tOffical all things Sterling thread

[JDM]

Court Says It's Okay To Secretly Record Conversation If Done For Legitimate Reasons

from the i-may-or-may-not-be-recording-this dept

While there have been a lot of concerns lately about efforts to misuse "wiretapping" laws that forbid any recordings of people without their knowledge, it appears at least a few courts are recognizing how silly that is. Yet another court has now said that secretly recording a conversation -- in this case with an iPhone -- is okay, assuming there was no crime committed with the recording, and the recording was for a legitimate purpose. As the court noted:

"The defendant must have the intent to use the illicit recording to commit a tort of crime beyond the act of recording itself."​

That makes sense. The act of recording alone, shouldn't be a criminal act, as it really depends on what is being done with the recording. And, in an age where not only is recording everything easier, but for some becoming standard, requiring permission to record all audio seems like an outdated concept.

California has specific statutes banning it. A court ruling from a different state that does not have those laws is irrelevant.

 

[TBBishop]

Being taken public was illegal and has little to no value in the leagues ability to force him out. He will take legal action to defend himself if it gets that far, and he is very likely to win.

We'll see

 

[LALakersboy24.7]

It's being reported that Bill Russell, is advocating for Sterling to remain as an NBA owner.

Bill Russell should also be banned from the NBA.

 

[TBBishop]

I wonder if jordan roots for the bobcats.

Obviously MJ is a Wizards fan!!!

 

[HammerDown]

Nothing about this is OK but if he didn't want his private thoughts made public then he shouldn't have said them outloud.

So he has absolutely no reasonable expectation of a shred of privacy in his own bedroom? Whatever he says can and will be sold to TMZ and you're cool with that. Sorry, NOT ME!!!

 

[HammerDown]

It's being reported that Bill Russell, is advocating for Sterling to remain as an NBA owner.

Bill Russell should also be banned from the NBA.

Joe Barry Carroll > Bill Russell

 

[True Lakers Fan]

Anything public is fair game. Prisons are fair game as well. Any building that records in most states must post publicly that there are security cameras. Recording a nanny might or might not be illegal, but will likely never get to court.

In California, it is illegal to record a private conversation. Period. Being involved is not an exception. If you notify them that it is being recorded, then you can change it to not be a private conversation and be safe, but if you are secretly recording and they have the expectation it is a private conversation, you are breaking the law.

What you do in the privacy of your home is your business. Now if she went into his home and recorded those conversations without his permission in his home - that might be illegal, but once he went into her home -her domain, he gave up his right to privacy even though he trusted her and expected it. It is illegal for anyone to record a conversation public or private - just find the law that proves me wrong. Either way we are not talking about criminal law - we are talking about a civil matter and your opinions won't stand for his defense because it isn't what he said that they are taking action on. The are taking action because his opinions and personal views do not reflect those of the NBA. It would be no different then a private school terminating a teacher that was teaching third grade children by day and stripping in a night club on week ends

 

[gordontrue]

I have no idea whether the recording was obtained legally or illegally.

I agree that his girlfriend is no saint or hero and I would have no problem with her losing a lawsuit over it.

That said, his statements were made public and verified to be accurate. He has to deal with the business ramifications of that happening. It doesn't matter how those views came to the knowledge of the public because he's not accused of anything illegal, he's just being dealt with by his business partners.

 

[RaiderZar]

I understand your point, its not lost on me. We could split hairs with the word "recently". With the impact that slavery has on a nation and generations of a family, I stand by what I said.

Personally, I think that everyone would be better off if we could move forward on equal ground as if one race never oppressed the other.

I just don't think its realistic or even fair to expect that.

I think one of the problems is that people in this country still harken back to slavery & try to put its cause & effect on today's society. That page was turned long ago & given there is no chance in hell it will ever be re-visited, it's more harmful can good to bring it up. Now, is there inequality & racism today. Just ask DS & LJ.

 

[JDM]

You keep arguing this point that REALITY is proving to be wrong.

The ownership group can ABSOLUTELY vote on who and who is not a part of their membership. They have already proven this, yet you keep arguing against reality.

Good luck with that.

Once he has become a member, there are specific rules involved in kicking him out. He must both breach a contract and cause significant harm to the league for it to come to an owners vote.


He has not breached any contract, and the league cannot just unilaterally breach their end without seeing extremely expensive consequences.

