Andy Miller, one of the NBA’s most prominent player agents, has relinquished his National Basketball Players Association certification and will no longer represent players in contract negotiations, according to a union memo distributed on Wednesday.
Miller is the president and founder of ASM Sports, and many of his former clients are expected to remain with other agents in the company, sources said. None of the company’s most prominent clients left in the wake of the FBI probe, which included the arrest of an ex-employee, Christian Dawkins, in September.
Miller, based in New Jersey, had represented several longtime All-Star players, including Chauncey Billups and Kevin Garnett.
Quite frankly, I don’t understand how Rick Pitino can summon the gall to sue an institution that has supported him throughout all of his controversy at Louisville. Although there is only one record of NCAA misconduct prior to his stint at with the Cardinals, it served as a foreshadow of the infamy to come.
In the 70’s, he served as both an assistant and interim head coach for the University of Hawaii. While there, the program was hit by NCAA sanctions, with Pitino implicated in eight of the 64 violations. The violations involving Pitino included giving plane tickets to a player, arranging for athletes to get used cars and giving out coupons for free food at McDonald’s.
Ironically, he would take the reigns of a troubled program at the University of Kentucky, which was facing NCAA sanctions prior to his arrival.
“This program is as rich in tradition as there is in all of basketball, but you’ve been brought to your knees with a tremendous scandal.” – Rick Pitino.
He left Kentucky with a national championship, would go on to coach in the NBA, and then return to the college ranks at Louisville, where his third, and latest strike cost him his job and maybe his legacy.
Strike one: In 2009, he confessed that he had an affair with the wife of the team’s equipment manager and paid for her to have an abortion. The woman, Karen Sypher, was later convicted of trying to extort Pitino for millions of dollars. C’mon man.
Strike two: In 2015, Andre McGee, a former director of basketball operations was found to have provided strippers and prostitutes to players and recruits in a campus dormitory over several years. The school declared itself ineligible for postseason play in 2016, and the NCAA suspended Pitino for the first five games of the coming season.
The scandal was heavily reported by ESPN’s “Outside the Lines” and YahooSports. The allegations are detailed in a book entitled “Breaking Cardinal Rules: Basketball and the Escort Queen,” co-written by Katina Powell, who told ESPN she provided women for Louisville recruits in exchange for a total of $10,000 in payments.
Powell essentially served as a madam and in her book detailed about 21 recruiting “parties” with strippers and sex from 2010-2014 inside Billy Minardi Hall, an on-campus Louisville dorm for athletes and other students named for the late brother-in-law of Louisville coach Rick Pitino. Powell gives an extensive interview with ESPN for its story and supplied information such as text messages and phone records. One former Louisville recruit who is attending another school told ESPN:
“I knew they weren’t college girls. It was crazy. It was like I was in a strip club.“
Another player told ESPN that McGee…
“would give us the money, just the recruits. A bunch of us were sitting there while they danced. Then the players left, and the recruits chose which one (of the dancers) they wanted.”
His lawyer, Scott Tompsett, planned an appeal of Pitino’s suspension because he said the ruling did not “identify a single specific thing that Coach Pitino should have done that he wasn’t already doing that would have either prevented or detected the illicit activities.” Pitino has denied knowledge of the matter, to which Powell told ESPN, “How could he not know?”
Strike three: The latest scandal serves as the straw that broke the camel’s back. In a federal complaint that I’ve previously posted, Louisville is alleged to have paid $100,000 to star recruit Brian Bowen. That money was funneled from Adidas through Louisville in order to lure his commitment. At the time he was recruited, Pitino told News Radio 840: “We got lucky on this one. I had an A.A.U. director call me and ask me if I’d be interested in a player. I said, ‘Yeah, I’d be really interested.’ In my 40 years of coaching, this is the luckiest I’ve been.” Now, Bowen’s collegiate career, and Pitino’s coaching career are left in limbo.
Rick Pitino should use his absence from the basketball to re-evaluate his values, his purported lack of awareness, and what it means to be a leader. He has been quick to point the finger of blame at everyone but himself. In my opinion, even if he didn’t take part in either of the last two scandals, I attribute the consequences to blatant negligence. How could this type of conduct continue under his nose? Either he turned a blind eye to any instances of wrongdoing, or he elected to allow HIS team to be run behind closed doors by THEIR own devices, and not his. That is not leadership.
