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	<title>Comments on: A Very, Very Important and Frighteningly Dense Primer on the Knicks&#8217; Salary Cap and Offseason Spending Issues</title>
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		<title>By: Nick C.</title>
		<link>http://KnickerBlogger.Net/a-very-very-important-and-dense-primer-on-the-knicks-salary-cap/#comment-392767</link>
		<dc:creator>Nick C.</dc:creator>
		<pubDate>Wed, 16 May 2012 09:37:42 +0000</pubDate>
		<guid isPermaLink="false">http://KnickerBlogger.Net/?p=9877#comment-392767</guid>
		<description><![CDATA[&lt;blockquote cite=&quot;comment-392565&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-392565&quot; rel=&quot;nofollow&quot;&gt;Frank&lt;/a&gt;&lt;/strong&gt;: 
Dudes – this just totally blew my mind.I won’t ruin it for you, but let’s just say the NBPA is challenging a particular ruling that would have ENORMOUS (beneficial) consequences for us.


Via the great Howard Beck:
&lt;a href=&quot;http://www.nytimes.com/2012/05/15/sports/basketball/union-seeks-clarity-on-bird-rights-knicks-could-benefit.html?_r=1&amp;smid=tw-share&quot; rel=&quot;nofollow&quot;&gt;http://www.nytimes.com/2012/05/15/sports/basketball/union-seeks-clarity-on-bird-rights-knicks-could-benefit.html?_r=1&amp;smid=tw-share&lt;/a&gt;


&lt;/blockquote&gt;]]></description>
		<content:encoded><![CDATA[<blockquote cite="comment-392565">
<p><strong><a href="#comment-392565" rel="nofollow">Frank</a></strong>:<br />
Dudes – this just totally blew my mind.I won’t ruin it for you, but let’s just say the NBPA is challenging a particular ruling that would have ENORMOUS (beneficial) consequences for us.</p>
<p>Via the great Howard Beck:<br />
<a href="http://www.nytimes.com/2012/05/15/sports/basketball/union-seeks-clarity-on-bird-rights-knicks-could-benefit.html?_r=1&amp;smid=tw-share" rel="nofollow">http://www.nytimes.com/2012/05/15/sports/basketball/union-seeks-clarity-on-bird-rights-knicks-could-benefit.html?_r=1&#038;smid=tw-share</a></p>
</blockquote>
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		<title>By: daJudge</title>
		<link>http://KnickerBlogger.Net/a-very-very-important-and-dense-primer-on-the-knicks-salary-cap/#comment-392726</link>
		<dc:creator>daJudge</dc:creator>
		<pubDate>Wed, 16 May 2012 03:01:53 +0000</pubDate>
		<guid isPermaLink="false">http://KnickerBlogger.Net/?p=9877#comment-392726</guid>
		<description><![CDATA[If the term &quot;traded player&quot; was defined in the 1995 CBA, but is not defined in the new agreement, that will help a great deal.  I do not know whether this is true, but if the prior definition excluded a waived player from that class defined as a traded player (which it apparently did), and has now been stricken either from the definition or that the definition of a &quot;traded player&quot; is stricken altogether, the arbitrator is left to ponder the intent and spirit of the provision.  This would certainly open up a door, at least a crack.  Further, if the definition were omitted, it is fair (and common) to conclude that it was omitted on purpose, as intent can be inferred/implied.  That intent could be because the distinction between a so-called &quot;traded player&quot; and a &quot;waived&quot; player is wholly without substance and the two classes of player should be afforded equal protection and treatment under the CBA.  IMO, it would be much more likely to be a F.Up by management drafters, which would accrue heavily in our favor. That would be very sweet indeed.     
&lt;blockquote cite=&quot;comment-392639&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-392639&quot; rel=&quot;nofollow&quot;&gt;cgreene&lt;/a&gt;&lt;/strong&gt;: I don’t think they will try and argue the definition of traded player.I think they will try and argue that if the player is playing under the same contract meaning they weren’t resigned by the new team that they should get all the rights that would be afforded on that contract which would include early bird.


