In the San Francisco Chronicle, Matthew Stannard reports Barry Bonds plans to sue over the book which alleges Bonds used steroids, "Game of Shadows."
According to Stannard, Bonds' attorney plans to use California's Unfair Competition Law, Business and Professions Code section 17200, to prevent the books authors publishers from profiting from the book.
Robert Fellmeth, director of the Center for Public Interest Law at the University of San Diego, said "The theory is if one person is able to market something by committing an unlawful act, that puts others who act lawfully at an unfair disadvantage."
The illegal act is the authors' use of leaked grand jury transcripts relating to the Bonds case. Bonds' lawyer claims use of leaked grand jury transcripts violated federal law.
In addition to a First Amendment defense, Fellmeth said that Bonds' suit must establish a firm link between an illegal act and the commercial enterprise the book represents:
"His biggest problem is, I don't think it's the transcripts that are key to these guys' information," he said. "I think they got their information ... from all these people who spilled their guts because they don't like Barry Bonds."
Sadly, there is no indication that Bonds will sue for libel. One is left to wonder whether this is because the allegations of steroid use are true.
UPDATE: Bloomberg reports Bonds' attorneys, sent a letter to U.S. District Judge Susan Illston, saying two journalists for the San Francisco Chronicle illegally obtained grand jury information and should be blocked from profiting from the book, "Game of Shadows."
In other baseball steroid news, Mark Grace said in an interview he is certain Sammy Sosa used steroids and that he was asked (by whom he doesn't say) to use steroids but he declined.
http://www.suntimes.com/output/cubs/cst-spt-sosa24.html
Posted by: c | Friday, March 24, 2006 at 06:33 PM