that Portland should pay for its now-public threat. If I was on a jury, I’d give him his money.

The league’s in a difficult situation here and I can’t see what they can do. If it tried to tell a team signing Miles that it couldn’t release him this season, that’d be far too much interference in a franchise’s operation, in my opinion.

Don’t for a second think that there aren’t teams out there who hope that someone signs Miles to mess over the Blazers, the spendthrift, draft pick-buying darlings of the moment who do present a challenge to the middling Western Conference teams this year and will again next year, especially if they are able to spend money on a high-priced free agent this summer.

TORONTO STAR FILE PHOTO

Hey! You guys look familiar!

This thing is going to get uglier as time goes on. And what comes out of it brightly to me is that the Blazers management’s a bunch of babies trying to be bullies.

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I ask this all the time about returning players but let’s stretch it a bit today: What do the think the reaction will be to Kevin O’Neill tonight? Me? I’m betting half the building, if they recognize him at all, will offer a collective, ‘oh, I didn’t know he was in Memphis.’

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This is entirely odd.

I’ve read all the comments and gone through the e-mails and there isn’t one that compares Rudy Gay today with Andrea Bargnani and suggests that it was the most glaring draft error ever.

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So Jose didn’t go on the trip this week, he and his wife are sitting around the house and all of sudden one of them realizes, ‘hey, I don’t think we can watch the Washington game because of this TV problem I read about in Doug Smith’s blog.’

(Okay, maybe I made up that Doug Smith’s blog part).

‘Whatever are we going to do.’

He gets his wife to call the Evil Cable Provider and finds out that, yes, because he only gives Rogers a billion dollars a month for cable, internet and phone, the Evil Cable Provider is squeezing TSN for money and haven’t picked up a network that the majority of the country can see.

(Okay, maybe it’s not a billion but go check your Evil Cable Provider bill).

Off he trundles to the ACC to watch the game in the so-so comfort of the team’s locker room (it’s nice, but it’s not home). Too bad he didn’t know some of us were down the street watching it, that would have been a hoot.

Someone asked Jose yesterday whether he used his name in the call, thinking Evil Cable Provider might have done something had it known someone of his stature was looking for some resolution to this idiotic conflict.

Yeah, right. You think Evil Cable Provider, or TSN, or Maple Leaf Sports, gives a hoot? Nah, neither do I.

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An interesting question:

Q: Hi Doug. I was asking somebody else this but I decided that it had to be a question for you.

'Trade talk' among posters this year has been rampant and near-constant, almost from the get-go. I was first wondering about this thinking, maybe basketball just naturally mass-produces wide-spread trade speculation, as a general rule (?) ... though I don't recall hearing 'trade talk' so constantly (and debated so well even, sometimes) ever before. Unless I'm not remembering. Then, I wondered if it might be the particular dynamics of this team ... cuz there's pretty good dynamics here to hash over, for sure ... But then I thought of this, thinking it might be the answer, but I'd like to hear your take on it, cuz I'm not really sure. Q: Do you think the high level of constant trade-talk that goes on these days has anything to do with those 'trading sites' that a few here have mentioned visiting? If so, do Fantasy Leagues feed that 'trade-a-player' mentality, as well? Curious to know what you might think.

W G, North York

A: No question about it. Chat rooms and trading sites and trade checkers and the like are as much to blame for this proliferation as anything. Of course, the rampant imagination of passionate fans has something to do with it but those things give fans the chance to check things out, look for validation of their points and, quite frankly, simply something to do.

Not sure it’s as much fantasy leagues, actually, but being to propose something that has no chance of ever happening, something as ridiculous as it is unworkable and then finding eight or 10 like-minded people to say, ‘oh yeah, that’d make sense’ fuels this beast.

The smart ones? They take it all with a grain of salt and consider it comes from the imagination of people, rather than any basis in fact.

Is it fun? Maybe. But it’s certainly not something I’m interested in.

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Speaking of Memphis, here’s what they had to say down there this morning.

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Comments

[Simon S-G]

Doug who's number 42 in that picture? I don't remember him.

Blogger's note: The picture with the blog? The legendary, one and only, Mengke Bateer. How soon they forget!