&lt;/blockquote&gt;]]></description>
		<content:encoded><![CDATA[<p>If the term &#8220;traded player&#8221; was defined in the 1995 CBA, but is not defined in the new agreement, that will help a great deal.  I do not know whether this is true, but if the prior definition excluded a waived player from that class defined as a traded player (which it apparently did), and has now been stricken either from the definition or that the definition of a &#8220;traded player&#8221; is stricken altogether, the arbitrator is left to ponder the intent and spirit of the provision.  This would certainly open up a door, at least a crack.  Further, if the definition were omitted, it is fair (and common) to conclude that it was omitted on purpose, as intent can be inferred/implied.  That intent could be because the distinction between a so-called &#8220;traded player&#8221; and a &#8220;waived&#8221; player is wholly without substance and the two classes of player should be afforded equal protection and treatment under the CBA.  IMO, it would be much more likely to be a F.Up by management drafters, which would accrue heavily in our favor. That would be very sweet indeed.     </p>
<blockquote cite="comment-392639">
<p><strong><a href="#comment-392639" rel="nofollow">cgreene</a></strong>: I don’t think they will try and argue the definition of traded player.I think they will try and argue that if the player is playing under the same contract meaning they weren’t resigned by the new team that they should get all the rights that would be afforded on that contract which would include early bird.</p>
</blockquote>
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		<title>By: ephus</title>
		<link>http://KnickerBlogger.Net/a-very-very-important-and-dense-primer-on-the-knicks-salary-cap/#comment-392644</link>
		<dc:creator>ephus</dc:creator>
		<pubDate>Tue, 15 May 2012 14:25:55 +0000</pubDate>
		<guid isPermaLink="false">http://KnickerBlogger.Net/?p=9877#comment-392644</guid>
		<description><![CDATA[&lt;blockquote cite=&quot;comment-392640&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-392640&quot; rel=&quot;nofollow&quot;&gt;cgreene&lt;/a&gt;&lt;/strong&gt;: A player that does not clear such as Lin is playing under his original contract and that contract in this case includes early bird rights.  That’s what the union will argue.  That is a stronger case than trying to expand the definition of Traded Player.  Maybe not strong enough&lt;/blockquote&gt;


Nope, that will not work, because the player contract does not &quot;include Early Bird rights&quot;.  Early Bird rights are not set forth in individual player contracts, they are set forth in the CBA.  The CBA (if it follows the formulation set forth in the 2005 CBA) sets a salary cap, and then provides for defined exceptions.  If you do not fit into one of those exceptions, the salary cap prevents a team from signing you.  The relevant exception here is the Early Bird exception, which is explicitly limited a player who has played at least part of the prior two seasons for the team trying utilize the Early Bird rights, unless the player changed teams &quot;by means of a trade.&quot;  So the union will argue that a player who moved based upon a waiver claim moved &quot;by means of a trade&quot; because just like in a trade, the player had no control over which team he would play for.  

I hope that the arbitrator buys the argument, because I would love for the Knicks to have Early Bird rights to Lin and Novak.  I just doubt that it will happen.]]></description>
		<content:encoded><![CDATA[<blockquote cite="comment-392640">
<p><strong><a href="#comment-392640" rel="nofollow">cgreene</a></strong>: A player that does not clear such as Lin is playing under his original contract and that contract in this case includes early bird rights.  That’s what the union will argue.  That is a stronger case than trying to expand the definition of Traded Player.  Maybe not strong enough</p></blockquote>
<p>Nope, that will not work, because the player contract does not &#8220;include Early Bird rights&#8221;.  Early Bird rights are not set forth in individual player contracts, they are set forth in the CBA.  The CBA (if it follows the formulation set forth in the 2005 CBA) sets a salary cap, and then provides for defined exceptions.  If you do not fit into one of those exceptions, the salary cap prevents a team from signing you.  The relevant exception here is the Early Bird exception, which is explicitly limited a player who has played at least part of the prior two seasons for the team trying utilize the Early Bird rights, unless the player changed teams &#8220;by means of a trade.&#8221;  So the union will argue that a player who moved based upon a waiver claim moved &#8220;by means of a trade&#8221; because just like in a trade, the player had no control over which team he would play for.  </p>
<p>I hope that the arbitrator buys the argument, because I would love for the Knicks to have Early Bird rights to Lin and Novak.  I just doubt that it will happen.</p>
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		<title>By: ephus</title>
		<link>http://KnickerBlogger.Net/a-very-very-important-and-dense-primer-on-the-knicks-salary-cap/#comment-392643</link>
		<dc:creator>ephus</dc:creator>
		<pubDate>Tue, 15 May 2012 14:19:27 +0000</pubDate>
		<guid isPermaLink="false">http://KnickerBlogger.Net/?p=9877#comment-392643</guid>
		<description><![CDATA[&lt;blockquote cite=&quot;comment-392641&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-392641&quot; rel=&quot;nofollow&quot;&gt;Jafa&lt;/a&gt;&lt;/strong&gt;: T.J. Ford&lt;/blockquote&gt;