Microdiscectomy surgery may affect career path for Missouri’s talented forward
By: David Aldridge TNT Analyst | Nov 27, 2017 10:49 AM ET
Michael Porter, Jr. played just two minutes for Missouri before his season was shut down. How is Michael Porter, Jr.’s Draft status impacted by his impending back surgery?
The Missouri freshman forward, a one-and-done lock, has generally been considered one of the top two incoming players in college basketball this season (along with Duke’s Marvin Bagley III). Both are at the top of most NBA teams’ current Draft boards.
But Porter played just two minutes for the Tigers this season before being shut down for good, with the team announcing last week that the 6-foot-10 forward would have a microdiscectomy — removing some of the bone over the nerve root and disc material under the nerve root, to alleviate pain — and miss the rest of the season. As this is almost certainly his only season in college, NBA teams will have to rely solely on what they saw of Porter in high school and the AAU circuit to make Draft evaluations, assuming Porter, as expected, declares for the 2018 Draft.
Backs scare NBA types. They tend to linger throughout a player’s career; once Larry Bird’s back got jacked up, it didn’t get better, no matter what treatment he tried. The same with Tracy McGrady and others who played despite the pain, year after year. The microdiscectomy, of course, is supposed to alleviate some of that pain.
The uncertainty of how much Porter has been in, how much he’ll be in and how much he’ll be able to tolerate once he’s banging in the paint or getting knocked down on drives, taking charges, etc., is what NBA scouts and executives can only guess at right now.
I asked a dozen personnel people how concerned they were with Porter, Jr.’s surgery and if it will impact where he’s picked. The responses were mixed.
“If it’s a standard microdiscectomy, it shouldn’t be much of an issue (lots of those procedures on NBA players),” one general manager said Sunday via text. “If it’s more than that, the result could be of greater impact. If he can do a few draft workouts, he should be just fine. It may play out like the (Joel) Embiid draft where Joel was affected by a couple picks (because of the foot), but not much beyond that.”
But another executive had a different view.
“No doubt it hurts him,” the exec said. “Obviously the medical evaluation will be more important and often times as we know, the agents with players at this level withhold information from most of the teams so it will be an interesting decision as to how they handle. Backs are like knees and serious foot/ankle injuries. Tough ones.”
All will be watching to see how Porter, Jr.’s rehab program is structured for clues about how soon he’ll be back.
“It depends obviously on the outcome of the procedure and level of rehab success,” another GM said. “But it would take a real problematic situation to cause a big draft slip. He should stay well inside the Top 5.”
The top of the 2018 Draft looks potentially loaded, with Bagley, Arizona big man DeAndre Ayton and European wing Luka Doncic all expected to be taken high when and if they enter the Draft. No one I spoke with believes Porter, Jr, will fall out of the top five, though his position within the top five could slide a little.
“Every team in the top 5 in the lottery will do their medical due diligence and see the potential long-term impact,” another GM texted Sunday. “They will also compare his talent upside to the other top players in the draft. His lack of body of work could either hurt or help him based on how well Doncic, Bagley, and Ayton play throughout the year.”
If there are no complications and he makes a complete recovery, the surgery will not have any bearing on his draft position for me. But, I believe it will change how other people and ownership look at it.”
ANONYMOUS NBA PERSONNEL MAN, ON MICHAEL PORTER, JR.
Said another longtime personnel man: “he will still be a top five pick but might not go number 1 now. Almost like Embiid. If he were healthy, he would have been number 1 but with injury went 3. It depends where the gap is from top tier to next tier. If teams see 5 guys at the top he goes 5. If they see 3 guys he goes 3.”
And another: “it’ll be hard to take him #1, but unlikely he drops out of top 5 IMO.”
Another pro personnel man pointed out the injury will only make the input of higher-ups on a team even more acute.
“If there are no complications and he makes a complete recovery, the surgery will not have any bearing on his draft position for me,” the pro personnel man said. “But, I believe it will change how other people and ownership look at it.”
Michael Porter, Jr. will undergo surgery on Tuesday, Nov. 21, in Dallas, Texas. The procedure, a microdiscectomy of the L3-L4 spinal discs, has a projected recovery time of three-four months and will likely cause him to miss the remainder of the season.
