From Swimming World:
SANTA ANA, California, March 1. WHILE the court case brought by TYR against Speedo, USA Swimming and Mark Schubert was to have been heard beginning next month, Judge James V. Selna tentatively decided to make his ruling a month early.
In a tentative ruling acquired by Swimming World heading into a hearing this afternoon, Judge Selna intends on ruling completely in favor of Speedo, USA Swimming and Schubert with summary judgments against TYR. A summary judgment means that a determination has been made by a judge that the case does not have merit to even reach a full trial.
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I am astonished at the power corporations such as Speedo can wield. It is now official: a corporation can summarily sponsor a National Governing Body (NGB) that is set up and recognized by the United States government, sponsor the national team coach who is legally allowed to pimp the corporations products, all the while using the non-profit NGB as it's marketing arm and United States flag as it's icon.
Don't they have a definition for that? Banana Republic comes to mind. With corporations now free to buy NGBs, donate as much as they want to political campaigns, it has become apparent that corporations are now super citizens.
6 comments:
Another sickening setback to forward progress...!!
While I certainly can agree with you about the fact that the American justice and political system appears completely broken (or, even worse, corrupted) I don't think this particular case is the best example of the rot which has set in.
In fairness to USA Swimming and Mark Schubert it's difficult to see how TYR's allegations that Speedo, USA Swimming and Schubert "combined to engage in a campaign of falsely disparaging the products of Speedo's competitors, including TYR, for the purpose of inducing competitive swimmers to refrain from doing business with Speedo's competitors" and that it was done in an "especially insidious and deceptive manner" can be true. Certainly a conflict of interest does appear to exist, but how can TYR accuse the Defendants of "falsely disparaging the products of Speedo's competitors" when all evidence to date shows the LZ Racer was indeed faster than its competitors. So how can one fault the USA Olympic Swimming Team's national federation and coach for strongly recommending all potential team candidates adopt the new suits or risk not making the team? If Schubert had failed to do so despite having knowledge of the new suits competitive advantages wouldn't he be negligent in his duties?
I agree that the preexisting economic ties between Speedo and USA Swimming et al appear damning. But ultimately it comes down to the fact that their statements have been proven to be true; and, as of today, our justice system hasn't declined to the level where it could rule a company telling the truth about its product is sufficient cause to pay damages to its competitors.
Though the fat lady is singing the last note, I may have more info later.
Good. I'll be looking for it. I, of course, despise Speedo for a different reason. ;)
Dara Torres?
Sigh, my position on Dara Torres is so misunderstood. Personally I have nothing against her despite the fact I'm convinced she's cheating, just as I wouldn't immediately dislike somebody who makes their living breaking into homes. Unless, of course, it's my home being burgled; and in Dara Torres' case I'm not one of the very elite group of female swimmers she's stolen from. My complaint is that with money and expert medical advice she's shown it's possible to 'openly' cheat (a 41 year old woman just falling short of Olympic gold by the narrowest of margins after only two years training) and still get away with it. To me her success means elite women will (or has already) be forced back into doping to remain competitive. That's why I was so cynical when it came to her performances.
No, the real reason why I detest Speedo is because with the LZ Racer they deliberately crossed the accepted line on swimsuit innovation and thus brought about the speed suit fiasco. Just another case where profits always outweigh ethics in this increasingly disappointing world.
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