Ramirez scores victory at Donofrio MMA Event at Palace

By MARVIN GOODWIN

Amid the giant flames and sonic booms which charged up The Palace of Auburn Hills late Saturday, mixed martial arts fighters were trying to rip each others heads off in fierce caged combat.

That was what several thousand spectators — this gathering was on the right side of civility compared to traditional MMA crowds at the Palace — were seeking.

Four Impact Fight League (IFL) titles were on the line in the main events, but preliminary matches held their own on the 15-bout card.

One of those bouts featured Eric Ramirez of Waterford, who trains at the Fight Club Proving Grounds in Waterford. Ramirez put drama in his welterweight match, coming from behind in the first two rounds to score a third-round TKO over Joey Rogers of Saginaw.

Ramirez was getting the worst of the confrontation, absorbing punches and even enduring a body slam before rallying late in the match.

“Training at the Fight Club  Proving Grounds, you take a lot of punches, it don’t matter,” said Ramirez, who finally got Rogers into position to apply the deadly arm bar which caused the referee to stop the bout. “I train in positions like that every day. It’s awesome, I feel tired, but I feel great.”

Ramirez improved his record to 7-1 as he seeks to continue his climb up the mixed martial arts ladder.

Among the main events, few matches went the distance, including a pair which ended seconds after they started, including Ryan King’s (9-4) match against Eric Madill (24-4). Madill from the Gaylord area, scored a 14-second KO to win King’s Impact Fight League (IFL) light heavyweight title.

“I hit him with an uppercut, we kind of clashed with our kicks and then I knocked him out,” said Madill, from Frederic, Mich.

As for King, if spectators had blinked, they wouldn’t have know what happened. “Neither did I,” said King, of Hazel Park, who had little to say after the match.

Joel Vincent became the new IFL flyweight champ with a victory over Pat Hook by guillotine choke hold. The end came at 51 seconds of the first round.

“Hey Detroit, did you like that?” asked a giddy Vincent, who gave promoter Joe Donofrio a plug while entertaining the crowed with his postfight observances. “Actually I was expecting a five-round fight. I just beat the No. 2 guy in the state. What does that make me, No. 2? I like this belt. I can’t wait to come back.”

Zack Burns (10-1), also from the Gaylord area, used an arm bar for a submission victory over Tom Grisham of Belleville in the welterweight division. “Thanks, Tom Grisham for fighting me and challenging me,” said Burns.

In a women’s super flyweight match, Chandra Engel of Grand Rapids grabbed the IFL belt with a unanimous decision over Yolanda Gonzales of Lansing.

Ray Davis of Mount Pleasant attacked Detroit’s Andrew Johnson with rapid-fire punches in their light heavyweight match, and Rich Stafford (7-0), formerly of Hazel Park, earned a first-round TKO over Tim Jenny (9-3) of Cincinnati in their lightweight match. “I knew he was experienced and had a lot more fights,” Stafford said of Jenny. “I avoided his submission and I kept hitting him until the ref stopped it.”

Lisa Dzik of Madison Heights lost her second straight match, this time to Nikita Netjes, in a first round submission (arm bar). Allana Jones of Greenville won a unanimous decison over Emma O’Connor in a lightweight match.

Other victors included Stefanie Lara, Brandon Sanford, Augusta Tindall, Eligeh

 

Lesnar Says A Lot Of Things Need To Fall In Place For WWE Return



Although Brock Lesnar will return to the UFC in December to face Alistair Overeem, the possibility of him returning to the sports entertainment realm from which he made his name is something that is always heavily speculated upon.

Lesnar spoke with ESPN this week about his return and amongst other things, Lesnar spoke about his time spent in the WWE and talked about what it would take for him to lace the boots up again:

ESPN: Do you have any regrets about leaving WWE?

Brock Lesnar: I don't have any regrets. If I had any regrets, it would have been that I wish I enjoyed my time there a little bit better. I'm not a very good yes man, and I'm not very easily controlled.

ESPN: Do you ever think you will go back and have one last WWE match?

Brock Lesnar: I think I will. I think under the right circumstances I will. I think if Vince McMahon and I were able to sit down at the same dinner table and break some bread that we could come up with some kind of gameplan. At the end of the day, I'm an ultimate fighter. That's who I am and that's who I'll always be. I was an entertainer but at the end of the day, I'm still as real as it gets. I think a lot of things have to fall in the right places for something like that to happen.

UFC 140's Jon Jones knows the only way to Rashad Evans is through Lyoto Machida

 

Rashad Evans is still hanging over Jon Jones' head. Today during a press conference in support of UFC 140, Jones' eyes widened at UFC president Dana White's mention of Evans and a recent proclamation of having the champ's number.  

But it's Lyoto Machida (17-2 MMA, 9-2 UFC) who is next, and Jones (14-1 MMA, 8-1 UFC) said it would be unwise to take his eye off the immediate task ahead.

"I realize what I could lose in losing the fight that's in front of me now," he said of his headliner at the winter pay-per-view event, which takes place Dec. 10 at Air Canada Centre in Toronto.

Evans was targeted for the winter pay-per-view event before a hand injury he suffered at UFC 132 forced him out of the long-anticipated fight with Jones.

Jones immediately went on the attack when Evans' decision became public, but despite his physical reaction, he said he isn't bothered by the back-and-forth with his former training partner and its reflection on him. He assured reporters he will have no problem shifting focus to Machida, whose brief reign as champion began by defeating Evans more than two years ago.

"If anything, it educated me on how to become a better professional and how to deal with a little more adversity," he said. "I would prefer each fight to be a little more respectful. It is martial arts. But I'm OK with the other side of it too."

