You've seen the official "trailer" and read the interview by FanHouse's own Brett Edwards, so now let's squash this "Kobe video" nonsense for good. As the old saying goes, you can fool some of the people some of the time ... but you can't fool Miss Gossip. I agree with the instinct of my fellow FanHousers -- there is little new in this video other than a few naughty words. But here is your proof that there is nothing truly damaging in the video: Kobe could easily have a lawyer kill this thing (there's a ball and hoop out back ... see you in court, suckas!), but he's choosing not to even bother. For the record, a lawyer could pursue any of the following three arguments.
1. If the goal of the "Kobe Video Guys" is to get Kobe's camp to pay them hush money (which they told Brett is untrue), then that would be kind of a legal no-no. I'll give you a hint as to which one, it starts with an "e" and ends with "xtortion."
2. If the goal is to sell the video to a media outlet, then Kobe could possibly sue for money damages or an injunction preventing the release of the video. As a celebrity he has a legal right in his own publicity image -- he can't stop you from showing his image on the news, but he may be able to stop you from profiting from his image without his permission. The KVG guys told Brett that Bryant didn't know he was being filmed -- which sure sounds like he did not grant his permission for them to disseminate the video for profit. Alert the fish, these guys are on thin ice!
3. Finally, if the goal is to sell the video for $1.99 per copy (the current plan according to the KVG website), then everything from #2 above applies. Additionally, you have the super-legal argument that these KVG guys are just plain dumb. Why would thousands of people pay for the video when five minutes after its release they could probably see it for free on the FanHouse (courtesy of one of our master video capturers)? And hey, KVG Crew, don't go trying to sue me for tortious interference with your business -- because that's not going to work when your "business" is some kind of pseudo-extortionist pirate operation.
Bottom line: Bryant has a solid case, but the video is so worthless that he won't even fork over $300 to get his lawyer to spend half an hour drafting a cease-and-desist letter. (Either that, or Kobe is keeping the lawyers at bay because the video is actually part of his master plan for world domination brainchilded by his new agent Gilbert Arenas. If not, then I'll buy TheHype's theory that this is all a major PR stunt for a certain upcoming movie.)
Previously on FanHouse:
An Interview with 'The Kobe Video Guys'
The Kobe Video: Raw and Uncut
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Reader Comments (Page 1 of 1)
6-19-2007 @ 11:37AM
Nate Jones said...
Damn Girl! Showing off those lawyering skills. I have to admit, at first I was interested in finding out about this video a bit. But then when I realized that they recorded it without him knowing and that these guys are just pulling sports more in the direction of TMZ tabloid b.s. that I HATE, I just wanted the whole thing to go away. These guys are whack!
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6-19-2007 @ 12:04PM
Simon said...
uh, would it really be that easy for kobe to get this video squashed using those legal methods?
like was paris hilton just sitting on her hands while porno companies were engaged in a bidding war over the rights to a private (not "for profit") sex tape that she made with an ex-lover?
the actual success or merits of any claim that kobe could make are completely irrelevant - he could use his lawyers to just bury these guys under a mound of legal jargon (and they would have to pay an attorney a good sum of money just to tell them that his claims were without merit)
i think that kobe's lack of legal response to this video does NOT show that this video is harmless, but instead shows that kobe truly does not care about the lakers anymore.... if anything, he might think that this video will make the lakers try even HARDER to get rid of him
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6-19-2007 @ 3:30PM
poop said...
simon...dude, you're dumb, the paris hilton video was sold by her BOYFRIEND therefore she had no legal rights to protection since the video was sold by a party, her boyfriend, who had the joint rights with paris hilto, to the video....I believe hilton did try in court but because of that fact that it was her exboyfriend who sold it, there isn't much she can do...now...in this case kobe was unknowingly filmed and i doubt the fans were in some way, shape, or form, collaborators who got consent from kobe to film him rant...paris gave her consent to her exbf to film her having sex with him. Difference, yes, now stop being a dumb shit
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6-20-2007 @ 4:25AM
Ali Isfahani said...
