truth on hold Posted May 30, 2013 Share Posted May 30, 2013 Actually radio stations can get in HUGE trouble for broadcasting prank phone calls. In fact it's illegal to record any phone call without letting someone know BEFORE you start. Yes stations do get away punking people, then letting them in on the joke later and getting permission to air the call. But it is illegal to do that. There must be prior consent. PTR I've heard plenty of live pranks aired. Link to comment Share on other sites More sharing options...
eball Posted May 30, 2013 Share Posted May 30, 2013 Actually radio stations can get in HUGE trouble for broadcasting prank phone calls. In fact it's illegal to record any phone call without letting someone know BEFORE you start. Yes stations do get away punking people, then letting them in on the joke later and getting permission to air the call. But it is illegal to do that. There must be prior consent. PTR You're wasting your breath arguing with Mr. know-it-all. Link to comment Share on other sites More sharing options...
Roger Goodell Posted May 30, 2013 Share Posted May 30, 2013 Wonder if this was the NFL putting some pressure on the Feds? I get the feeling the League does not like being made to look a fool. Maybe the Commissioner made a call? The NFL respects the criminal justice system and will let this play out as it should in the courts. Link to comment Share on other sites More sharing options...
boyst Posted May 30, 2013 Share Posted May 30, 2013 I've heard plenty of live pranks aired. they are in on it, prescreened, or in the cade of Howard stern who probably makes the worst prank and crank calls they will call and record the person then later call back to ask for permission. Its not illegal in every state to disclose you are recording them prior to beginning the conversation. They call the person a few days later and tell them it was for radio and ask to use the call... Link to comment Share on other sites More sharing options...
Sisyphean Bills Posted May 30, 2013 Share Posted May 30, 2013 http://www.abc.net.a...rt-says/4656622 I wonder if she gave permission in her suicide note. (But, yeah, here in the USA we have the FCC...) Link to comment Share on other sites More sharing options...
eSJayDee Posted May 30, 2013 Share Posted May 30, 2013 I'd like to add that in almost all instances, when a prank phone call is aired, one of the parties is aware they're being recorded. In some (most?) states, that is all that is necessary. In this case, the both parties in the conversation were unaware they were being recorded AND that their conversation was essentially being illegally tapped. Link to comment Share on other sites More sharing options...
bigK14094 Posted May 30, 2013 Share Posted May 30, 2013 I loved how Nix got flamed here after falling for something he never should have expected. What those guys did was mad shady, immeasurably unethical and as we're about to find out, borderline illegal. I doubt they're found guilty of anything, though. Ugh....these guys did this for profit....they sold the recording to deadspin.com for $200. I don't know if they go to jail, but, not out of the question. And, they will be found guilty of illegal wiretapping, just a question of what sentence they draw. Link to comment Share on other sites More sharing options...
Mr. WEO Posted May 30, 2013 Share Posted May 30, 2013 I loved how Nix got flamed here after falling for something he never should have expected. What those guys did was mad shady, immeasurably unethical and as we're about to find out, borderline illegal. I doubt they're found guilty of anything, though. Nix was flamed because he came off as whining about how Fitz was holding the roster and cap hostage and Buddy just didn't know what to do. Most likely the White Collar Crime division of the Feds are going after these guys. They are totally different people than those who prosecute and investigate terrorist or drug related crimes. What these kids did was most likely a violation of federal laws. I think they only got involved because it crossed state lines. Otherwise, each state has its own laws about recording conversations. Remember Linda Tripp? She recorded all those conversations with Lewinski without consent. Not only didn't the Ferds charge her with a crime, they happily took all of her tapes and used them to prosecute Lewinski and Clinton. The State of Maryland indicted Tripp for illegal wiretapping. Ironically, since the Feds had given immunity to Tripp and everyone else in the Lewinski investigation, much of the tapes/evidence was ruled inadmissable by a state court (yet dispite being illegally obtained, the Feds had no concerns about admissability for their purposes). See? Sometimes the Feds don't care if someone "illegally" tapes a conversation. Murph just said on his show that these two guys are from Massachusetts. Hmmm, did Belichick put these guys up to this to find another means to embarrass the Bills? I think for Belichcik, having them on his schedule twice a year every year satisfies his need to embarrass the Bills. Agreed. But to me anyway, they really seem to go out of their way for the NFL. For example, they have been going after Microsoft almost forever about being a monopoly and price fixing, but they wrote a law specifically allowing the NFL to have a monopoly. And I never remember reading anything about the government looking into why anything NFL costs so much, and at the same time someone put pressure on DHGate to stop advertising fake jerseys. Seems they get special treatment for some reason. Why on earth would the government "look into" what the NFL charges for merchandize?? And why wouldn't they go after companies producing illegal knockoffs? Actually radio stations can get in HUGE trouble for broadcasting prank phone calls. In fact it's illegal to record any phone call without letting someone know BEFORE you start. Yes stations do get away punking people, then letting them in on the joke later and getting permission to air the call. But it is illegal to do that. There must be prior consent. PTR I'd like to add that in almost all instances, when a prank phone call is aired, one of the parties is aware they're being recorded. In some (most?) states, that is all that is necessary. In this case, the both parties in the conversation were unaware they were being recorded AND that their conversation was essentially being illegally tapped. Prior consent is not needed. But before it can air, a signed release must be obtained. Also, this wasn't a "prank call" in any traditional sense. It was a recorded conversation that didn't involve the perpetrators. They will cop a plea and pay a fine. Link to comment Share on other sites More sharing options...