At the same time, it's clear Jones is eager to settle his business with Evans. Ironically, it was his own hand injury that sacked their first scheduled meeting at UFC 132, and Evans is now expected to take another fight when he's healed. If the two are victorious, there is nothing standing between them.

"As far as getting up for the Rashad fight, after all the drama that's gone on over the last year or so, it's a fight that I absolutely cannot lose," Jones said. "I'm actually taught to think of a fight as, 'No fight is a big fight.'

"But with Rashad, I'm really trying to teach myself, 'This is not a big fight, Jon.' But it's a huge fight to me right now. I wouldn't want to lose either one of them. So as far as getting up for fights, I'm up."

White commended Jones for adapting to the sudden shift in plans for Dec. 10. Jones reportedly pushed to fight Evans at UFC 140 – an unexpectedly quick turnaround and his fourth fight in 2011 – no more than a week after his meeting with Jackson.

"The fact that he's this young (and is) expecting his next fight to be Rashad ... and then to have to face a guy like Lyoto – he's dealing with a lot of stuff that puts a lot of pressure on normal people at a very young age, and I'm very impressed by the way he's been handling himself," White said.

Machida, who lost the title with a loss to Mauricio "Shogun" Rua at UFC 113, is one of a small group of light-heavyweights that's poised to curb Jones' air of unstoppability.

"I guarantee on Dec. 10 that I'll be very well prepared, and I can overcome his athleticism with my technique," he said through a translator.

Jones has taken criticism for the handling of his withdrawal from UFC 133 and a perceived arrogance in his quick rise to the top, but he said he's learning to deal with his current role.

"There's not really negatives that come along with a dream coming true, so it's just awesome, really," he said. "The only negative thing that has happened is I need to be more careful with the words that I say because of the way I get scrutinized for any little thing that happens. So that's what I'm learning to deal with and handle even better in the future.

"Outside of that, I'm a pretty happy guy."

Undoubtedly, though, he'll be much happier when Evans is no longer a fixture of his press conferences.

 

DANA WHITE FIRES PAUL DALEY

 

http://youtu.be/MOBGJyH9HDg

 

Law enforcement officials highlight district’s work in combating mortgage fraud in U.S.

XCC CAGEFIGHT OWNER CAUGHT UP IN FRAUD CASE

By DAVE PHILLIPS
Of The Oakland Press

Photo of Matthew Flynn

 

“On an annual basis, we know more money is stolen at the nip of a pen than the barrel of a gun,” Oakland County Assistant Prosecutor Paul Walton said Tuesday.

He made the statement during a press conference about mortgage fraud at the U.S. Attorney’s Office in Downtown Detroit.

Several law enforcement officials spoke at the press conference, detailing progress made as part of Operation Stolen Dreams, a nationwide sweep targeting mortgage fraud that was enacted a year ago.

“The financial solvency of all of our counties is at risk with this type of mortgage fraud,” Walton said.

“Our goal in Oakland County is, not only do we hold those that have committed these criminal acts accountable, but we also try to seek restitution for the victim in the most efficient and effective way we know possible.”

Walton said that goal worked to perfection with a recent case, in which a home builder was “robbing Peter to pay Paul.”

“He was building houses, taking mortgage money and shifting it from one house to another,” Walton said. “He did this under the guise of trying to build a community. We not only identified the crime but also processed the crime to the effect that we think we’ll be able to get total restitution for the victims.”

U.S. Attorney Barbara McQuade said Michigan has one of the highest rates of mortgage fraud in the country. “(Michigan) is one of five states that together make up half of all foreclosures in the country,” she said.

“Mortgage fraud leads to foreclosures. Empty homes create havens for criminal activity. I’ve heard that for every foreclosure in a neighborhood, your property value goes down by one percent.”

Walton said certain areas of Oakland County have higher foreclosure rates, perhaps indicating higher amounts of mortgage fraud.

“I know there are a number of foreclosures in Pontiac,” he said. “There are a number of foreclosures in the south end of the county as well. Some of them, during the course of our investigation we are learning, may be the product of some mortgage fraud. We have a number of cases out of the Southfield area as well. It seems to be demographically located in areas where you would see a higher turnover in homes.”

Officials announced Tuesday that more than 1,500 defendants have been involved in Operation Stolen Dreams. A total of 525 arrests and 191 civil enforcement actions have taken place because of the operation, and more than $196 million has been recovered.

The operation was in effect from March until June of 2010. Since the end of the operation, 30 people have either pleaded guilty or were found guilty. Prison sentences in some cases have reached as high as nine years, and civil forfeitures of more than $1.5 million have been imposed.

The U.S. Attorney’s Office has continued to litigate cases, with 22 new defendants being charged in cases that involve a combined “many millions of dollars of alleged loss,” according to a press release.

Two major Oakland County cases that have been brought since the end of the operation were detailed in the press release.

In one, Robert Hance, a former loan officer with Fifth Third Bank, was indicted in April on charges that he paid straw buyers a fee to serve as mortgage loan applicants to purchase real property which the conspirators wanted to develop.

“Mortgage loan applications containing false information pertaining to the income and assets of the straw buyers were submitted to Fifth Third by Hance for approval,” the press release states.

“The total amount of fraud attributable to Hance is estimated to be (more than) $8 million.”

Also in Oakland County, Matthew Flynn, along with co-conspirators, was accused of recruiting people with good credit histories and high credit scores to act as straw buers, despite having no intentions on being the true owners of the properties involved.

"Flynn and others would submit false mortgage loan applications to Flagstar Bank, grossly inflating the income and net worth of the straw buyers"  the press release states.

"The total amount of loss to Flagstar Bank as a result of Mathew Flynn's actions is estimated to be $4.75 million." 