The immediate, fact-free speculation online Sunday night was that Porter was hinting at a possible return before the end of Missouri’s season. But no one knows for sure. That’s going to be a recurring theme when it comes to Porter and the NBA during the next seven months, before Draft night 2018.
“This will be like any other injury,” an assistant GM said. “You have to get as much information as possible and then determine if it is worth risk. However, back issues are generally more concerning than most. It’s gonna come down to information, information, & more information.”
You might not be familiar with DeAndre Daniels. The Toronto Raptors selected him with the No. 37 pick in the 2014 NBA draft. Now 25 years old, the 6’9″ forward has yet to appear in an NBA regular–season game. He has played professionally in Australia and Italy and most recently played stateside for the G League Erie BayHawks.
The odds of you knowing about Daniels are certainly higher if you are a Raptors fan or a UConn fan—he played a key role in the Huskies winning a national title in 2014. And if you follow high school basketball and college recruiting, Daniels’s name is likely to ring a bell. He was a five-star recruit out of Taft High School in Woodlands, California, and also played post-graduate ball at the IMG Academy.
There’s another group of basketball fans who when they hear the name “DeAndre Daniels” think, “I remember that guy.”
That group would be NBA draft fanatics.
Back in 2014, those who love to consume all things NBA draft likely came across scouting reports and video analysis of Daniels. In doing so they probably encountered a DraftExpress.com profile centered on Daniels. The profile, which is accessible for free and doesn’t require any kind of registration, includes an 875-word scouting report co-authored by Jonathan Givony and Mike Schmitz. The profile assesses how well Daniels projects to play in the NBA. It also includes a 12-minute, 24-second video that blends a series of short highlights of Daniels playing at UConn with graphics discussing Daniels’s strengths and weaknesses.
The DraftExpress profile on Daniels is now the subject of a federal lawsuit. And it is a lawsuit that could impact how websites show video clips of athletes.
Wazee Digital, a technology company that licenses video footage for the NCAA, has sued DraftExpress and its founder and owner, Givony, for copyright infringement. The lawsuit, filed in the U.S. District Court for the Eastern District of New York back in April, highlights the DraftExpress profile on Daniels to assert that DraftExpress has knowingly—and without Wazee’s consent—used video content that Wazee had registered with the U.S. Copyright Office. Wazee stresses that it derives “a substantial revenue stream from licensing game footage to various entities and media outlets, who create game highlights or other video montages and rebroadcast those videos on television and on the Internet.” DraftExpress, Wazee reasons, ought to pay for this content as well.
Benefiting Wazee is that courts have held that copyright law protects sports broadcasts. This dynamic ensures that the NCAA, as well as professional sports leagues, can earn substantial revenue from licensing rights to broadcast games.
Yet copyright protection in a broadcast does not, by itself, prevent DraftExpress from legally using portions of the content. To that end, DraftExpress asserts that its use of copyrighted broadcasts is through “fair use.” Generally speaking, the legal doctrine of fair use permits copying of protected material for certain uses. When fair use applies, the copying party need not obtain permission or submit payment to the party in possession of the copyright.
Although fair use analysis is somewhat subjective, federal law and the U.S Supreme Court have identified five basic factors. None of these five factors are necessarily more influential than the other and they are usually balanced against each another.
The first factor is the purpose of the copying. When the intent is for news reporting and sharing of information, fair use is more likely to apply. However, copying motivated by pursuit of money is less likely to gain protection. On one hand, DraftExpress can convincingly argue that its content is newsworthy and informative. Profiles of draft-eligible players educate NBA draft fans, journalists and others about those players. Accompanying video analysis only further informs readers. DraftExpress can also stress that its website offers such content for free. On the other hand, DraftExpress, like most sports websites, profits from advertisements, including pre-roll advertisements that run before videos. DraftExpress has seemingly secured a sizable audience to watch those advertisements given that ESPN recently paid for the right to publish future DraftExpress content.