CodeMonkey Posted May 30, 2013 Share Posted May 30, 2013 Why on earth would the government "look into" what the NFL charges for merchandize?? And why wouldn't they go after companies producing illegal knockoffs? 1) The government gave the NFL special permission to operate as a monopoly. I would think protecting the fans from price gouging due to that decision is not too much to ask. Granted it's not like a NFL jersey is a basic necessity of life, but if the gov't allows the monopoly they have a responsibility to make sure it isn't abused in my opinion. 2) Good question and I wanted to make sure, so using DHGate as one small example I went to the site and searched for the jerseys of a couple well known NFL players and came up with no hits. I then searched for a couple well known baseball players jerseys and hockey players jerseys and found some. If all companies are equal in the eyes of the government, why don't they protect MLB and the NHL as much as the NFL? Link to comment Share on other sites More sharing options...
Mango Posted May 30, 2013 Share Posted May 30, 2013 Actually radio stations can get in HUGE trouble for broadcasting prank phone calls. In fact it's illegal to record any phone call without letting someone know BEFORE you start. Yes stations do get away punking people, then letting them in on the joke later and getting permission to air the call. But it is illegal to do that. There must be prior consent. PTR I have heard FWIW that in NYS one or more of the recorded parties involved need to be made aware, making prank calls nothing more than harassment and this illegal recording. Again that is hearsay Link to comment Share on other sites More sharing options...
dpberr Posted May 30, 2013 Share Posted May 30, 2013 I don't see how or why these guys get a break. Wiretapping is espionage, and in this particular case, corporate espionage. Link to comment Share on other sites More sharing options...
NoSaint Posted May 30, 2013 Share Posted May 30, 2013 Ugh....these guys did this for profit....they sold the recording to deadspin.com for $200. I don't know if they go to jail, but, not out of the question. And, they will be found guilty of illegal wiretapping, just a question of what sentence they draw. even if they dont go to jail, these guys will likely be dealing with this nonsense on job interviews and various background checks for the rest of their lives unless they end up with some sort of very minor mischief charge Link to comment Share on other sites More sharing options...
l< j Posted May 30, 2013 Share Posted May 30, 2013 Did the pranksters do us a favor? From Tim Graham/Buffalo News yesterday: Fitzpatrick eventually declined to restructure his contract, and although he denied his decision was impacted by what Nix said in the recording, sources close to Fitzpatrick told me he was incensed. http://blogs.buffalonews.com/press-coverage/2013/05/what-a-gag-buddy-nixs-pranksters-face-federal-charges.html?ref=bmh If this is true, then the release of the recording poisoned the relationship enough to make it impossible to rework Fitz's contract and bring him back at a more appropriate salary. I liked Fitz, but we know he wasn't taking us anywhere special and am glad we are moving on. Better that it was a clean break and not dragged out. kj Link to comment Share on other sites More sharing options...
tennesseeboy Posted May 30, 2013 Share Posted May 30, 2013 Anyone dumb enough to bother recording Buddy Nix should plead insanity. They'll get off for sure. Link to comment Share on other sites More sharing options...
Drewgetz Posted May 30, 2013 Share Posted May 30, 2013 @JeffRussoWKBW RT @JohnBorsa: Breaking: Men accused of recording phone call between #Buffalo #Bills GM Buddy Nix - TB GM Mark Dominik face federal charges. They're from Mass. so I assume they are Patriot fans. Hang 'em high then boil them in oil after they are tar and feathered. Link to comment Share on other sites More sharing options...