Contact staff writer Dave Phillips at 248-745-4631 ir This e-mail address is being protected from spambots. You need JavaScript enabled to view it or follow him on Twitter @dave_phillips1

 

 

 

 

 

Retreating to Avoid the Wrath of Zuffa: Arum, Shaw and Bernstein Confronted by Dana White

By: Bryanna Fissori

It is widely understood that if one is going to take shots at the Ultimate Fighting Championship (UFC) or Zuffa, LLC, its parent company, there are two options in the aftermath. One is to own it. The other is to apologize faster than you can say “the Empire strikes back.”

Following the broadcast of the June 11 event, UFC 131 UFC President Dana White was questioned by Ariel Helwani of MMA Fighting regarding comments made by Top Rank Boxing Promoter Bob Arum, Showtime Boxing analyst Al Bernstein and promoter Gary Shaw regarding antitrust speculations.

The comments made by the three boxing professionals were broadcast in an interview with Fight Hub TV, in which they were asked for their opinions specifically regarding the UFC’s recent purchase of the Strikeforce promotion. Many of the comments did not sit as well with White and led to a rebuttal in which he called them out on their remarks referring to the lot as crybabies. As for the direct question of a Federal Trade Commission investigation into anti-trust practices, none of the three men stand privy to that information and White managed to noticeably avoid a direct response.

During the interview Shaw conveyed to Fight Hub his suspicion that the two promotions will eventually fold into the one. “I think they’ll absorb them (Strikeforce) right into the UFC as soon as the contract’s up at Showtime,” said Shaw.” I’ll be surprised if the UFC changes their model and gives away fights for free, I don’t see it.”

This is an outcome, which has been widely speculated. The UFC’s parent company Zuffa LLC, has acquired a number of promotions over the last decade or so including World Fighting Alliance (2006), Word Extreme Cage Fighting (2006), Pride Fighting Championship (2007), International Fight League (2008). None of these promotions exist today as they have been integrated under the UFC umbrella.

Shaw also stated that he believes the acquisition is great for the UFC, but terrible for the fighters because there are no other large promotions to compete under. He also asserted that the UFC does not air an adequate amount of free fights, forcing fans to pay for every fight.

Here is the response from White. “Number one, Gary Shaw’s a moron, OK? First of all, this guy’s going out and copying everything that I say. He’s like, ‘Oh, they put on too many PPVs and they don’t give any free fights.’ What the hell are you talking about, you moron? First of all, Gary Shaw, what did he do, he’s done three fights this year and when I say that, fights that he actually promoted himself that were his actual fights and all three of them were on Showtime. Showtime is not free, okay? ”

“We’ve done 11 fights this year and four of them were free on free television, actual free television, free cable, OK, Gary, you idiot? You’re so dumb. I can’t even believe that I’m responding to your response.”

Despite White’s aggressive address regarding free fights, he neglected to hit on Shaw’s other two contentions:

1. The UFC will absorb Strikeforce
2. The acquisition of Strikeforce by Zuffa was bad for fighters

Many are thinking it, but no body wants to say it to the face of the UFC.

In an exclusive interview with Boxinginsider.com Gary Shaw stood by his earlier remarks and attributed Arum to the anti-trust comments. “It wasn’t me,” is just as good a place to start as any when the trying to mitigate the damage. “All I said was I think buying Strikeforce was a brilliant move on the part of the Fertitas. All of the anti-trust comments came from Bob Arum. I never heard those rumors and I never thought of that.”

Like most everyone else in the fight world, Shaw is aware that being on Zuffa’s bad side is not the place to be. “Dana has a right to say whatever he wants. The reason I am a moron and an idiot is because my comments didn’t work for Dana. I don’t think the Strikeforce move was great for the fighters. How many options does a fighter have? If a fighter wants to be in MMA, wants to be a star he has to be in the UFC.”

A contention by Shaw, that the UFC has built itself up to be the only viable option for serious competitors is one that is echoed by many. With Strikeforce now a part of Zuffa, the next alternative professional promotions are significantly smaller in size and ability to gain the notoriety of the Showtime and Pay- Per- View events.

“Some would say, is it good?,” questioned Al Bernstein to Fight Hub. ” I’m not passing judgment one way or the other on UFC. They’ve been able to do it in that sport and have, to their credit, made it very interesting for the fans. The Strikeforce thing was a little different. That was the first time they’d actually have a true contender, somebody that would push them and would be, you know, worth- while of thinking. . . But I don’t think boxing’s a situation where you can have a monopoly like that. I just don’t think it would fly.”

Uh, oh. Bernstien used the “M” word!

The recent suspicions of and FTC investigation have most likely caused the term “monopoly” to be a sore spot for Zuffa, and Bernstein just threw it out there. Though White was obviously put off by Bernstein’s comments he kept his reply to a minimum. The two have a history of working together outside the fight game arena.

“And I’ve known Al Bernstein for a long time,” said White. “And he’s towing the company line talking like, ‘I don’t know if this good or whatever.’ OK, Al, I see how it is.”

Bernstein retreated straight to option number two and told Boxinginsider.com that does not want any waves made with White. “I have never and would never say anything negative about Dana White or the UFC,” he said. “In fact, I owe Dana a great debt of gratitude for what he has done for The Caring Place, a facility here in Las Vegas co-founded by my wife, which provides free services for those touched by Cancer. Dana has been a champion for that. And, he and the UFC have been wildly successful.”

“I was asked what impact on the sport the purchase of Strikeforce by UFC might be. If you look at my answer I pointed out that UFC has provided the fans with a very good product and that sometimes having everyone under one roof–like baseball, football -ensures that all the match-ups happen–so that spoke positively to the idea that if everything is under one roof–in this case the UFC–that the fans would get to see all the match-ups made. That was the essence of my comments.”