 

[True Lakers Fan]

So he has absolutely no reasonable expectation of a shred of privacy in his own bedroom? Whatever he says can and will be sold to TMZ and you're cool with that. Sorry, NOT ME!!!

Not when you are a 81 year old fart worth 2.0 or mor billion dollars and sleeping with a 23 year old bimbo

 

[TBBishop]

She didn't have the right to do that! Stop pretending like she did. The private conversation was none of our damned business and you know it. It doesn't matter who we're talking about, that's the right we enjoy as citizens here!!! You're pretending like she did something admirable and courageous.

I hope Sterling sues the shit out of her and TMZ and wins.

I'm not pretending like she was admirable or courageous. I just don't give a damn how he was exposed. She can go to jail for her illegal actions. Larry Johnson can be fired and banned too. I truly don't care. Sterling said racist shit, it was made public, now he will deal with the fallout.

 

[starbigd]

I have no idea whether the recording was obtained legally or illegally.

I agree that his girlfriend is no saint or hero and I would have no problem with her losing a lawsuit over it.

That said, his statements were made public and verified to be accurate. He has to deal with the business ramifications of that happening. It doesn't matter how those views came to the knowledge of the public because he's not accused of anything illegal, he's just being dealt with by his business partners.

THIS

His business partners have decided they don't want him to be a part of their business. Not sure why so many here seem to think there's a problem with this.

 

[LALakersboy24.7]

I have no idea whether the recording was obtained legally or illegally.

I agree that his girlfriend is no saint or hero and I would have no problem with her losing a lawsuit over it.

That said, his statements were made public and verified to be accurate. He has to deal with the business ramifications of that happening. It doesn't matter how those views came to the knowledge of the public because he's not accused of anything illegal, he's just being dealt with by his business partners.

"He is innocent " - Bill Russell

 

[True Lakers Fan]

Once he has become a member, there are specific rules involved in kicking him out. He must both breach a contract and cause significant harm to the league for it to come to an owners vote.


He has not breached any contract, and the league cannot just unilaterally breach their end without seeing extremely expensive consequences.

He breached the contract when his personal opinions on blacks became public because his opinions are unacceptable in the NBA and under the terms of the NBA, the courts won't get decide the merits - the arbitrators in the NBA will decide. You need to get it straight - this is not a civil matter in the courts. It is a private matter in the NBA and the power of the NBA can remove him

 

[R.J. MacReady]

THIS

His business partners have decided they don't want him to be a part of their business. Not sure why so many here seem to think there's a problem with this.

Because tossing out your business partner in this situation is not cut and dry. Not by a mile.

 

[gordontrue]

I think one of the problems is that people in this country still harken back to slavery & try to put its cause & effect on today's society. That page was turned long ago & given there is no chance in hell it will ever be re-visited, it's more harmful can good to bring it up. Now, is there inequality & racism today. Just ask DS & LJ.

I completely agree with this. 100%. Revisiting that past only fosters racism today.

The things is, I think the black community should be given leniency in terms of their time frame to move on from it.

Its like if you wrong someone horribly and then apologize. You can't expect them to be fine with everything right away. It would be best for everyone if they did (assuming you were sincerely apologetic). But moving on is their decision and in their time table.

 

[TBBishop]

Incredible double standard. Truly beyond belief that an intelligent individual could feel that way.

One said in a private conversation that he wanted his domestic partner to stop posting pics of her with black people.

The other posted on social networks that he wanted to ban all white people from the NBA.

But only one is hateful. Just fucking wow.

He didn't say a word about banning white people from the NBA. If he did, please show it to me. He didn't say that he didn't like white people or that his woman was embarrassing him by posting pictures of herself and white people. What LJ said was pretty ignorant. It was not hateful, it was not hurtful, and I don't see how any intelligent individual can even attempt to cast the 2 situations in the same light.

 

[starbigd]

Once he has become a member, there are specific rules involved in kicking him out. He must both breach a contract and cause significant harm to the league for it to come to an owners vote.


He has not breached any contract, and the league cannot just unilaterally breach their end without seeing extremely expensive consequences.

I guess we shall see.

So far, you are 0 for 1, and looking at 0 for 2.

You have no idea whats in the NBA by-laws. If the NBA believes they have the grounds to move forward and the votes, your opinion will mean squat.

And things are moving to that. They obviously believe they have the grounds and the means to oust him.

 

[LALakersboy24.7]

Because tossing out your business partner in this situation is not cut and dry. Not by a mile.

Good point.