[Doug]

all we hear about is about unsrupulous agents and greedy players well no wonder they are this way, what the Blazers is doing is so infantile, and low....I'd be running to a lawyer...the Blazers have lost all my respect and with the P.R. fiasco the league encountered over a ref betting on games, moving a be-loved franchise an now this, where is the leadership in the NBA...Stern is dropping the ball, but then again he's just the owners representative...I have lost all respect for the Blazers,then again what do you expect from a Microsoft co-founder....

Blogger's note: You have to give Stern some time, this thing just happenedy yesterday.

[DS]

Wow Doug, nice scoop on the Jose vs. TSN2 story. But shouldn't you cite the Post, which ran this story yesterday?

Blogger's note: Mostly 'cause I don't write in the afternoon. It was in the Sun this morning, too. And where, pray tell, did you come up with the odd notion that it was anything like a "scoop." It came out in scrum with about a dozen reporters. But I'm glad you read other places.
And, shockingly, the Blazer note in the blog wasn't a scoop, either.

[Andy C]

If i'm Miles I would send a fax to all the teams in the NBA stating that he'd work for the league minimum to screw over the Blazers.

How is this different from a team making a higher offer to a restricted free agent so the original team would have to match the pay which may cause cap implications? or the Boozer situation a few years back? teams screw each other all the time within the rules of the NBA and the Miles situation is no different.

[Nick M]

So when are the Cavs, Raps and Heat sending out their emails threatening all teams clearing cap space for 2010 for 'tortuously interfering with their perspective economic opportunities'

[justin z]

why hasn't David Stern and the NBA done anything about this. They fine coaches for tampering, and could you just imagine if the knicks waived Marbury, but put out an article in the New York Times telling teams not to sign him. Marbury would probably become a martyr

Blogger's note: Give the league time, it's only about a day old.

[James]

I hope some team does pick up Miles. This is a competitive league and if some team thinks that he can help and at the same time it offers an advantage over the Blazers, go for it. Its not like Miles is totally done, 2 boards and 2 blocks in 7 minutes is not that bad. But now that the Grizz have released him Im not sure there are many other teams who have cap room to sign him.
Doug, what would a team be on the hook for if they sign him for the rest of the year, the pro-rated vet minimum?

As for Kevin O'Neil, I doubt many at the ACC will even realize he's there. It's not the PA guy says "and now the starting assistant coach for the Memphis Grizzlies, at 5'9" from Arizona State....KO!!"

[Adil]

It would've been less childish if they signed D.Miles themselves and benched him for the year.

[Darko Dubajic]

You can also go to the Blazers with a low ball offer for say Rudy Fernandes or Outlaw with an understanding that if they refuse we would have no choice but to sign Miles.
I hope somebody calls their bluff.
How sweet would be to see hard foul Voskul on KG. Problem is KG plays too far out from the basket for Voskul to chase him around.

[Greg]

I think that ESPN's John Hollinger made the comment that if a team were to sign Miles to a 10 day contract it would financially benefit their team as the tax that the Blazers would have to pay would be split between the other 29 teams.

Below is his exact quote:
"For those who haven't been reading PER Diem, screwing Portland's cap isn't the main reason to sign Miles -- the main reason is to get a piece of the $9 million tax payment the Blazers would have to make to every other team in the league. Split 29 ways that's a little over $300K, and signing Miles to a 10-day and playing him the two required games (apparently the six exhibition games counted) would cost a fraction of that. So whomever signs him is basically turning a profit. "

[SY]

Hi Doug,

Any updates on whether Jose and/or O'Neal will start tonite?

Thanks for you hard work.

-SY

Blogger's note: Just at shootaroud now to find out but O'Neal is definitely out. We learned that yesterday

[Simon S-G]

Oh yes, Mengke Bateer. Where might he be now?
The NBA ... where random sightings of washed-up 12th men happens.

[Rex Ross]

As a lawyer, I have say that it is hard to take the notice/threat that Portland sent out seriously.

There is no such thing as "tortuously interfering with perspective economic opportunities." One can, however, interfere with "prospective" (ie. future) economic opportunities, and be liable for damages for doing so. Such cases are extremely difficult to win, however.

I know that bloggers (and their fans) don't get too hung up on spelling and grammar, but when you are an NBA team (owned by a billionaire) and you are sending out a threat of multi-million dollar litigation, it is crucial that you use the correct language, and that it be spelled correctly.