Again, “It wasn’t me.”

“My comments on this issue are MUCH different than Bob’s or Gary’s, so that really needs to be pointed out. They are coming from a much different place than me-they are boxing promoters, and I am not. They have every right to their opinions and the right to express them. I am a person that enjoys MMA and I have publicly praised the UFC and Strikeforce many times–and there are dozens of quotes out there from me saying that MMA and boxing can co-exist nicely and that they are not really rivals. I have announced several MMA shows and really enjoyed it. So, that’s my viewpoint. I am not rooting against MMA or the UFC to succeed. ”

Philosophically, according to Bernstein, “People will ask the question whether competition among organizations is better. That was just an honest statement–some will ask that. In no way was that meant as a shot at the UFC. That to me was simply stating the obvious, in a question form. I would feel very bad if Dana construed my comments as being in any way a negative comment about the UFC. It was certainly not intended that way.”

Contrary Shaw who is comfortable saying what some die hard fans are thinking and Bernstein who appears to have an aversion to rocking the boat with White, Bob Arum usually has no such concern.

“Well, I don’t know what the laws are,” commented Bob Arum,” but there seems there’s an anti-trust problem somewhere, but all credit to UFC for buying out Strikeforce, that’s a great way to make your competition disappear.”

“First of all, Bob Arum is copying, you go to a Top Rank fight now,” said White, “They’re copying everything we do, right? Now, Bob Arum is also the guy who, you know, he’s out there crying ‘Anti-trust! Anti-trust!’ Bob Arum, go back and look through the records in an interview that he did, he was laughing at the Fertittas for investing in this company, he was laughing at them, basically saying, ‘they’re idiots, they’re losing oodles and oodles of money.”

Arum, who is not typically known for sugar coating his opinion, refused to comment on White’s statements. Speculatively, Arum may have realized how big the giant is and doesn’t want to make matters worse. Maybe, option number three is cover your head and lay low.

Arum’s feelings toward the UFC have been made clear in previous interviews.

In one interview with Ariel Helwani then of Fanhouse, Arum stated, “For me, I look at the UFC audience and the boxing audience as being two different audiences entirely. Our audience in boxing is ethnic. Hispanic, Filipino, Puerto Rican, Mexican, and the hardcore boxing fan who can’t watch … like me … can’t watch UFC. UFC are a bunch of skinhead white guys watching people in the ring who also look like skinhead white guys.”

That’s not all. . .

“And you don’t have any tattoos,” he added. “Ninety percent of the people in the audience wear tattoos. I don’t care. That’s up to them. But those aren’t people that would have any interest, at any time, in boxing. For me, and people like me, it is not something they ever care to see. They’ve watched it. It’s horrible. Guys rolling around like homosexuals on the ground. It is not a sport that shows great, great talent.”

Obviously this quote does not do justice to Arum’s business perspective on the UFC, but it does convey his general feelings toward the sport. That being said, it is difficult to argue with anything White may have to say about Arum “taking shots” at Zuffa or the UFC.

“He is definitely taking a shot at us,” said White. . . “They’re the biggest bunch of babies you’ve ever met. Bob Arum, the guy who was saying, ‘oh, the Fertittas are idiots, they’re losing ‘oodles of money in this,’ now he’s crying ‘anti-trust’ and he’s copying everything we do? You weren’t smart enough to do it, Bob.”

Since White is already contending that Arum is copying his work, the question arises as to whether boxing promoters could actually get together and form a UFC-like promotion?”

Shaw responded to that by stating to Boxinginsider.com, “Bob Arum is trying to do that by fighting his own fighters against each other and he is using Manny Pacquiao as that wedge, and I think it is a brilliant move on Bob’s part.”

 


© 2011 BoxingInsider LLC. All rights reserved. This material may not be published, broadcast, rewritten or redistributed with out written permission. 

Legal Analysis: UFC Files Anti-Piracy Case Against MMA Gym and Others

 

If You Mess with the Big Dogs You are Going to Get Bit

By Bryanna Fissori for MMA on Line
Legal Analyst

On May 17 the Ultimate Fighting Championship (UFC) filed a lawsuit against Without Limits MMA, a gym in Batesville, AR as well as owner Matt Sellers as the principal defendant. The gym allegedly broadcast UFC 126 “Silva v Belfort” without obtaining UFC permission. The complaint was filed in the U.S. District Court for the Eastern District of Arkansas. Sellers was served the summons just days ago on June 21 and will have the standard 21 days to respond.

The UFC is contending that the defendant violated several statutes in copyright infringement, each bearing a different amount in statutory penalties.

47 U.S.C. §605 (a) “prohibits the unauthorized reception and publication or use of communications such as the transmission for which plaintiff had the distribution rights thereto.”

Maximum $110,000

47 U.S.C. §553 “prohibits the unauthorized reception, interception and exhibition of any communications service offered over a cable system such as the transmission for which plaintiff had the distribution rights thereto.”

Maximum $60,000

17 U.S.C § 501 (a) “Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 or of the author as provided in section 106A(a), or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright or right of the author, as the case may be. . .”

Maximum $150,000

According to the complaint, the court has the discretion to award a total of $320,000 for these “willful violations” not including attorney’s fees. That sum is significantly more than the $500-$1500 it would have cost the establishment to legally broadcast the event. It was not specified in the complaint whether Without Limits MMA charged viewers for the broadcast. Sellers did not respond to a request for comments.

The complaint also stated that there are numerous methods of illegally accessing the content including “(1) splicing an additional coaxial cable line or redirecting a wireless signal from an adjacent residence into a business establishment; (2) commercially misusing cable or satellite by registering same as a residence when it is, in fact, a business; or (3) taking a lawfully obtained box or satellite receiver from a private residence, into a business. In addition, emerging technologies, such as broadband or internet broadcast, as well as “slingbox” technology can allow commercial misuse of residential broadcasting feeds through the internet from anywhere in the world.”