"Additionally, you have the super-legal argument that these KVG guys are just plain dumb. Why would thousands of people pay for the video when five minutes after its release they could probably see it for free on the FanHouse? "
apparently you didn't read their website now did you? maybe you should read it before you write stuff. great lawyer you will become lolllllll.
http://www.thekobevideo.com/purchase.shtml
"Once we reach the designated threshold for orders (50,000 orders to recoup the $100,000 private party offer) each purchaser will receive his or her very own copy of the Kobe Bryant Video. Unfortunately, living in a YouTube world prevents us from sending out the video to our customers prior to meeting the order threshold. If the threshold is not met, all orders will be immediately refunded and we will sell the video to the private party. It is up to the public to decide whether or not they want to see what Kobe Bryant really thinks about Andrew Bynum and the position the Lakers organization is in."
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6-20-2007 @ 4:28AM
Miss Gossip said...
Ali: I still don't get it. I'm curious to see the video. But why should I pay for it? I'll wait for the other people to pay for it, knowing that as soon as the "threshold" is met and the video is released, I can just view a free copy on youtube.
The problem, of course, is that if everyone thinks like this, then no one will pay and the KVGs will never get the 50,000 orders they need.... which is my point. Do you really think people will overcome this prototypical "collective action problem"?
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6-20-2007 @ 8:54PM
Jim said...
First of all, Kobe can't sue. He has no legal foot to stand on. He was speaking in public and anyone can use that without compensation to him.
Second, he WANTS it to get out anyway. It could help get him traded, which is his goal. I wouldn't be surprised if he was involved in setting up the whole thing in order to get traded.
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6-22-2007 @ 12:55AM
dude said...
Kobe on returning to the Lakers [talk to the hand I’m getting off the Buss]
Kobe may breach his contract if he doesn't get traded. ESPN reports say that he will not put on the Lakers uniform. Would the Lakers sit on his contract for 2 years? Take 2 years and tie it up in court? What a waste of millions.
Is Kobe making a big mistake by forcing the issue? I think he’s crazy! He could end his career by pulling this stunt. The Lakers should trade him to the Hornets and sentence him to community service there.
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6-22-2007 @ 7:08PM
Disgusted said...
Quote from Ron of KVG in an interview with Brett: "Even if the highest bidder wanted to destroy the tape, we would accept less money from someone who would make the video public. We feel it's important to get it out there." Then on their webpage, "If the threshold is not met, all orders will be immediately refunded and we will sell the video to the private party." Why would they wait and then sell to the private party if Ron said that they'd be willing to receive less as long as it gets to the public? PLEEEEASE. They actually think people are dumb enough to believe they are doing this for the public?? Get a life. Or in their case, buy some lives..or is that what they're trying to do? I hope they make less than $1.99 (although most likely they'll bait some). - Then I'm sure the the private party will no longer be willing to pay them the $100k. People who are so desperate to make a pathetic buck on account of others make me sick to my stomach.
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7-01-2007 @ 3:30AM
John said...
Jason Smith on late night ESPN radio said the same thing as the author. Perhaps they conferred in their opinion pieces? The problem with this enterprise (other than the 3 points illustrated above), is that it's going to wind up for free on YouTube anyway.
The bottom line, except for some choice curse words, there's nothing in the video that basketball fans don't already know about, and we already heard it first on free radio anyway. Me thinks these guys were seeking their "15 minutes of fame." They got in the news anyway. Score one for KVG.
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7-01-2007 @ 3:30AM
John said...
I seriously doubt he breaches his contract. The Lakers could suspend him and that would be without pay for an indefinite amount of time. No one wants not to be paid, and Kobe is far too competitive. Such an action also, would permanently damage his image, and effectively kill his career.
He won't get traded to any contender, because they don't want to gut their roster. Season ticket holders from other teams are watching this scenario play out, and some have threatened to boycott.
His only recourse is to opt out in 2 years, in which case a ton of things could happen. He could have a change of heart with a successful Laker team.
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