Retired based upon the injury sustained during the game against the Knicks.]]></description>
		<content:encoded><![CDATA[<blockquote cite="comment-392641">
<p><strong><a href="#comment-392641" rel="nofollow">Jafa</a></strong>: T.J. Ford</p></blockquote>
<p>Retired based upon the injury sustained during the game against the Knicks.</p>
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		<title>By: Jafa</title>
		<link>http://KnickerBlogger.Net/a-very-very-important-and-dense-primer-on-the-knicks-salary-cap/#comment-392641</link>
		<dc:creator>Jafa</dc:creator>
		<pubDate>Tue, 15 May 2012 14:13:12 +0000</pubDate>
		<guid isPermaLink="false">http://KnickerBlogger.Net/?p=9877#comment-392641</guid>
		<description><![CDATA[Possible back-up PG options @ the minimum that may be better than Bibby:

Jonny Flynn - Hopefully Portland just lets him walk.  Wouldn&#039;t he be open to coming home and trying to shape a new course for his career?
Ishmael Smith - I hope Orlando has to pay a lot of money for Jameer Nelson.  And with Duhon on the roster already, they might just let him walk.
Sundiata Gaines - hard to see the Nets fighting hard to keep him.
A.J. Price - with 2 legit PGs on their roster already, don&#039;t they let him walk?
Royal Ivey - Fisher as their veteran back-up PG makes him extinct right?
T.J. Ford
Anthony Carter
Jamaal Tinsley]]></description>
		<content:encoded><![CDATA[<p>Possible back-up PG options @ the minimum that may be better than Bibby:</p>
<p>Jonny Flynn &#8211; Hopefully Portland just lets him walk.  Wouldn&#8217;t he be open to coming home and trying to shape a new course for his career?<br />
Ishmael Smith &#8211; I hope Orlando has to pay a lot of money for Jameer Nelson.  And with Duhon on the roster already, they might just let him walk.<br />
Sundiata Gaines &#8211; hard to see the Nets fighting hard to keep him.<br />
A.J. Price &#8211; with 2 legit PGs on their roster already, don&#8217;t they let him walk?<br />
Royal Ivey &#8211; Fisher as their veteran back-up PG makes him extinct right?<br />
T.J. Ford<br />
Anthony Carter<br />
Jamaal Tinsley</p>
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		<title>By: cgreene</title>
		<link>http://KnickerBlogger.Net/a-very-very-important-and-dense-primer-on-the-knicks-salary-cap/#comment-392640</link>
		<dc:creator>cgreene</dc:creator>
		<pubDate>Tue, 15 May 2012 14:07:58 +0000</pubDate>
		<guid isPermaLink="false">http://KnickerBlogger.Net/?p=9877#comment-392640</guid>
		<description><![CDATA[&lt;blockquote cite=&quot;comment-392639&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-392639&quot; rel=&quot;nofollow&quot;&gt;cgreene&lt;/a&gt;&lt;/strong&gt;: I don’t think they will try and argue the definition of traded player.I think they will try and argue that if the player is playing under the same contract meaning they weren’t resigned by the new team that they should get all the rights that would be afforded on that contract which would include early bird.