All the Blazers' e-mailed notice/threat does is make Portland look like a bunch of goofs who don't know what they are talking about. It renders the threat meaningless. It does, however, screw Mr. Miles over, by virtue of the "chill" arising from the mere threat of litigation within the NBA fraternity. That is probably all they wanted to accomplish.

[DS]

I apologize Doug - your investigative journalism skills are as solid as your grammar.

Re: the Miles situation. If you're right that i) this would deter other teams from signing Miles and ii) that Miles would sue Portland over it, it's still a good move for the Blazers. Even if they settle with Miles for whatever the contract would've cost them, they don't take the hit on their capspace. IMHO the league should discipline Portland by counting Miles salary against their cap + loss of draft picks (or something like that).

Blogger's note: If the Blazers effectively screw over Miles, how eager are players -- and their agents -- going to be in dealing with them in the future?

[Ryan]

As for Kevin O'Neil, I doubt many at the ACC will even realize he's there. It's not the PA guy says "and now the starting assistant coach for the Memphis Grizzlies, at 5'9" from Arizona State....KO!!"

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lol well maybe they should start doing that. Then all the coaches could run down the runway like the players and get into a huddle, then start doing some kind of pre-game dance or jumping around!

[Jeff D]

Him, being Darius Miles. Oops

[Jeff D]

Could a team sign him to a 10 day contract, have him play two games and thereby screw-over the Blazers without a significant financial impact?

[Rob]

Doug, great blog today.

Should we expect a statment from the league or the players union (maybe both?) regarding the Miles situation.

This is horrible on the Blazers part. I'm no legal mind however they are clearly tampering with Miles ability to "work" which is flat out unacceptible. I recall the union jumping all over the Sprewell attack on PJ Carlisimo siting the league "couldnt" prohibit him from finding a job due to his actions (or something along those lines). The Blazers have clearly crossed a line.

The smarter thing to do would to have been to stay silent and take legal action "after the fact" if they could deem a signing of Miles was an intent on damaging their salary cap flexibility by another franchise. They appear to have jumped the gun on this.

Any lawyers out there in blog land that might want to shed some light?

[WSG]

I mention again, to any Raptors fans who might know of someone with tickets for seats in the Lower Bowl at the ACC this weekend … please suggest (nicely) that they remember that it’s not a movie theatre and that their PARTICIPATION is encouraged and MOST welcome. It'd be nice to see that Lower Bowl rock again!

[Ben F]

If all other NBA teams kowtow to the Blazers, would that not qualify as collusion?

[Felix]

thanks for touching on the d-miles case... has had me curious all day since reading the story!

[Rob]

Rex, thanks for the insight. It makes the statement "tortuously interfering with perspective economic opportunities" absolutlely HILARIOUS!!! LOL!

So does Miles have any legal recourse based on the Blazers tampering with his ability to work?

[Alex]

What kind of salary was/would Miles be making if a team picks him up? If he gets the minimum do the Blazers have to pay him whats left on his contract or does that just count against their cap/tax?

Blogger's note: Have a couple of calls out on that now, haven't heard back

[sean]

Nice comments from Rex Ross and interesting blog today from Doug. My question is, how much confidence now would free agents and NBA players in general have on Blazer's upper management? "Would they do the same thing to me too in the future?". What would ROY, Aldridge, Oden, some of their younger stars have in mind now?

I mean, I am sure there are alternatives to solving Blazer's own problem, but literally threatening legal actions on all other 29 teams within the NBA is not just a kiddy move, it hurts their reputation as an organization. 9 million over cap + tax for reputation down the road? That's not a smart moves from the Blazers side. It shows us fan the cruel reality of sports entertainment and aside from the 48 minutes a night of hoopla, it's still remains a "business".

[Mike]

How Darius should respond:

"Team Presidents and General Managers,

"Darius Miles is aware that certain teams may be contemplating not signing Darius Miles to a contract for the purpose of not being sued by the Portland Trail Blazers. Such conduct from a team would violate its fiduciary duty as an NBA joint competitor. In addition, persons or entities involved in such conduct may be individually liable to Darius Miles for tortuously interfering with Darius Miles' free agent rights and perspective economic opportunities.

"Please be aware that if a team engages in such conduct, Darius Miles will take all necessary steps to safeguard his rights, including, without limitation, litigation.'