Mark Cuban Wants What's Said on Twitter to Stay on Twitter

For the purpose of this post, I'm going to reference several messages (sorry, but I hate saying "tweets") on Twitter. That's probably going to annoy Mark Cuban, but there's not much I can do about that.

Soon after the Mavericks/Nuggets game on Friday, Cuban publicly complained about the officiating. As far as the NBA is concerned, the fact that he did so on Twitter is irrelevant -- public criticism is public criticism, whether it's comments made in front of a reporter's microphone, a lengthy rant on his personal blog or anger distilled into 140 characters or less on Twitter. As such, it was hardly a surprise when the league levied a $25,000 fine.

After revealing the fine (with yet another post on Twitter, appropriately enough), Cuban posed a question on his personal blog as to whether news outlets had the right to republish his initial complaints. From Blog Maverick:

I got to thinking about this when I tweeted about an NBA game. I tweeted to the people who follow me. While I never asked that they not distribute it to other tweeters, i did not give anyone permission to republish my tweets in a commercial newspaper, magazine or website.

So when an ESPN.com or any other outlet republishes a tweet, have they violated copyright law ?

Is twittering the process of publishing in 140 characters or less, or is it a private communications to those that follow you ? Even if you dont block outsiders from seeing it ? [...] If a newspaper or website wants to publish your status update, do they need permission first

In response to that last question, I shot back a response via Twitter:

@mcuban you might have a case if your account was set to private, but it's not ...

For those not familiar, any message posted to Twitter is accessible to the world unless you manually set your account to private, in which case you can selectively grant access to specific followers. Because Cuban's account is public, you can visit his Twitter page in any web browser or subscribe to his updates using any RSS reader.

Of course, you also have the option of "following" him if you also have a Twitter account, but the point is that any public account is accessible by anyone with an internet connection, not just those signed up for the service and counted as "followers."

After seeing my response, Cuban replied,

@NBAFanHouse not true at all. Just because i want to max out audience doesnt mean you can use it.From from me isnt free to u to publish

Ignoring the bad grammar (which is not only Cuban's trademark but also a by-product of the 140-character constraint imposed by Twitter) and confusing final sentence, it's clear Cuban didn't agree. Twitter user RedsArmy saw Cuban's response and chimed in:

@mcuban I'm with @NBAFanHouse when you make a statement on Twitter and its public, it's the same as talking in public. you're being quoted

... to which Cuban replied:

@RedsArmy Since when did any tweet become public ? Its for followers/subscribers

Again, as I explained above, this is simply not true. In response to Cuban's reply to RedArmy, I chimed in:

@mcuban That's like saying anything written on a blog is only intended to be read by RSS subscribers. Obviously that's not the case.

Asynchronous conversations are hard to follow, so this may be a little confusing to digest. But what also makes this complicated is that Cuban opened two separate can of worms disguised as one: he starts by asking about copyright but follows up with questions about privacy.

If Cuban complained about the officiating in a private email that somehow landed in the hands of a reporter, he might be able to argue that his copyright and privacy have been invaded. (Or not; I'm not a lawyer, I'm just trying to make an example. But ignoring the legal/ethical ramifications, my point is that he could justifiable feel "wronged," whatever that's worth.)

Mark Cuban

But announcing his complaints to the world and then complaining that the world listened? That just doesn't make sense. Whether the NBA is justified or not in their decision to fine owners, coaches and players for public comments about referees is another matter (personally, I find it draconian and think the league would be better served allowing outspoken personalities like Cuban to speak their mind), but by and large, the league is consistent about punishing those who complain in a public forum.

Getting back to the issue of copyright, yes, Cuban does own the copyright to messages posted to Twitter -- it says so in Twitter's Terms of Service:

1. We claim no intellectual property rights over the material you provide to the Twitter service. Your profile and materials uploaded remain yours. You can remove your profile at any time by deleting your account. This will also remove any text and images you have stored in the system.

2. We encourage users to contribute their creations to the public domain or consider progressive licensing terms.

But even so, owning the copyright on something certainly doesn't prevent any news outlet from acknowledging its existence or content -- that's about as cut-and-dry as it comes in regards to arguments of "fair use." With that in mind, Cuban should probably get used to the fact that anything he says or writes in any public medium will likely be reported, especially if it's remotely controversial.

I suspect he already knows this, just as I suspect he already knew the answers to the questions he posed on his blog. When you're the most visible (and accessible) owner in professional sports, it's probably fun to play with the media and blogosphere like it's one giant Rube Goldberg machine -- an off-the-cuff comment here or there can set off a chain reaction that takes days before completing. But still, I hope this post enlightened readers as much as I'm sure it amuses Cuban.