“We are not responsible for proving how they stole it, but just that they did,” said Joe Hand of Joe Hand Promotions which is one of the nations largest distributors of closed circuit pay-view-events and the exclusive provider for the UFC. The company is frequently involved in litigation on piracy cases. According to Hand, the company has several methods of receiving information about illegal distribution including witnesses reporting the infringement directly to the company and employing their own investigators.

This is not the UFC’s first legal battle regarding distribution rights. Earlier this month the UFC filed a case against a “The Edge Bar and Grill” in Alda, Nebraska for illegally televising UFC 128 on March 19 without the company’s permission. The fight was between Jon Jones and Mauricio Rua. The complaint has been filed in U.S. District Court in Lincoln. The company is seeking as much as $260,000 plus attorney’s fees.

In January 2010, the company filed a nearly identical case against “The Draft Bar and Grille” in the Boston area after the owner of the establishment transmitted a feed of UFC 104 on his laptop computer. The original complaint asked for $640,000 plus attorney’s fees.

According to the UFC illegal pay-per-view streams cost the company millions of dollars. Residential cost to purchase the fights are $44.95 per event and $10 more for the HD version. The cost for a business to purchase is depended upon the size of the venue. Depending on the region of the country you are in, the particular venue and who is fighting, most bars charge $5-$20 cover fee to view the fights.

In 2008 the UFC filed against 16 Canadian venues simultaneously for illegal distribution, but bars and pubs are not the only targets in the company’s quest to end piracy. A majority of illegal distribution of the events stems from internet feeds. Shortly after the case was filed against the Boston bar, the UFC identified Rage-Streams.net as a perpetrator. The website, owned and operated by Moazzam Gandu of Standford, VA violated copyright laws by charging customers to view UFC events for $6.99 and allowing them to keep and distribute the content after subscribing.

Most live stream websites like Justin.tv Inc, who is also in the mist of litigation for the same accusations, do not charge patrons to view the events but instead gain revenue from advertising. Prior to filing the claim, the UFC contends that they had been addressing the issue with the defendants for nearly two years to no avail. The UFC stated in their claim against Justin.tv Inc. “Third-party contractors hired and paid for by Zuffa (UFC parent company) removed more than 200 infringing live streams of UFC 121 from the Justin.tv website.”

In November of 2010 Zuffa took on anti-piracy efforts through a different avenue and submitted a cease and desist letter to Google under the Digital Millennium Copyright Act (DMCA) demanding that the company stop returning results for websites showing the infringed material. The DMCA criminalizes the act of circumventing anti-priacy measures built into most commercial software. In general it also limits Internet service provider’s liability from copyright infringement for transmitting information over the internet, though they are expected to remove material from users’ websites that appears to constitute copyright infringement.

Youtube is already very cautious about allowing any material to be broadcast if it has even the possibility of being infringed. In March of this year a Youtube channel belonging to Gracie Acadamy and Rener Gracie, son of UFC co-creator Rorian Gracie was shut down. The channel utilized clips of UFC fights to demonstrate MMA techniques. Zuffa played no part in the revoking the channel though they agreed with the action by Youtube.

As of this time last year, according to Zuffa, the company had settled piracy cases with 500 business and individuals due to the efforts of their anti-piracy team.

“When people start going to jail, people will stop doing it,” said UFC President Dana White. “This is a fight we will not lose.”

 

James Toney Returning to MMA in Fall Matchup with Ken Shamrock

When it comes to mixed martial arts, James Toney still has fight left in him.

Most people believed the multi-divisional boxing champion was one and done in the sport after losing to Randy Couture last August, but nearly a year after the disastrous debut, Toney has decided to return for another go-round. Toney and MMA pioneerKen Shamrock have both signed on the dotted line to oppose each other in a fall event that is still being planned. 

Toney's trainer Trever Sherman confirmed the matchup to MMA Fighting

BJPenn.com first reported the matchup, attaching it to a September 23 date in El Paso, Texas. Sherman, though, said to his knowledge, neither a date or location has been finalized. He said that Toney, Shamrock, their management teams and event promoters would meet this Saturday night to further discuss particulars.

"The earliest date as I know it would be late September, and the latest would be late October," said Sherman, who added that Texas, California and Nevada were the three potential sites discussed, with Texas as the most likely destination.

Also undecided is whether the match will take place under an established promotion, or as a stand-alone event of fights offered on pay-per-view. Sherman further mentioned that a reality series could be attached to the bout.

Toney's only pro MMA fight occurred against one of the sport's all-time legends. At last August'sUFC 118, Couture took him down inside the opening 20 seconds and eventually forced Toney to tap to an arm triangle. Since then, Sherman said that Toney has done little MMA training aside from occasional grappling sessions. He has mainly focused on boxing, where he fought and retained his IBA heavyweight title with a unanimous decision over Damon Reed in February 2011.

The 47-year-old Shamrock was once one of MMA's most intimidating fighters, but has won just twice since 2005, going 2-7 during that time. His last bout came last November, when he lost via TKO in the first round after injuring his knee.

Sherman said Toney promised to dedicate himself to training, and that they would invest time in working on takedown defense to keep the fight in Toney's comfort zone.

"The takedown is Ken's only chance," Sherman said. "I respect Ken as much as I do Randy. He's one of the reasons we have this art. But he can't stand with James. Randy proved that. He didn't stand with him for 10 seconds. No one will make that mistake. I want James to go in with hands down by his waist and dare Ken to punch with him."