&lt;/blockquote&gt;
Just to add to that there is a difference for when a player clears waivers and is unclaimed.  That player is an FA and has to sign a new contract.  A player that does not clear such as Lin is playing under his original contract and that contract in this case includes early bird rights.  That&#039;s what the union will argue.  That is a stronger case than trying to expand the definition of Traded Player.  Maybe not strong enough...]]></description>
		<content:encoded><![CDATA[<blockquote cite="comment-392639">
<p><strong><a href="#comment-392639" rel="nofollow">cgreene</a></strong>: I don’t think they will try and argue the definition of traded player.I think they will try and argue that if the player is playing under the same contract meaning they weren’t resigned by the new team that they should get all the rights that would be afforded on that contract which would include early bird.</p>
</blockquote>
<p>Just to add to that there is a difference for when a player clears waivers and is unclaimed.  That player is an FA and has to sign a new contract.  A player that does not clear such as Lin is playing under his original contract and that contract in this case includes early bird rights.  That&#8217;s what the union will argue.  That is a stronger case than trying to expand the definition of Traded Player.  Maybe not strong enough&#8230;</p>
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		<title>By: cgreene</title>
		<link>http://KnickerBlogger.Net/a-very-very-important-and-dense-primer-on-the-knicks-salary-cap/#comment-392639</link>
		<dc:creator>cgreene</dc:creator>
		<pubDate>Tue, 15 May 2012 14:05:08 +0000</pubDate>
		<guid isPermaLink="false">http://KnickerBlogger.Net/?p=9877#comment-392639</guid>
		<description><![CDATA[&lt;blockquote cite=&quot;comment-392636&quot;&gt;

&lt;strong&gt;&lt;a href=&quot;#comment-392636&quot; rel=&quot;nofollow&quot;&gt;ephus&lt;/a&gt;&lt;/strong&gt;: 
The 2011 CBA is not online, but the 2005 CBA does not include an explicit definition of “trade.”There is the definition of “Traded Player”, which is quoted in @12, which excludes players who move on waivers.In order to qualify for Early Bird rights, a player must have played for his Prior Team (the team trying to exercise Early Bird rights) for two years, or have changed teams “by means of a trade.”The NBPA is going to argue that changing teams by means of a waiver claim is changing teams “by means of a trade”, but the problem is that such a player is excluded from the definition of Traded Player.


In short, I do not think this clever argument will carry the day.


&lt;/blockquote&gt;
I don&#039;t think they will try and argue the definition of traded player.  I think they will try and argue that if the player is playing under the same contract meaning they weren&#039;t resigned by the new team that they should get all the rights that would be afforded on that contract which would include early bird.]]></description>
		<content:encoded><![CDATA[<blockquote cite="comment-392636">
<p><strong><a href="#comment-392636" rel="nofollow">ephus</a></strong>:<br />
The 2011 CBA is not online, but the 2005 CBA does not include an explicit definition of “trade.”There is the definition of “Traded Player”, which is quoted in @12, which excludes players who move on waivers.In order to qualify for Early Bird rights, a player must have played for his Prior Team (the team trying to exercise Early Bird rights) for two years, or have changed teams “by means of a trade.”The NBPA is going to argue that changing teams by means of a waiver claim is changing teams “by means of a trade”, but the problem is that such a player is excluded from the definition of Traded Player.</p>
<p>In short, I do not think this clever argument will carry the day.</p>
</blockquote>
<p>I don&#8217;t think they will try and argue the definition of traded player.  I think they will try and argue that if the player is playing under the same contract meaning they weren&#8217;t resigned by the new team that they should get all the rights that would be afforded on that contract which would include early bird.</p>
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		<title>By: Jafa</title>
		<link>http://KnickerBlogger.Net/a-very-very-important-and-dense-primer-on-the-knicks-salary-cap/#comment-392638</link>
		<dc:creator>Jafa</dc:creator>
		<pubDate>Tue, 15 May 2012 14:01:27 +0000</pubDate>
		<guid isPermaLink="false">http://KnickerBlogger.Net/?p=9877#comment-392638</guid>
		<description><![CDATA[@49,

Totally agree Frank.  That challenge by the union has about as many legs as a snake.  As for your proposed lineup for next year, a couple of questions:

Is Jeffries the best we can do in terms of big man off the bench help @ the minimum?  