The second factor is the nature of the original work. In this instance, the original work consists of videos copyrighted by Wazee. The more creative the original work, the more protection it tends to gain. In contrast, the more factual the original work, the less protection applies. The underlying logic is that creative content ought to receive significant protection in order to properly incentivize inventiveness—if creative individuals knew that their work could be easily copied, they might become less likely to invest their time, energy and money into developing those works. Conversely, works derived from facts and events are less original and less deserving of protection. Video of a basketball game requires some degree of creativity since it reflects broadcast design choices as well as studio direction. At the same time, video of a basketball game is factual in nature: it depicts a live sporting event that is controlled by the athletes, coaches and referees—not the broadcasters.
The third factor is the extent and substantiality of copying. A person who engages in unauthorized copying is more likely to gain protection under fair use if the amount of copying is relatively minimal. DraftExpress stresses that its video of Daniels consists of only 66 seconds of copyrighted video from game broadcasts that are several hours long. The substantiality aspect of the copying refers whether the material copied is critical to the original work. It seems unlikely that short clips of Daniels performing various moves on the court would be considered the “heart” of any original broadcast.
Fourth is how the relevant copying impacts the marketplace. Wazee contends that DraftExpress has caused the company to lose licensing fees that it believes DraftExpress owes. If DraftExpress can use such video without paying, DraftExpress is arguably diluting the value of Wazee’s broadcast licenses. After all, such a practice could encourage other websites to copy Wazee’s broadcasts without permission or pay. On the other hand, DraftExpress can assert that the relatively small amount of copying of Daniels and other players does not impact Wazee’s ability to license broadcasts of the entire games. Stated differently, DraftExpress featuring video highlights arguably doesn’t implicate the marketplace of selling entire game broadcasts.
Finally, the fifth factor is whether the “derivative work” (i.e., DraftExpress scouting videos) is sufficiently transformative from the original work. The U.S. Supreme Court has recognized so-called “transformative use.” The basic idea is that the derivative work uses the original work in such a distinct way that it becomes “transformed” into a different kind of work. DraftExpress’ legal filings suggest the company is confident it will prevail based on the transformative factor. In one filing, attorneys from DraftExpress’ law firm, Miller Barondess, detail how DraftExpress’ video of Daniels incorporates DraftExpress’s own original analysis and graphics:
[O]riginal graphics are followed by roughly 30-second-long clips, each illustrating one of Daniels’ strengths in actual gameplay situations. After assessing Daniels’ strengths, the Video Breakdown follows the same format to dissect and analyze his weaknesses (strengths begin at 28 seconds); (weaknesses begin at 6:01).
DraftExpress’ analysis of Daniels’ “Physical Tools” is illustrative. The “Physical Tools” segment begins 43 seconds into the video. An introductory graphic provides an overview of Daniels’ “Physical Tools,” which include “[e]xcellent size and length.”
Expect attorneys for Wazee, who have retained Adam Hirsch of Kutak Rock, to counter these points by insisting that graphic overlays and similar adjustments do not alter the underlying — and copyrighted — video of Daniels playing at UConn.
Like any lawsuit, Wazee v. DraftExpress could settle at any time. But if it proceeds toward a trial, its outcome would be important to anyone who posts highlight videos online and earns money by doing so. This is true for those who have monetized their YouTube accounts.
McCann, SI’s legal analyst, provides legal and business analysis for The Crossover. He is also the Associate Dean for Academic Affairs at the University of New Hampshire School of Law and co-author with Ed O’Bannon of the forthcoming book Court Justice: The Inside Story of My Battle Against the NCAA.
The FBI alleged that Louisville agreed to pay “Player-10” $100,000 through Adidas for his commitment to the school. Bowen was suspended indefinitely following details of the report, and has since been cleared by the FBI. Louisville reportedly chose not to reinstate him.
While Bowen will not play for Louisville this season, the school announced he will remain on scholarship and is free to transfer.
Brian Bowen will not play at the University of Louisville. He may remain on scholarship but will not be allowed to practice or compete
There has been major fallout at Louisville since the FBI investigation became public. Head coach Rick Pitino was fired, as was AD Tom Jurich. Bowen’s commitment to Louisville in early June came as a major surprise throughout college basketball. The McDonald’s All-American was thought to be choosing between Michigan State and Texas before his camp reportedly reached out to Louisville at the last minute to set up an official visit.