Sherman said that Toney was adapting well to takedown defense in practices with experienced wrestlers but made a mistake against Couture that he wouldn't replicate against Shamrock. Even since then, he said that whenever Toney trains with wrestlers, he hurts them on the way in, and with small gloves, it may only take one well-placed punch to put Shamrock out. 

Toney will prepare for the fight at the recently opened International Fight Center in Van Nuys, California. His team believes that with a win over Shamrock, Toney could put himself in place for a few paydays from promoters looking for unsigned drawing cards, and that if he can string a few wins together, a seemingly impossible goal looms for the soon-to-be 43-year-old: a return to the UFC.

 

When it comes to mixed martial arts, James Toney still has fight left in him.

Most people believed the multi-divisional boxing champion was one and done in the sport after losing to Randy Couture last August, but nearly a year after the disastrous debut, Toney has decided to return for another go-round. Toney and MMA pioneerKen Shamrock have both signed on the dotted line to oppose each other in a fall event that is still being planned. 

Toney's trainer Trever Sherman confirmed the matchup to MMA Fighting

BJPenn.com first reported the matchup, attaching it to a September 23 date in El Paso, Texas. Sherman, though, said to his knowledge, neither a date or location has been finalized. He said that Toney, Shamrock, their management teams and event promoters would meet this Saturday night to further discuss particulars.

"The earliest date as I know it would be late September, and the latest would be late October," said Sherman, who added that Texas, California and Nevada were the three potential sites discussed, with Texas as the most likely destination.

Also undecided is whether the match will take place under an established promotion, or as a stand-alone event of fights offered on pay-per-view. Sherman further mentioned that a reality series could be attached to the bout.

Toney's only pro MMA fight occurred against one of the sport's all-time legends. At last August'sUFC 118, Couture took him down inside the opening 20 seconds and eventually forced Toney to tap to an arm triangle. Since then, Sherman said that Toney has done little MMA training aside from occasional grappling sessions. He has mainly focused on boxing, where he fought and retained his IBA heavyweight title with a unanimous decision over Damon Reed in February 2011.

The 47-year-old Shamrock was once one of MMA's most intimidating fighters, but has won just twice since 2005, going 2-7 during that time. His last bout came last November, when he lost via TKO in the first round after injuring his knee.

Sherman said Toney promised to dedicate himself to training, and that they would invest time in working on takedown defense to keep the fight in Toney's comfort zone.

"The takedown is Ken's only chance," Sherman said. "I respect Ken as much as I do Randy. He's one of the reasons we have this art. But he can't stand with James. Randy proved that. He didn't stand with him for 10 seconds. No one will make that mistake. I want James to go in with hands down by his waist and dare Ken to punch with him."

Sherman said that Toney was adapting well to takedown defense in practices with experienced wrestlers but made a mistake against Couture that he wouldn't replicate against Shamrock. Even since then, he said that whenever Toney trains with wrestlers, he hurts them on the way in, and with small gloves, it may only take one well-placed punch to put Shamrock out. 

Toney will prepare for the fight at the recently opened International Fight Center in Van Nuys, California. His team believes that with a win over Shamrock, Toney could put himself in place for a few paydays from promoters looking for unsigned drawing cards, and that if he can string a few wins together, a seemingly impossible goal looms for the soon-to-be 43-year-old: a return to the UFC.

 

MMA: Rumors Surge Regarding an FTC Investigation of Zuffa/UFC

Do Not Pass Go, Do Not Collect $200

By Bryanna Fissori
Legal Analyst

So the rumor has hit the streets and all the MMA community anxiously awaits confirmation or denial of what many thought to be inevitable: Is Zuffa LLC, being investigated by the Federal Trade Commission (FTC) for antitrust violations?

As a prelude readers should know that if the FTC is in fact conducting an investigation it is private and we are not going to hear much from their end until they have finished doing what they do and decide whether or not they have a valid case.

ZUFFA, LLC. OVERVIEW

Here are the facts we do know: Zuffa is a Nevada corporation owned by brothers Lorenzo and Frank Fertitta and operated primarily by company president Dana White. Since their $2 million purchase of the UFC intellectual property rights in 2001 Zuffa has expanded to become, amongst other things, unarguably the largest Mixed Martial Arts promotion in the world. The company owns and operates both the Ultimate Fighting Championship (UFC) and Strikeforce promotion, which was acquired in March of this year. Other promotions obtained by Zuffa include World Fighting Alliance (2006), Word Extreme Cage Fighting (2006), Pride Fighting Championship (2007), International Fight League (2008) and though they did not acquire the Affliction promotion (2009) Zuffa was a key player in its rise and fall.

MONOPOLY

As the uncontested champion of MMA promotions, the word that quickly rushes to the tip of everyone’s tongue is “monopoly”. According to its basic definition, a monopoly is established when only one economic entity produces a particular product or provides a particular service. Prior to the acquisition of Strikeforce the word would have probably been “oligopoly” which exists when a few firms possess the market share. Strikeforce was without a doubt the next largest promotion behind the UFC, but without its presence as a separately owned corporation, it would be a stretch to contend that in general the market shares of the remaining professional promotions are large enough to be considered competitive.

“There’s always gonna be competition,” said UFC president Dana White. “There’s tons of shows that happen every weekend all over the world.”

White is correct in his statement. There are tons of shows happening every weekend all over the world. Whether or not those promotions are any sort of competition for the UFC and Strikeforce is not so clear.

There are several ways investigations can be initiated by the FTC which include response to issues raised by reports from consumers and businesses, pre-merger notification filings, congressional inquiries or reports in the media. According to Article 3 of the Enforcement Rules of the Fair Trade Law, the FTC will take into account several factors in determining if a monopoly exists.

