Lebron's cap-hold if he opts out?

FGump
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Re: Lebron's cap-hold if he opts out? 

Post#21 » by FGump » Thu Dec 10, 2009 4:07 am

"I never take shots at people or try to prove I'm smarter than them... if you think so, I apologize ...and by the way, I was always right ...blah blah blah." Nice sincere apology - not. You again have demonstrated my point by following your "I never take shots" and "I'm not here to prove I'm always right and make others look bad" with actions trying to do exactly those things. Niiiiiiiiiiiice.

On the topic at hand - your assertion that the term Max Player Salary is undefined and left vague by the CBA - plain common sense tells us all that you still were clearly wrong, and you're still taking great pains to redefine how language is used, just to keep from admitting that simple truth. Which again proves my point, doesn't it?

In an agreement obviously there is a great need for definitions for technical terms where the meaning might be unclear or somehow obfuscated, and it is advantageous to gather those assorted definitions and put them in one place for ease of use. But just because a term is capitalized in the CBA doesn't mean it was meant to be (or had to be) defined in the glossary; some - especially those which are not technical but merely use their obvious meanings - may not appear because words don't lose their plain language meaning just by being used in an agreement, and while it's not as neat and tidy, the document itself can define terms when need be without them being in the glossary. So when they use obvious language like Maximum Player Salary, its meaning in context is easy to understand - we (at least the vast majority of us) clearly understand the meaning of Maximum and the meaning of Player and the meaning of Salary without having to be given a primer; and if there remains any doubt, the fact that there is an entire section of more than 1000 words defining the concept of the Max Annual Salary for a player - rather than merely a paragraph in the glossary - should be more than enough for any intelligent reader to comprehend the intended meaning of Max Player Salary when used.
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Re: Lebron's cap-hold if he opts out? 

Post#22 » by answerthink » Thu Dec 10, 2009 4:23 am

My apologies are sincere. I would ask you yet again to please not comment on my intentions.

Your third paragraph is completely incorrect. Capitalized terms in legal documents (unless they start a sentence or are referring to a name) must always be defined. This is precisely the reason they are capitalized. Terms are capitalized when the authors of the document feel "plain common sense" is not enough to establish true meaning.

An example of what I mean is the term Option Buy-out. Plain common sense told you that an Option Buy-out was only possible in respect of a Player Option. Were you correct?

If the authors of the CBA intended for us to use our plain common sense to define the term "Maximum Player Salary," the term would not be capitalized.

I again state very clearly that while there is an apparent error in the language of the CBA, it is overwhelmingly likely that we are all interpreting the intent of the language correctly (which, again, is why I stated in my initial post that my addendum was unnecessary). The part of my post I felt some of us might find interesting is the salary cap level at which Lebron's cap hold would increase, which is approximately $59 million.
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Re: Lebron's cap-hold if he opts out? 

Post#23 » by FGump » Thu Dec 10, 2009 5:43 am

"...it is overwhelmingly likely that we are all interpreting the intent of the language correctly (which, again, is why I stated in my initial post that my addendum was unnecessary)"

I still don't agree with your underlying young idealistic lawyer assumptions on how an agreement MUST be written (since this is an agreement, it exists, and it may be written otherwise to an extent) and I still find questionable the sincerity of an apology for appearing to only be interested in one-upsmanship that is accompanied yet again with a one-upsmanship type allusion to a long-since-ended topic....

....but on this quote above we can agree. Which I tried to do originally, until you argued with me how necessary your addendum was because of yada yada yada Max Player Salary yada yada yada and we ended up in this rabbit trail.

Originally, Sham said it perfectly and succinctly. Lebron's cap hold will be the maximum.

Then Dunk amended it perfectly - the maximum for Lebron will be $16,568,907.

And the rest were merely technicalities that have no applicability in the reality of today's NBA, numbers that will never come into play so need not be added. After Dunk, nothing remained to be said on the topic - and you said it.
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Re: Lebron's cap-hold if he opts out? 

Post#24 » by answerthink » Thu Dec 10, 2009 6:25 am

Imagine where we'd be if I made a post which most of us found unnecessary as I declared it to be, a select few found it helpful and/or interesting, and it was left at that…

I have been personally asked several times at what salary cap level Lebron's/Wade's cap holds would start to increase, which is why I felt some on this site might find it helpful/interesting.

As to your disagreement with my lawyer assumptions, if you still do not agree and are interested in finding out whether or not I am correct, I would suggest you ask a lawyer whose opinion you trust.
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Re: Lebron's cap-hold if he opts out? 

Post#25 » by FGump » Thu Dec 10, 2009 6:44 am

answerthink wrote:Imagine where we'd be if a post which was as unnecessary as I declared [mine] to be... was left [without being posted]….


Ah yes, imagine Utopia. Maybe one day we'll be so lucky.
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Re: Lebron's cap-hold if he opts out? 

Post#26 » by answerthink » Thu Dec 10, 2009 6:52 am

That was a very mature response.
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Re: Lebron's cap-hold if he opts out? 

Post#27 » by FGump » Thu Dec 10, 2009 7:15 am

answerthink wrote:That was a very mature response.


Thanks, I thought it was a perfect ender to the sensibilities on display in this thread. Glad you agree.

~joining hands and joining everyone here in a fadeout accompanied by Lennon's ode to Utopian fantasies, "Imagine"~
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Re: Lebron's cap-hold if he opts out? 

Post#28 » by Three34 » Thu Dec 10, 2009 7:34 am

I'm going to go ahead and pencil in at least two for the lawyer count.
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Re: Lebron's cap-hold if he opts out? 

Post#29 » by Dunkenstein » Thu Dec 10, 2009 5:27 pm

Sham wrote:I'm going to go ahead and pencil in at least two for the lawyer count.

My bet is that we have one lawyer and one law student who has spent all his time reading law books and case studies, but has no practical experience with the law. He's still at the "impressing the professor with his brilliant interpretation of the law" stage of his legal training.

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