Update: For what it's worth, I pinged Cuban to get his thoughts on the post:

@mcuban Any thoughts on this? http://bit.ly/d0Np6 Especially curious how close to the truth my final conclusion was ...

... and he responded:

@NBAFanHouse not close. I like to create discussion. makes things interesting

Cubans Controversies

Mavericks owner Mark Cuban took a shot at NBA referees via his Twitter page on Friday night, saying "how do they not call a [technical foul] on J.R. Smith for coming off the bench to taunt our player on the ground?" Click through to see more notorious highlights from Cuban's past in the sports world.

Garrett W. Ellwood, NBAE / Getty Images

In November 2008, the outspoken billionaire was accused of insider trading concerning the sale of 600,000 shares of Mamma.com. The SEC's lawsuit sought an injunction against future violations, an unspecified civil penalty and restitution of the losses Cuban allegedly avoided.

David Zalubowski, AP

Cuban, who became a billionaire by selling his company, Broadcast.com, to Yahoo! in 1999, purchased the Dallas Mavericks in 2000 for $285 million from H. Ross Perot Jr. The Mavericks were a floundering NBA franchise, with a small following and struggles on the court.

Paul Buck, AFP / Getty Images

Cuban became a very hands-on and accessible owner, spending his time on the court rather than up in the owner's box and running his own blog.

Ronald Martinez, Getty Images

Cuban's rise to ownership is considered the ultimate fan fantasy successfully coming true. He is an unapologetic fan not afraid to celebrate or scream at officials or players.

Roy Dabner, AP

However, because of his gregarious nature, Cuban has had his share of spats with NBA commissioner David Stern. The league has fined the owner more than $1.6 million for various comments and actions.

Bill Janscha, AP

After saying "I wouldn't hire him to manage a Dairy Queen" about the NBA's head of officiating in 2002, the company challenged Cuban to work in one of its stores for a day. Cuban accepted, and served frozen treats at a Texas location.

LM Otero, AP

Even Cuban's ex-players aren't spared his wrath. After former Maverick Michael Finley returned to Dallas in the 2005-06 season, the owner encouraged fans to shower him with boos.

Douglas C. Pizac, AP

One of his own players thought Cuban should take a lesser role one the sideline. Saying it was a "bit much" for him to be next to the bench, Mavs star Dirk Nowitzki said "he's got to learn how to control himself as well as the players do."

J. Pat Carter, AP

Cuban's biggest fine came after the 2006 NBA Finals. He was fined $250,000 for various transgressions during Game 5 as the Mavericks fell behind in a series they led 2-0 and eventually lost to Miami.

Stephen Dunn, Getty Images

Reader Comments (Page 1 of 1)

3-30-2009 @ 6:45PM

Welcome Don said...

Mark Kuban appears to be just as stupid as he continues to demonstrate.

3-30-2009 @ 7:21PM

lbeptx said...

hmmm...stupid enough to build a successful business and become a billionaire

3-30-2009 @ 9:26PM

John said...

Who is Mark Kuban?

3-31-2009 @ 12:46AM

Nick said...

@Ibeptx, that's just it... it's hard to believe this guy is a billionaire.

3-30-2009 @ 7:41PM

OrangeChuckE said...

I think if you put something on Twitter or Facebook for people to see, you are opening yourself to having it brought to the public eye. I do however feel that the NBA fining him for being disappointed in a call is ridiculous. God forbid someone not think everything the NBA is perfection and voice a complaint. I could understand if his tweet was something like cussing out David Stern or calling the league boring and telling people to turn the channels but he simply questioned a non-call. I also think Twitter and other networks are a great way to communicate with fans and other people and the more they hark on this, the less likely the fan will have to interactand lose interest.

3-31-2009 @ 12:44AM

It is hard to believe that this is the owner of a sports franchise. Mark Cuban, sit in the owners box and shut up like a good owner. please?

3-31-2009 @ 3:05AM

Khurram said...

Excellent post!! Twitter is like a breath of fresh air on the Social Media scene. I have been on it for just a few weeks now and I have met several interesting people. It is a platform to network with people you would like to meet in real life. Check me out!!

http://twitter.com/spryka

3-31-2009 @ 6:23AM

fedsdirty said...

If you cheated by having inside trade secrets maybe you can be this successful. But this definitely leaves out the Greatness this punk will never achieve.

3-31-2009 @ 1:34PM

Mike said...

