The MLB Lawsuit Against Upper Deck Takes A Turn

All joking aside, April 19th is going to be a tense day around the hobby. On that day, I probably wont be paying attention to hobby news due to my wife's pending delivery, but that wont stop MLB and UD from going to court to settle the lawsuit filed over Ultimate Collection and other products. According to SCD's review of the UD court documents, Upper Deck will be arguing their case to get the lawsuit thrown out based on a number of interesting arguments. However, that isnt the most important thing.

In a twist, Upper Deck requested that the ruling and damages phase be separate, much to MLB's chagrin. What this will usually account for is time for the company to seek bankruptcy protection if the ruling is against them, or just going out of business altogether to prevent easy collection of any money. If UD is deemed to be in violation, its pretty much over for them, bottom line. With the Konami lawsuit and the possible damages from this suit, there will be too much money to account for without someone else buying the company and doing a Panini style takeover. In addition, UD has planned a huge UDA sale for that time, which only signifies more of the same.

Although I do think that UD has some compelling arguments to avoid a huge suit, im not sure why they took the risk with the products. Its just a bad idea to put yourself in that kind of situation, especially after the big hit from Konami. Granted, im sure most of the cards were already produced by the time the Konami lawsuit was filed, but that still means you need to take heed of warnings before throwing caution to the wind.

Also, im not sure why is MLBP taking the argument of "No one can tell the difference between licensed and unlicensed." No one is that fucking stupid! We all know about UD's lack of a license, even people who are just casual collectors! Know why I know that? Because it says it three times every pack and box we open! Im actually pretty glad someone at MLBP thought this was a good way to go, because it leaves the door open for a nasty comeback.

Im sure that this is going to be a landmark case in the hobby, regardless of outcome. If it goes one way, airbrushing logos is done. If it goes another way, UD is gone. I think everyone in the hobby would like to see airbrushing go the way of the dodo, but there is also a growing contingent of people who want to see the other outcome now as well. Although I agree that the shady ways of the top UD brass are reprehensible, I dont think its a good idea to chop off an arm of an already struggling industry. Regardless of how you feel about the past of UD's business ethics, having one less choice around will not be a good idea. Trust me on that and take a look at Triple Threads one more time to see if thats what you want to buy from now on. *SHUDDER*

I will say that the hobby will outlive the industry by decades, but I dont think its a good idea to expedite the process. Considering that many of the people in the industry are still trying to recapture the youth of days gone past, despite evidence that kids have moved on, I think we are in trouble for the future.