CodeMonkey Posted May 30, 2013 Share Posted May 30, 2013 They're from Mass. so I assume they are Patriot fans. Hang 'em high then boil them in oil after they are tar and feathered. I don't know. Being fans of Marcia and the Cheatriats are definitely signs of being abused as children. Link to comment Share on other sites More sharing options...
truth on hold Posted May 30, 2013 Share Posted May 30, 2013 Did the pranksters do us a favor? From Tim Graham/Buffalo News yesterday: http://blogs.buffalonews.com/press-coverage/2013/05/what-a-gag-buddy-nixs-pranksters-face-federal-charges.html?ref=bmh If this is true, then the release of the recording poisoned the relationship enough to make it impossible to rework Fitz's contract and bring him back at a more appropriate salary. I liked Fitz, but we know he wasn't taking us anywhere special and am glad we are moving on. Better that it was a clean break and not dragged out. kj In that case let's get a pool together to pay their fine Link to comment Share on other sites More sharing options...
NoSaint Posted May 30, 2013 Share Posted May 30, 2013 Did the pranksters do us a favor? From Tim Graham/Buffalo News yesterday: http://blogs.buffalonews.com/press-coverage/2013/05/what-a-gag-buddy-nixs-pranksters-face-federal-charges.html?ref=bmh If this is true, then the release of the recording poisoned the relationship enough to make it impossible to rework Fitz's contract and bring him back at a more appropriate salary. I liked Fitz, but we know he wasn't taking us anywhere special and am glad we are moving on. Better that it was a clean break and not dragged out. kj all jokes aside, i think some people are pulling the "this is silly, footballs just a game" card, when in reality it may have had effects on a billion dollar company negotiating with a 10 million a year employee. thats not small potatoes. Link to comment Share on other sites More sharing options...
NobesBLO13 Posted May 30, 2013 Share Posted May 30, 2013 Out of curiosity did the party that bought and published the recording do anything illegal? Link to comment Share on other sites More sharing options...
NoSaint Posted May 30, 2013 Share Posted May 30, 2013 Out of curiosity did the party that bought and published the recording do anything illegal? deadspins lawyers havent failed them yet, that i can think of. the creation of the tape, not distribution is the real issue i believe. Link to comment Share on other sites More sharing options...
offyourocker Posted May 30, 2013 Share Posted May 30, 2013 It is only ok if the Feds do it Link to comment Share on other sites More sharing options...
Mr. WEO Posted May 30, 2013 Share Posted May 30, 2013 1) The government gave the NFL special permission to operate as a monopoly. I would think protecting the fans from price gouging due to that decision is not too much to ask. Granted it's not like a NFL jersey is a basic necessity of life, but if the gov't allows the monopoly they have a responsibility to make sure it isn't abused in my opinion. 2) Good question and I wanted to make sure, so using DHGate as one small example I went to the site and searched for the jerseys of a couple well known NFL players and came up with no hits. I then searched for a couple well known baseball players jerseys and hockey players jerseys and found some. If all companies are equal in the eyes of the government, why don't they protect MLB and the NHL as much as the NFL? Not exactly. There and have been several professional football leagues that compete directly or indirectly with the NFL. The NFL doesn't have a "monopoly" on professional sports. Also, the free market determines the price of NFL tickets (as is true for almost any product sold in this country), so there is no "price gouging" involved and therefore no need to invoke government oversight. What you're suggesting makes no sense. The NFL is a copywrited entity, as are the NHL and MLB. If DHGate is ripping off the NHL and MLB, it's up to those organizations to file a complaint or charge. The government has no favorites in pro sports. Also remeber, teams are free to make deals on their own with any vendors regarding merchandise. This is not true in the NFL--there is only one official seller of merch. I don't see how or why these guys get a break. Wiretapping is espionage, and in this particular case, corporate espionage. This is a riot. You need to look up a definition of corporate espionage. Did the pranksters do us a favor? From Tim Graham/Buffalo News yesterday: http://blogs.buffalo...es.html?ref=bmh If this is true, then the release of the recording poisoned the relationship enough to make it impossible to rework Fitz's contract and bring him back at a more appropriate salary. I liked Fitz, but we know he wasn't taking us anywhere special and am glad we are moving on. Better that it was a clean break and not dragged out. kj I think you are absolutely correct. Notice how Buddy is complaining that he doesn't know what to do with Fitz on the call. Very soon after, the Fitz problem is solved. This taped call was a boon to the Bills becasue Russ realized WTF was going on in the mind of his GM and then stepped in to release Fitz. all jokes aside, i think some people are pulling the "this is silly, footballs just a game" card, when in reality it may have had effects on a billion dollar company negotiating with a 10 million a year employee. thats not small potatoes. See above. It allowed the President of the team to step in and quickly solve the "problem" of the 10 million a year employee. No harm done. Link to comment Share on other sites More sharing options...