The first factor is the market share of the enterprise in a particular market. If one was to look at individual market sectors such as pay-per-view sales for MMA or event sales than it would be tough to say that there is another actual competitor. With 300 or so fighters on their roster it may also be said that they have the market share of competitors, but this all depends on how the numerous smaller professional promotions fit in the picture. Most fans and industry personnel will agree that the next largest promotion is Bellator which still trails significantly behind the UFC and Strikeforce even as separate entities.

If the particular markets are broken down, they may not all be viewed consistently. For example, there are many areas where Zuffa is undoubtedly dominant, but one area which they may not override, for example, is televised MMA fights. Bellator can be viewed on MTV2, Shark Fights are on Fuse, HDNet shows several promotions such as Dream and Titan, and there are numerous others which stand to decrease Zuffa’s market share in this specific area. There is no speculation to the gossip regarding which markets are included in the rumored investigation.

Other factors listed in Article 3 include the possibility of substitution of the goods or services in a particular market, giving regard to consideration of time and place. Could another promotion come in to Las Vegas and hold a successful event at Mandalay Bay without interference from Zuffa? One would assume there is a contract or two that says no, as well as a couple of handshakes that will agree. Of course Vegas is home turf for the UFC, but in other parts of the world there must be a possibility of successful substitution in order to satisfy this factor. It may be taken into account that Bellator, Cage Fury Fighting Championship (CFFC) and the UFC have all been able to successfully host MMA events in places like Atlantic City, New Jersey.

The ability of the enterprise to influence prices in a particular market is another factor that has to be taken into consideration as well as whether formidable difficulties exist restricting other enterprises in entering a particular market.

“There’s plenty of competition and there’s really no barrier to entry,” said Lorenzo Fertitta. “Anybody that wants to get in this business, they can go file for a promoter’s license, put up some capitol, go sign some fighters, and go get a television contract. It’s a wide open market for anyone who wants to get involved.”

Though Fetitta’s statements are true it is not to be forgotten that Zuffa has around 300 fighters, all of whom are now covered by accident insurance which is one of the many perks aside from pay that comes from working for Zuffa. Those are big shoes to fill for an up and coming promotion. Not only is the price of fighters a consideration, but as far as price setting goes if Zuffa was to lower the gate tickets to ten dollars a head they will likely still make enough in pay-per-view sales to not sweat it. Are there any other professional promotions that could do that?

The last factor is the import and export status of the goods or services. As announced before every event, the UFC can be viewed in over 130 countries in 20 different languages. There is not much more to say about that.

“We wouldn’t have done the transaction if we felt that we were (unfairly controlling the market),” said Fertitta. “There’s literally thousands of promotions and thousands of options for the fighters, it just so happens that with the groundwork that we’ve put in place over the last 10, 11 years, we happen to be the most successful.”

TORTUOUS INTERFERENCE

The unverified rumor also coveys that the FTC has some focus placed on the possibility of cause of action for “tortuous interference”. The charge of tortuous interference is broken into two broad categories with one specific to contractual relationships and one specific to business relationships or activities. To succeed on the claim of interference with contract the FTC would have to prove that the UFC convinced a party to breach a contract or prevented them from fulfilling their contractual obligations. Zuffa must have also had knowledge the party’s existing contract. The interference with business relationships claim is only available when the tortfeasor (Zuffa) does something to prevent parties from establishing or maintaining business relationships.

Each of Zuffa’s business transactions stand on their own as a separate negotiation, but as for the company’s most recent purchase there has been no assertion of hostility.

“I’ve always had respect for them (Zuffa),” said Strikeforce Executive V.P and General Manager Scott Coker. “I know how hard it is to do what we do, so I can only imagine how hard it is to do what they do. They operate all over the world and have all of these television deals. We’ve always been cordial. I’ve never had an issue with Dana, and I think he feels the same way. It’s a mutual respect. What he’s done is quite remarkable, and now we’re all on the same team and we’re working together.”

This hasn’t been true of all of Zuffa’s acquisitions. One particularly bumpy merger occurred when Pride was purchased, followed by claims of misrepresentation and breach of contract when Zuffa failed to maintain the Pride brand.

VIOLATION OF ANTITRUST

So how likely is it that the FTC would find Zuffa in violation of antitrust laws? Precedent case United States v Syufy Entertainment (1990) says it’s doubtful. Syufy Enterprises was a motion picture company in Zuffa’s home town of Las Vegas which bought out virtually all of the theaters in the city with the exception of one cinema which showed primarily second run films. The eight and a half day trial was heard by the Ninth Circuit Court of Appeals which found for Syufy for reasons that any theater had the ability to open up without barriers. The case is similar to Zuffa’s situation in that patrons of the theaters suffered no direct injury as a result of the transactions nor did the bought out competitors complain, as the prices were fair. To this point, viewers of UFC and Strikeforce events continue to receive the same quality as prior to the merger and former Strikeforce President and Owner Scott Coker has nothing but positive remarks about Zuffa.

One difference is that the Syufy case was brought by the Department of Justice while the rumored Zuffa investigation falls under FTC jurisdiction. The FTC shares enforcement of antitrust laws with the Department of Justice. However, while the FTC is responsible for civil enforcement of antitrust laws, the Antitrust Division of the Department of Justice has the power to bring both civil and criminal action in antitrust matters. The rumored investigation refers to FTC enforcement, though results would like be unaffected by which bureau brings the case.

Whether or not the rumors of the FTC investigation prove to have any validity, it can be affirmed that Zuffa currently has no plans of slowing their momentum.

“What we’re doing is we continue to expand, grow this sport, grow this business,” said White. “We need more fighters. As we continue to do all the shows that we’re doing here in the United States – we start pushing into these new markets – we need more guys. This isn’t a thing about competition, it’s about growing the sport.”