I'd really like to know where the NBA gets off fining anyone for anything they say? Since when does the National Basketball Association have the right to censure people? The last time I checked this was the United States of America and you are guarenteed the right to free speech. This is another example of some entity thinking they are above the law. Is it really any wonder that the athletes that play these games are always in trouble? Might be because they think they are above the law as well because of the example set by the leagues. I find it very disconcerning that no one has taken these clowns to court for them disregarding the right to free speech. I don't like Mark Cuban but he has the money and the gas to do just that! Why don't you get off your behind and take them on Mark?

3-31-2009 @ 2:28PM

kariwaddell said...

This has nothing to do with free speech. You can't publically disgrace your boss and not be reprimanded. The refereeing sux for sure and has been so disappointing the last several years. Still, Stern isn't saying you have to like or agree with every call...you just can't publically bash it. Take it up with them,coaches or in this case, owners.
Cuban did this for attention and headlines. EVERYBODY who follows basketball knows that...

3-31-2009 @ 2:39PM

Giles said...

I don`t much blame Cuban for wanting to have his chocolate cake and eat it, too. We all want things we can`t have even front men for billionaires, or the billionaires themselves. I think it is clear Cuban chose to max out audience by choosing to make his comments public domain, and what he likes less than others profiting from giving him free publicity is the priciple, more than the cash, involved in the fine, the feeling he got himself caught. I think he meant "free from" though he typed "from from", just a typo, lack of proofreading. What he more needs to concern himself with might be trying to buy Maverick records and filmworks, and/or trying to sign a better co-post man to work with Noewitzaki, if he keeps him. And the Mavs are one of many nba teams to stupid to sign a quality retired 7 footer as an assistant coach, someone Dirk has needed his whole career. Even Shaq, now 5th all time in scoring, produced his best FT% ever, got healthier, and upped his scoring, rebounding, etc., when he got a champion center, Bill Cartwright, as an assistant coach. Big athletes relate better, and learn better, with big coaches, and big guys tend to be the max salary, max producer, max draw athletes in the nba. (Shame I`m only a Calvin Murphy sized no talent, yet making the argument for big guys being undervalued, when I need the money more than they do. Honest/nice guys finish last. Deservingly?) Glad for y`all, way up north in Texas, Ryan Hollins has played a bit less badly as a kid for the Mavs of late, maybe he`ll be co-post next year? Many teams don`t, and shouldn`t, have a 1/2/2 team, center, forwards, guards, many have a 2/2/1 team, posts, wings, pressure point. Though some, maybe the better ones, have a power point instead of one of the wings, like Dallas does. All-star ballot should be changed to reflect that, especially, at the moment, with the Spurs fibbing Duncan is a forward when he is a center, by current ballot terms.

3-31-2009 @ 4:12PM

ekunkleman said...

Whoever doesn't like Marc Cuban MEANING YOU REFEREES... It's because you are jealous because HE IS A BILLIONAIRE and you are not. Come on...
It is so FREAKIN OBVIOUS THAT THE REF'S ALWAYS MAKE THE MAJORITY OF BAD CALLS TO GO AGAINST THE DALLAS MAVERICKS!!! give me a break. IF YOU DON'T SEE THAT THEN YOU OBVIOUSLY DON'T KNOW THE GAME.

4-02-2009 @ 4:26PM

Michael gifford said...

Cuban is a big boy and doesn't need defending. However, regardless of how he WANTS it to be, twitter, as stated is PUBLIC unless you designate it PRIVATE to either not know that, or to want it to be different is like arguing that rain is wet but you don't want it to be...and Cuban, I'm sure knows it...he's too tech savvy not to be totally conscious of everything he does...even if it means getting fined, which he cares nothing about. As for Mavs fans claiming refs single them out for bad calls? Yup...that's how the Mavs won 67 games a couple of years ago...because they kept getting bad calls against them...IN A BIZARRO WORLD!...

4-02-2009 @ 4:29PM

as for people who think that not liking Cuban is about not having his billions? well, let's see...his billions haven't been able to BUY him and his team a ring...so, I'm guessing people would rather be Jerry Buss, or the owner of the Celtics, Spurs or even the Heat...someone whose team has actually won something...other than the yippee yahoo we got 67 wins and got blown off the court by our former coach's #8 team...

4-06-2009 @ 10:06AM

hi jim said...

i'm not much of a basketball fan, however, being from fort worth, i do respect the mavericks. Mark Cuban has brought "game" to Dallas. He may not be the brightest to some peoples view, but he has made several points about the bad officiating that other owners and coaches are to coward to speak up about. Go Mark.