26CornerBlitz Posted May 30, 2013 Author Share Posted May 30, 2013 The NFL is a copywrited entity, as are the NHL and MLB. Come on now....It's copyrighted. I expect a man of your intellect to know the difference between copyright and copywrite. Link to comment Share on other sites More sharing options...
BuffaloBill Posted May 30, 2013 Share Posted May 30, 2013 Clogging up the courts and wasting taxpayer money over a prank call. Ridiculous. However good chance these guys broke the law. Way beyond a prank call. Link to comment Share on other sites More sharing options...
SACTOBILLSFAN Posted May 30, 2013 Share Posted May 30, 2013 Just my $.02 on the radio prank call deal. My buddy is a DJ in Austin and he said if you actually listen to the DJ when the other party answers they will always say "you're on the radio right now" which is what makes the recording legal. Link to comment Share on other sites More sharing options...
Doc Posted May 30, 2013 Share Posted May 30, 2013 Just my $.02 on the radio prank call deal. My buddy is a DJ in Austin and he said if you actually listen to the DJ when the other party answers they will always say "you're on the radio right now" which is what makes the recording legal. Either that of they get permission afterwards. Link to comment Share on other sites More sharing options...
Mr. WEO Posted May 30, 2013 Share Posted May 30, 2013 Come on now....It's copyrighted. I expect a man of your intellect to know the difference between copyright and copywrite. oops. Public schools... Link to comment Share on other sites More sharing options...
Tcali Posted May 31, 2013 Share Posted May 31, 2013 these 2 douches get prison time and the present douches in govt will get a slap on the wrist Link to comment Share on other sites More sharing options...
Snopple Posted May 31, 2013 Share Posted May 31, 2013 Joshua Barber and Nicholas Kaiser who allegedly recorded a private conversation between Buddy Nix and Tampa Bay GM Mark Dominik are now facing federal charges that could see them imprisoned for five years. All for a non-violent crime that hurt no one. While they may have broken the law and deserve some kind of punishment, do they really deserve to go thru life with a felony conviction on their record? All for a harmless prank, where they had no criminal intent? Where is the excuse making in the media for these guys? As there is in the media every time a professional athlete gets into trouble. We always here how they are just young guys who need to mature and grow up. Shouldn’t the same standard apply to Barber and Kaiser? After all, they’re only 20 years old. As an example, a couple weeks ago, John Murphy, after interviewing Da’Rick Rogers on his nightly show, made it clear how much he believed in giving people a second chance. But last night he wasn’t talking about second chances when reporting on Barber and Kaiser’s indictment. I got the impression he wanted them severely punished for what they did. Link to comment Share on other sites More sharing options...
BillsWatch Posted May 31, 2013 Share Posted May 31, 2013 If they are not going to be punished legally then they should be punished in some other way like needing to spend time cleaning up garbage every weekend for a year with Miami Jerseys with names "Idiot" #1 and "Idiot" #2. This will ensure some "dumb young guys" do not try same stunt again for 15 minutes of fame. Link to comment Share on other sites More sharing options...
NoSaint Posted May 31, 2013 Share Posted May 31, 2013 Joshua Barber and Nicholas Kaiser who allegedly recorded a private conversation between Buddy Nix and Tampa Bay GM Mark Dominik are now facing federal charges that could see them imprisoned for five years. All for a non-violent crime that hurt no one. While they may have broken the law and deserve some kind of punishment, do they really deserve to go thru life with a felony conviction on their record? All for a harmless prank, where they had no criminal intent? Where is the excuse making in the media for these guys? As there is in the media every time a professional athlete gets into trouble. We always here how they are just young guys who need to mature and grow up. Shouldn’t the same standard apply to Barber and Kaiser? After all, they’re only 20 years old. As an example, a couple weeks ago, John Murphy, after interviewing Da’Rick Rogers on his nightly show, made it clear how much he believed in giving people a second chance. But last night he wasn’t talking about second chances when reporting on Barber and Kaiser’s indictment. I got the impression he wanted them severely punished for what they did. Punishment and second chances aren't mutually exclusive. They can pay for their mistakes and still be members of society afterwards. Just like da'rick was kicked off his team and then went undrafted as a consequence but now has a chance to make good. Or should these guys just get a free pass cause they are 20? Link to comment Share on other sites More sharing options...
