KABOOM! I Never Thought We’d See a U.S. President (Or Senator, or Governor, or Judge) Stoop To This…

Do I really have to explain what’s unethical about this?

I hope not.

It’s something special, all right. Talk about shattering “norms.” Also good taste, the respect for the office, the line between celebrity and public service, and… well, you fill in the rest.

I’ll be in my bathroom, throwing up.

BREAKING: Ethics Alarms Galore in New Lawsuit: Is The NFL Colluding Against Its Most Passionate Fans?

It sure looks like it.

The mainstream media is terrible at covering lawsuits, and this one is no exception. Attention should be paid, however. The allegations are serious, and particularly ominous for professional sports, which are all in a perilous state right now thanks to their greedy negligence allowing gambling to taint their credibility. The law suit, which has mountains of evidence to support it, alleges a conspiracy among Fanatics Inc., the National Football League and TikTok “to monopolize the sports memorabilia market, suppress competition, and destroy small business sellers.” The specific allegations are:

  1. Violation of Sherman Act §1 (Conspiracy in Restraint of Trade) 
  2. Violation of Sherman Act §2 (Monopolization / Attempted Monopolization) 
  3. Violation of Clayton Act §3 (Exclusive Dealing) 
  4. Violation of California Cartwright Act 
  5. Violation of California Unfair Competition Law (Bus. & Prof. Code §17200) 
  6. Tortious Interference with Contractual Relations 
  7. Tortious Interference with Prospective Economic Advantage 
  8. False Advertising and Unfair Competition (Lanham Act §43(a)) 
  9. Common Law Unfair Competition 
  10. Breach of Covenant of Good Faith & Fair Dealing 

The victims of the conspiracy are passionate NFL fans, collectors, and families who began lucrative businesss selling NFL souvenir items only to be threatened and blocked, costing them dearly.

If you aren’t a sports memorabilia collector, you may be unaware of the extent to which a company called Fanatics dominates the business. One reason for this is that the part of the memorabilia business at issue exploded in activity and profits fairly recently. During the stupid pandemic lockdown, small business entrepreneurs calling themselves “breakers” devised a new approach to sports memorabilia and collectables marketing by livestreaming so-called “box breaks” on TikTok, eBay and other platforms. The result was billions in secondary-market sales and thousands of everyday Americans profiting while retired professional athletes had income from participating in autograph signings and memorabilia events. 

All was well, and everyone profited, until 2021, when Fanatics, backed by equity funding from Silver Lake Technology Management and with the cooperation of the NFL and other sports leagues, decided to monopolize the collectibles and memorabilia industry. Fanatics acquired exclusive licensing rights from the major sports leagues and players’ associations, purchased the iconic trading card manufacturer Topps, and launched new brands such as Under Wraps. The scheme was to take the autograph and memorabilia markets away from independent dealers and breakers, fixing the profits while freezing the small business memorabilia traders out.

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And Now…Here Comes A.I. Derangement Syndrome!

Coca-Cola’s AI ad just ruined Christmas… again” rages tech blog CB (Creative Bloq) Wow. A Coca-Cola by-the-numbers holiday ad lasting a bit more than 60 seconds ruined Christmas just like the Grinch or Mr. Potter. How is that possible?

It isn’t, but apparently the new tool of artificial intelligence which can create things like the Coke ad faster and cheaper than CGI has some folks losing their jingle bells. What’s going on here?

This: the Marxists and progressives on social media and elsewhere are upset because AI puts actors out of work, or soon will. Of course, except for Santa, there are no humans in the ad to be put out of work, but the critics on X and elsewhere aren’t fooled. Coke used cute animals, see, so people would be fooled into thinking that AI wasn’t taking away human jobs. “Firstly, can you really put aside the issues of AI generated creative displacing artists simply by using animals instead of humans?,” Fergus McCallum, CEO at TBWA\MCR wonders. “Even if you can, there’s no getting away from the lack of joy and authenticity. As audiences start to turn away from the AI slop being served to them on a daily basis, Coca-Cola are in danger of becoming inauthentic too. Whatever happened to ‘I’d like to teach the world to sing’?!”

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Ethical Motive, Stupid Idea: The 6 pound Smart Phone

There are quite a few posts on Ethics Alarms about the scourge of smart phones: mothers’ eyes glued to the screen when they should be watching the kids; dog-owners ignoring their canine companions on walks, teens interacting with the web while ignoring the world around them; narcissism-feeding selfies; intrusive assholes looking for social media fame while destroying any semblance of privacy by taking photos and videos of everyone and everything, and more.

But start-up company Matter Neuroscience has a solution! Their masterstroke is to create the most inconvenient smartphone case imaginable to make using one’s phone tiring and uncomfortable. It’s stainless steel phone case weighs 6 pounds, mote than a 16-inch MacBook Pro laptop and light dumb-bell. Two separate pieces that screw together around the phone ensure that you can’t wait to put the damn thing away unless you’re a pro arm-wrestling champ in training.

The stainless steel smartphone case won’t fit in your pocket and becomes more annoying the more you check your phone. The 6-pound smartphone case is currently in the crowdfunding stage on Kickstarter, but you can pre-order one for $210, or opt for the brass version, which is heavier and costs a $500.