 

UFC Evades Question of FTC Investigation, focuses on the “crybabies” of Boxing

By Bryanna Fissori

Legal Analyst

The rumors of a Federal Trade Commission (FTC) investigation of the world’s largest Mixed Martial Arts promoter parent company Zuffa, LLC, are picking up momentum as they jump from the print media circuit into the face of Ultimate Fighting Championship (UFC) President Dana White.

Since Zuffa’s acquisition of the Strikeforce promotion in March, fans and industry professionals have begun to speculate as to whether or not the dominant presence of Zuffa in the MMA industry is sufficient to qualify as a monopoly. A monopoly in itself is not illegal, but the use of monopolistic business practices may constitute antitrust violation. That is an actionable offense.

Following the broadcast of the June 11 event, UFC 131 White was questioned by Ariel Helwani of MMA Fighting regarding comments made by Top Rank Boxing Promoter Bob Arum, Boxing reporter Al Bernstien and promoter Gary Shaw regarding the antitrust speculations.

White began his rebuttal by referring to Shaw a moron and an idiot. He then stated that both Arum and Shaw are copying everything that he does and Bernstein is “towing the company line.” White then followed up with asserting that the trio sounds like a bunch of crybabies.

“If you look throughout the history of boxing these guys have been crybabies,” said White. “They have always been crybabies. They are the biggest bunch of babies you’ve ever met. Bob Arum, the guy who said “oh, the Fertita’s (Zuffa majority owners) are idiots. They are losing oodles of money on this thing,” now he’s crying antitrust and he’s copying everything we do? You weren’t smart enough to do it Bob. That’s your fault.”

The Federal Trade Commission is the nation’s consumer protection agency, which collects complaints about companies, business practices, and identity theft under the FTC Act and other laws they enforce or administer. Any individual may file a complaint with the FTC through the Consumer Protection branch. The FTC will not resolve individual consumer complaints. Any complaints regarding antitrust would likely be referred to the Bureau of Competition (BC). They can also be filed directly though that department.

Often the terms “merger” and “acquisition” are used synonymously, though there are differences. A merger typically occurs when two companies decide to come together to create a new company. In the Zuffa/Strikeforce situation a large company purchased a smaller company and they are supposedly remaining separate entities. “Business as usual,” according to White. The confusion comes because often when the takeover is not hostile the larger company will compel the smaller one to announce it as a merger.

The BC has four different divisions that deal specifically with merger issues and one division that reviews pre-merger submissions. Pre-merger notification is required for both mergers and acquisitions under the Hart-Scott-Rodino Antitrust Improvements Act if the companies meet the following criteria:

1. One of the companies has to regularly engage in commerce. This applies to virtually all business, promoters included.

2. One company must have annual net sales of at least $100 million, or the group that has a controlling share of the company’s stock (50% or more) has to have more than $100 million in total assets. According to Yahoo Sport, industry sources estimate that the UFC grossed approximately $411 million in 2010 just in pay-per view sales alone.

3. For the other company, it must have annual net sales of at least $10 million, or the group with the controlling share of the company’s stock must have over $100 million in total assets. According the San Jose Business Journal, prior to the acquisition Strikeforce was estimated to gross $30 million in the 2011 fiscal year. There is no public statement on the purchase price of the company, but most estimates range around $40 million.

4. At least $15 million in assets or securities must be being acquired, or 15% of the voting securities are being acquired so that one company is gaining control of a part of a company or a company it did not previously have control over and that acquired entity’s total assets or net sales are worth at least $25 million. It is generally assumed Strikeforce was worth at least $25 million.

5. There is also a thirty-day waiting period after the pre-merger notification is filed in which the BC reviews to ensure there are no antitrust violations. There is no public information available as to whether or not Zuffa completed this process prior to the purchase. If so, it is unlikely that there would be any contest from the FTC.

The BC also has a division specific to anticompetitive practices enforcement, which is where the issue would likely be taken up within the bureau.

With the lack of information verified at this point, it is possible the Strikeforce acquisition is not the focus nor even a part of the supposed investigation as Zuffa has acquired numerous other promotions in its decade or so of existence in the MMA industry. Other aspects rumored to be under investigation assert “tortuous interference” which deals with the method in which contracts were created and voided given the company’s knowledge of their existence and extent.

The UFC is familiar with this specific cause of action due to a case, which arose in August of 2010 brought by Bellator Fighting Championship. Bellator asserted that “The Ultimate Fighter 12” cast member Johnathan Brookins was still under contract with Bellator when he signed on for the Spike TV show.

The question to the UFC President regarding government investigation was framed as being delivered from the boxing world, though it has verifiably surfaced throughout other industries as well and White openly conceded to such.

“I don’t think it is just boxing people,” said White. “There are a lot of people poking around. Let me tell you what, because this thing has been so successful, there are a lot of people who are come after us and are taking shots at us and the reality is we took something that was absolutely dead and turned it around and turned it into this. It was done by investing a ton of money and the Fertitas actually having the balls to do it and to stay behind this thing when it didn’t look like it was going to turn around.”

White was given the opportunity to directly confirm or deny the existence of an FTC investigation during his post-fight interview and even after the question was repeated he managed to slip the issue focusing on the impact the company has had on the MMA industry, which most will argue is well-deserved, though that’s not what was asked.

“All these people that are taking shots at us and coming after us and doing what they’re doing are the people that were laughing at us 9, 10 years ago you know?” said White. “We’re the best at what we do, we’ve changed the fight business forever, we’ve revolutionized it, and, you know, all these other guys that weren’t smart enough to do it and didn’t see it want to cry about it now.”

Is the FTC included in those taking shots and coming after Zuffa or are we still just talking about boxing?

 

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