2020 Our Year For Sure Posted May 31, 2013 Share Posted May 31, 2013 (edited) Joshua Barber and Nicholas Kaiser who allegedly recorded a private conversation between Buddy Nix and Tampa Bay GM Mark Dominik are now facing federal charges that could see them imprisoned for five years. All for a non-violent crime that hurt no one. While they may have broken the law and deserve some kind of punishment, do they really deserve to go thru life with a felony conviction on their record? All for a harmless prank, where they had no criminal intent? Where is the excuse making in the media for these guys? As there is in the media every time a professional athlete gets into trouble. We always here how they are just young guys who need to mature and grow up. Shouldn’t the same standard apply to Barber and Kaiser? After all, they’re only 20 years old. As an example, a couple weeks ago, John Murphy, after interviewing Da’Rick Rogers on his nightly show, made it clear how much he believed in giving people a second chance. But last night he wasn’t talking about second chances when reporting on Barber and Kaiser’s indictment. I got the impression he wanted them severely punished for what they did. It wasn't harmless though, if it's true that the recording influenced Fitzpatrick to reject a restructured contract. That seems likely because he left Buffalo where he'd compete to start, for Tennessee where he is the backup. Seems like we have $7M dead money on our cap next year because of this. I know he wasn't taking us anywhere but he's not much better or much worse than Kevin Kolb, except we had to burn cap to switch to Kolb. Edited May 31, 2013 by J-Gun Boone Link to comment Share on other sites More sharing options...
San Jose Bills Fan Posted May 31, 2013 Share Posted May 31, 2013 It wasn't harmless though, if it's true that the recording influenced Fitzpatrick to reject a restructured contract. That seems likely because he left Buffalo where he'd compete to start, for Tennessee where he is the backup. Seems like we have $7M dead money on our cap next year because of this. I know he wasn't taking us anywhere but he's not much better or much worse than Kevin Kolb, except we had to burn cap to switch to Kolb. So arguably, there are damages related to the phone call. Link to comment Share on other sites More sharing options...
Doc Posted May 31, 2013 Share Posted May 31, 2013 The take home message is: don't mess with the NFL. Link to comment Share on other sites More sharing options...
Drop Kick Flutie Posted May 31, 2013 Share Posted May 31, 2013 Happens all the time calling up two Chinese restaurants and flipping the phones, only reason they care is because it's the NFL. Kong Fu Dragon's Chopstick Palace calls up the FBI about the same thing and they would get laughed at. Link to comment Share on other sites More sharing options...
Nick the Greek Posted May 31, 2013 Share Posted May 31, 2013 The Feds do not lose? Really. Go ask Roger Clemens and Barry bonds. The Feds are a joke John Edwards too. Link to comment Share on other sites More sharing options...
truth on hold Posted May 31, 2013 Share Posted May 31, 2013 So arguably, there are damages related to the phone call. If something like that even applies here would be very hard to prove. Bud man on the call stated that something had to change or Fitz was gone. Nothing changed fits is gone. Nothing new here. Link to comment Share on other sites More sharing options...
San Jose Bills Fan Posted May 31, 2013 Share Posted May 31, 2013 It wasn't harmless though, if it's true that the recording influenced Fitzpatrick to reject a restructured contract. That seems likely because he left Buffalo where he'd compete to start, for Tennessee where he is the backup. Seems like we have $7M dead money on our cap next year because of this. I know he wasn't taking us anywhere but he's not much better or much worse than Kevin Kolb, except we had to burn cap to switch to Kolb. So arguably, there are damages related to the phone call. If something like that even applies here would be very hard to prove. Bud man on the call stated that something had to change or Fitz was gone. Nothing changed fits is gone. Nothing new here. Notice I italicized the word arguably. Link to comment Share on other sites More sharing options...
WWVaBeach Posted May 31, 2013 Share Posted May 31, 2013 Good lock em up & throw away the key! Link to comment Share on other sites More sharing options...
Mr. WEO Posted May 31, 2013 Share Posted May 31, 2013 It wasn't harmless though, if it's true that the recording influenced Fitzpatrick to reject a restructured contract. That seems likely because he left Buffalo where he'd compete to start, for Tennessee where he is the backup. Seems like we have $7M dead money on our cap next year because of this. I know he wasn't taking us anywhere but he's not much better or much worse than Kevin Kolb, except we had to burn cap to switch to Kolb. There is no way Marrone was going to keep Fitz anyway. That phone call spurred Russ to tell Buddy to cut Fitz loose. The dead cap money is on Buddy. The call was serendipity. Link to comment Share on other sites More sharing options...
Recommended Posts