I cannot imagine any adult, even one acknowledging that he or she is addicted to cell phones, buying one that is inherently inconvenient to use. Maybe, maybe, giving unwieldy phones to one’s kids will have some appeal, using the “Look, it’s this, two vans with a string, or nothing” ultimatum.

I doubt it, however. The too-heavy phone gets ethics points for good intentions, but loses them and more for incompetence.

Matter Neuroscience has a $75,000 crowdfunding goal, but has raised just $17,000.

Ethics Verdict On President Trump and the Silly Cracker Barrel Episode

Verdict: President Trump abused his position, power and influence by weighing in on a private company’s choice of logo and continuing to make declarations about it as if it is any of his business or a proper matter of concern for the President of the United States.

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Stop Making Me Defend Cracker Barrel!

Wow. Just when I thought the Left’s outrage machine had reached new levels of absurdity over an attractive white woman advertising bluejeans by using a very old play on words (Jeff Goldblum uses the same one in “Jurassic Park”),the Right’s outrage machine says “Hold my beer!”

Cracker Barrel stripped its old logo of both its barrel and its “cracker,” and all of a sudden it was Bud Light all over again. The company’s stock even crashed. How the decision could possibly be seen as some kind of kowtow to wokeness is beyond me, and should be beyond everyone who isn’t Woke Deranged.

The old logo was archaic, messy and unattractive. Okay, so the old guy sitting by the barrel looked white, but he was yellow, for heaven’s sake. This isn’t like removing Uncle Ben or Aunt Jemima, or that naughty Native American lass whose Land O’ Lakes box could be rigged to make a wallet peep show. I’d compare the Cracker Barrel change to Kentucky Fried Chicken becoming KFC, and no one freaked out over that, though, admittedly, it transpired before both conservatives and progressives had gone nuts in their distrust of each other.

The one aspect of this nothingcracker that supports the fevered conspiracy theory on the Right is the Cracker Barrel management’s deplorable past record as a pandering, cowardly, principle-free bunch of weenies.

Here is the Ethics Alarms post (from 2020) about the last time this company entered the culture wars. I still haven’t forgiven it.

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Incompetent Re-Branding of the Decade?

Amazing. Mediaite, an MSNBC cheerleader, calls this thing above as ‘surprisingly elegant.” Elegant? MS is best known as a disease, and a nasty one. If someone says, “I have MS now,” the proper result is, “I’m so sorry! What’s the prognosis?” More pandering from Mediaite: “Media rebrands usually stink. Quibi. Tronc. Syfy. The graveyard is crowded with names that sounded bold in the boardroom and ridiculous everywhere else, which is why MSNBC’s new identity as MS Now feels like such a surprise. It’s not perfect. It’s not thrilling. But it’s… smart.” Hey, everybody! It’s smart to make your new identity the common name for a dread disease! Is it possible that no one mentioned this among the dozens—hundreds?—of alleged professional marketers and image consultants involved in the process? Just to make sure I’m not imagining this, I just Googled “MS.” The result:

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Sydney Sweeney Indeed Has Great Genes and Those Freaking Out Over Her Jeans Ad Do Not

If an attractive black model or actress had made this commercial, nobody would be complaining. But because Sweeney is white and blonde, and because the American Left has lost its mind, a classic provocative blue-jeans ad (Remember Brooke Shields saying “Nothing gets between me and my Calvins”?) is being cited as proof that America is embracing Hitler’s Master Race narrative. Sure.

This warrants an Ethics Alarms “Bite Me!” if anything does.

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Why People Don’t Trust Lawyers…

A personal injury law firm whose name will remain unspoken “explains” on its website why exorbitant contingent fees are justifiable and ethical. The page says that a lawyer receiving a higher potential fee will probably do a better job representing the client than one who will receive a lesser proportion of the settlement or damages: more motivation!

This is exactly the opposite of what the ethics rules of every jurisdiction mandate. A lawyer is obligated to represent a client to the best of his or her ability regardless of the fee, including when the representation is pro bono, that is, for no fee at all. A lawyer who calibrates the effort and passion he or she puts into a case based on the size of the fee, negotiated or potential, is an unethical lawyer, an untrustworthy lawyer.

A bad lawyer.

And yet here is a law firm stating, “The more you pay us, the better job we’ll do.”

Disgusting.

But, somehow, not surprising….

Confronting My Biases, Episode 20: The Chessboard Tell

It’s been three years since I last mentioned this ethics pet peeve. I was triggered just yesterday by the commercial above, which I was inclined to favor because it includes my late father’s favorite dog breed (also one of mine), the majestic Irish Wolfhound. I have nothing new to say about the issue, but as I wrote in 2022, “If this post stops just one human being from making that stupid mistake, my life will not have been in vain after all.”

In the ad above, we twice catch glimpses of a garden chessboard, like those royalty once would use with human beings as the chess pieces. (Mel Brooks spoofs this recreation in his “History of the World, Part 1.”). I saw the ad several times before I realized the board was set up wrong. I would never buy a Range Rover Sport anyway, but if I were in the market for one, that inexcusable gaffe would ensure that I bought something else. Or took the bus.

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