NBA Files Motion to Dismiss Warner Bros Discovery Lawsuit over Small-Screen Basketball Rights

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ICARO Media Group
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24/08/2024 22h01

In a legal battle that seems poised for an intense showdown, the National Basketball Association (NBA) has responded with a strong countermove to Warner Bros Discovery's (WBD) lawsuit over small-screen basketball rights. WBD, facing a significant decline in its stock value, sought a court order to prevent Amazon from airing NBA games until the dispute is resolved. However, the NBA has swiftly moved to block this move and dissolve its long-standing partnership with WBD.

The NBA, led by Commissioner Adam Silver, has filed a motion for dismissal, which is scheduled to be argued in person at a New York state court on October 4, just weeks before the 79th NBA regular season commences. The league's argument primarily centers around WBD's alleged lack of financial capability and reach to sustain the NBA's broadcasting requirements. One key point raised by the NBA is Amazon's agreement to maintain an escrow account for timely rights fee payments, contrasting with WBD's proposal to provide syndicated letters of credit that the NBA could only access if payments are late.

WBD, which recently suffered a $9.1 billion write-down partly due to losing its long-held NBA rights, has been dealt a further blow with the NBA's assertion that the media giant lacks the necessary reach and modernization required for the 21st century. Additionally, the NBA highlights WBD's limited promotion capabilities compared to Amazon, noting the latter's successful utilization of their highly-watched NFL Thursday Night Football property.

The financial struggles faced by WBD have only intensified in recent months, with the company's stocks hitting all-time lows. Although there was a slight increase in stock value upon market closing on Friday, it provides little consolation to investors like John Malone. Since the merger of Warner Bros and Discovery under David Zaslav's leadership in April 2022, WBD's stocks have plummeted by approximately 70%.

Adding to WBD's woes is the delay of the Disney-Fox-WBD Venu sports streaming joint venture due to a court challenge initiated by FuboTV. As a result, securing NBA rights has become essential for WBD to bolster its struggling bottom line. Undeterred by the challenges, WBD remains determined to win this legal battle, regardless of the toll it may take.

The hearing for the NBA's motion to dismiss is scheduled for October 4, coinciding with the pre-season match-up between the LA Lakers and the Minnesota Timberwolves in Palm Springs. Notably, this will also be the last NBA opening night for TNT, the outlet that has traditionally broadcasted NBA games, as the league's partnership with ABC, NBC, and Amazon takes effect for the next 11 years.

In this game of legal maneuvering, the NBA is resolute in asserting its position, while WBD fights to retain the rights that it has depended on for nearly three decades. The outcome of this high-stakes legal battle will have significant implications for both parties as they vie for control in the competitive landscape of small-screen basketball broadcasting.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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