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Scott Boras
Hall Of Shame Member
Added December 19, 2006

Last Updated - March 6, 2011

Who is Scott Boras? Does anyone really care? We would describe him as a pompous ass whose inflated ego qualifies him to be a float in the annual Thanksgiving Day Parade in New York City.

Scott Boras (in our opinion it should be spelled Bore-Ass) is an expensive sports agent who gets the big bucks for mostly baseball players. Big bucks. You would think he would spend it on a staff that understood the First Amendment and the Fair Use Doctrine.

Seems two eBay sellers, owen*and*emma, are Red Sox fans and they really didn't like former Red Sox player Johnny Damon going over to the hated Yankees. What Red Sox fan would? So, they marketed a onesie with the wording on it Damon Sucks. When you click to see the onesie, please note there is no baseball logo on the onesie anywhere. Her listing did mention the Yankees and the Red Sox but where is the crime there? The only ones who would be interested in the oneside would be a Red Sox fan. And, their opinion is fully protected under the First Amendment.

So what was the heinous crime that got Scott Boras membership here? On June 9, 2006, his corporation ordered eBay to terminate the acution for the onesie claiming Right of Publicity. Scott Boras Corporation did not reply to any of owen*and*emma's attempts at emails. She called Scott Boras Corporation and they wouldn't talk to her. Snotty corporate attitude. But what else would one expect from a pompous ass?

In Cardtoons v. Major League Baseball Players Assn, 95 F.3d 959 (10. th. Cir. 1996), the court rejected the right of publicity claim in favor of the First Amendment and parody. "The cards are no less protected because they provide humorous rather than serious commentary. Speech that entertains, like speech that informs, is protected by the First Amendment because "[t]he line between the informing and the entertaining is too elusive for the protection of that basic right." See id.

In ETW v Jireh Publishing 332 F.3d 915 (6th Cir 2003), the court said, "The protection of the First Amendment is not limited to written or spoken words, but includes other mediums of expression, including music, pictures, films, photographs, paintings, drawings, engravings, prints, and sculptures." Tiger Woods was trying to stop someone from selling lithographing of a painting which contained his likeness. "Speech is protected even though it is carried in a form that is sold for profit."

Scott Bore-ass knows about the limitations of the right of publicity. He is a lawyer. He is also an over-bearing ass who does not care about the rights of others.

Enter Greg Beck, a lawyer for the Public Citizen's Litigation Group out of Washington, D.C. Voilá, the lawyers for Borass saw the light and talked settlement.

Did someone say negative publicity? A number of news organizations carried the story, including ESPN, the newspaper South Coast Today, and MSNBC, among others.

According to attorney Ryan Lubner, "it was the product description that was the issue". Another less inventive crock. A lawyer lie as we call it. If the "description" was an issue, why not contact the seller and talk about it instead of issuing a Notice Of Claimed Infringement which places the seller's business in jeopardy? Why not return her emails you nitwit? Why? Because, in our opinion, you are just another one of those arrogant assshole attorneys who thrive on hurting people who you don't feel can, or will, fight back. Proof? You folded right after being contacted by an attorney who was willing to take your sorry ass directly into court without passing go.

The Damon Sucks onesies are on eBay thanks to Greg Beck and the Public Citizen's Litigation Group.

We think attorney Ryan Lubner needs to re-attend Con Law 101. He slept through it the first time. Scott Boras slept through Constitutional Law and the First Amendment but got straight As in asshole intimidation.




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