“We got lucky on this one,” Pitino told Terry Meiners of News Radio 840. “I had an AAU director call me and ask me if I’d be interested in a player (Bowen). I saw him against another great player from Indiana. I said ‘Yeah, I’d be really interested.’ They had to come in unofficially, pay for their hotel, pay for their meals. We spent zero dollars recruiting a five-star athlete who I loved when I saw him play. In my 40 years of coaching this is the luckiest I’ve been.”
Former assistant David Padgett was named interim coach, and has guided the Cardinals to 4-0 start. Louisville has games coming up against ranked teams in Purdue and Seton Hall later this month.
“Brian has been a responsible young man for the institution since he enrolled,” interim Louisville athletics director Vince Tyra said in a statement. “He has endeared himself to his teammates and the men’s basketball staff with a positive attitude during a very difficult period.”
Jonathan Givony of Draft Express announced via Twitter that Ohio State standout freshman D’Angelo Russell has signed a representation agreement with CAA’s Austin Brown and Aaron Mitz.
According to Chad Ford’s Big Board, the Louisville, Kentucky native is a projected top three pick in the upcoming 2015 NBA Draft behind Kentucky’s Karl-Anthony Towns and Duke’s Jahlil Okafor. The recent activity on Russell’s Instagram account indicates that he seems to like the idea of being drafted either second or third in the upcoming draft; liking pictures of himself in both Lakers and 76ers jerseys . The 6’5″, 180 lb, 19 year old averaged 19.3 PPG, 5.7 RPG, and 5.0 APG in his one year with the Buckeyes while leading Ohio State to a 24-11 record and NCAA Tournament appearance.
It was clear during Russell’s short stint in Columbus that he was leader on and off of the court. He is highly regarded by his coaches and teammates as a tireless worker, and as just a freshman, Russell was the Buckeyes go to player. It was clear early on that Thad Matta had put the team in the young freshman’s hands. Russell is highly touted for his superb court vision drawing comparisons to the all-time great passers. Russell has clear superstar potential in the NBA, it is only fitting that he has signed with one of the premier player agencies, joining players such as Chris Paul, Kevin Durant, and Paul George who are also represented by CAA’s Basketball Division.
The John R. Wooden Award winner and consensus first-team All-American power forward Frank Kaminsky will sign with agent Kevin Bradbury of BDA Sports Managementsources tell Yahoo Sports’ Adrian Wojnarowski and SB Nation. Frank Kaminsky is a 7’0” power forward/center who spent all four years of his collegiate career playing at the University of Wisconsin, leading the Badgers to back-to-back Final Four appearances and the 2015 NCAA Men’s Division I Basketball Tournament National Championship.
Kaminsky truly shined at Wisconsin in his senior year, earning him several player of the year awards and accolades in addition to the Wooden Award and first-team All-American. In 2015, Kaminsky received the Naismith College Player of the Year, Associated Press College Basketball Player of the Year, National Association of Basketball Coaches Player of the Year, Oscar Robertson Trophy through the United States Basketball Writers Association (USBWA), and Kareem Abdul-Jabbar Center of the Year. Kaminsky was also named Big Ten Player of the Year in 2015, first-team All-Big Ten in 2014 and 2015, and Big Ten Tournament MVP in 2015.
Kaminsky took a huge leap from his first two seasons at Wisconsin to his junior and senior years. In his senior year, Kaminsky averaged 18.8 points per game, 8.2 rebounds per game, 2.6 assists per game, and 1.5 blocks per game, leading Wisconsin in all four categories. Considered an anomaly by staying all four years in college, Kaminsky made the most of his time, managing to increase his points, rebounds, field goal percentage, three point percentage, free throw percentage, assists, and steals every year. Kaminsky is considered a lottery pick in the upcoming NBA Draft this summer and currently ranked as Chad Ford’s 13th best available prospect, according to ESPN NBA Draft and Chad Ford’s Big Board.
Kevin Bradbury is a Certified NBPA Agent who currently has 6 NBA players, according to HoopsHype. Bradbury’s current clients include Jordan Hill, Amir Johnson, and Patrick Beverley. BDA Sports Management also signed Duke’s Jahlil Okafor and Kansas’ Kelly Oubre Jr. just last week. Neither BDA Sports nor Kaminsky made any statement on their Twitter pages.