Won&#039;t there be a bigger market for JR (at least someones MLE)?

Is Bibby the best we can do for back up PG help?]]></description>
		<content:encoded><![CDATA[<p>@49,</p>
<p>Totally agree Frank.  That challenge by the union has about as many legs as a snake.  As for your proposed lineup for next year, a couple of questions:</p>
<p>Is Jeffries the best we can do in terms of big man off the bench help @ the minimum?  </p>
<p>Won&#8217;t there be a bigger market for JR (at least someones MLE)?</p>
<p>Is Bibby the best we can do for back up PG help?</p>
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		<title>By: Jafa</title>
		<link>http://KnickerBlogger.Net/a-very-very-important-and-dense-primer-on-the-knicks-salary-cap/#comment-392637</link>
		<dc:creator>Jafa</dc:creator>
		<pubDate>Tue, 15 May 2012 13:49:34 +0000</pubDate>
		<guid isPermaLink="false">http://KnickerBlogger.Net/?p=9877#comment-392637</guid>
		<description><![CDATA[Jeremy Lin named to the US Select Team:

http://www.csnbayarea.com/basketball-golden-state-warriors/warriors-talk/Source-Irving-Lin-make-USA-Select-?blockID=707604&amp;feedID=5986

Another thing for his agent to bring up in contract negotiaitons.  We are definately not getting this guy to resign for a starting salary less than $5M.]]></description>
		<content:encoded><![CDATA[<p>Jeremy Lin named to the US Select Team:</p>
<p><a href="http://www.csnbayarea.com/basketball-golden-state-warriors/warriors-talk/Source-Irving-Lin-make-USA-Select-?blockID=707604&#038;feedID=5986" rel="nofollow">http://www.csnbayarea.com/basketball-golden-state-warriors/warriors-talk/Source-Irving-Lin-make-USA-Select-?blockID=707604&#038;feedID=5986</a></p>
<p>Another thing for his agent to bring up in contract negotiaitons.  We are definately not getting this guy to resign for a starting salary less than $5M.</p>
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		<title>By: ephus</title>
		<link>http://KnickerBlogger.Net/a-very-very-important-and-dense-primer-on-the-knicks-salary-cap/#comment-392636</link>
		<dc:creator>ephus</dc:creator>
		<pubDate>Tue, 15 May 2012 13:40:45 +0000</pubDate>
		<guid isPermaLink="false">http://KnickerBlogger.Net/?p=9877#comment-392636</guid>
		<description><![CDATA[The 2011 CBA is not online, but the 2005 CBA does not include an explicit definition of &quot;trade.&quot;  There is the definition of &quot;Traded Player&quot;, which is quoted in @12, which excludes players who move on waivers.  In order to qualify for Early Bird rights, a player must have played for his Prior Team (the team trying to exercise Early Bird rights) for two years, or have changed teams &quot;by means of a trade.&quot;  The NBPA is going to argue that changing teams by means of a waiver claim is changing teams &quot;by means of a trade&quot;, but the problem is that such a player is excluded from the definition of Traded Player.

In short, I do not think this clever argument will carry the day.]]></description>
		<content:encoded><![CDATA[<p>The 2011 CBA is not online, but the 2005 CBA does not include an explicit definition of &#8220;trade.&#8221;  There is the definition of &#8220;Traded Player&#8221;, which is quoted in @12, which excludes players who move on waivers.  In order to qualify for Early Bird rights, a player must have played for his Prior Team (the team trying to exercise Early Bird rights) for two years, or have changed teams &#8220;by means of a trade.&#8221;  The NBPA is going to argue that changing teams by means of a waiver claim is changing teams &#8220;by means of a trade&#8221;, but the problem is that such a player is excluded from the definition of Traded Player.</p>
<p>In short, I do not think this clever argument will carry the day.</p>
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