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Emergency Bonus Podcast - ESPN Is Trying To Bully Us With A Cease And Desist

Thursday, March 10, 20168 takes

ESPN sent Pardon My Take a cease and desist and the guys discuss it.

Emergency Bonus: ESPN Sends a Cease and Desist to PMT

Big Cat and PFT Commenter are officially in the crosshairs of the Worldwide Leader. Just weeks into the show's existence, the legal team at ESPN sent over a cease and desist letter, and naturally, the only logical response was to record an emergency podcast to explain why this actually makes PMT the most powerful entity in sports media. PFT is a little worried about his probation status, but the energy in the room is less "fear of God" and more "let's see how many more rakes we can make them step on."

The Legal Battle of the Century

The core of ESPN's complaint is that people might actually confuse two guys recording in a basement with the multi-million dollar production of Tony Kornheiser and Michael Wilbon. While most people would see a legal letter from Disney and fold, Big Cat and PFT see it as a sign of weakness. They pointed out that while ESPN is busy laying off staff and dealing with cord-cutting, Barstool is flush with cash and climbing the charts.

Win
Mar 10, 2016
#2099
PFT CommenterPFT Commenter

ESPN definitely picked the wrong people to mess with because we have nothing to lose

I think they definitely picked the wrong people to fuck with on this one. Like we got nothing to lose.

The podcast went on to become the most successful sports podcast in the world despite the legal pressure.

Actually, PFT argued that the mothership should be showing a little more gratitude. If anything, the association with a top-ten podcast is the only thing keeping their legacy brands relevant in the modern age.

Loss
Mar 10, 2016
#2100
PFT CommenterPFT Commenter

ESPN should be thanking us for elevating the brands of 'Pardon the Interruption' and 'First Take'

I would say that they should be on their hands and knees thanking us that we're doing more to elevate the Pardon the Interruption and First Take brand, because now they're affiliated with our brand.

ESPN's shows were massive established brands, while PMT was a weeks-old podcast; the exposure definitely flowed the other way.

Big Cat and PFT: Legal Scholars

To prep for this battle, the guys have been doing some heavy lifting in the library—if the library is just a collection of Netflix true crime documentaries. Big Cat is leaning on his knowledge from the OJ Simpson civil suit documentary, while PFT is bringing some "Making a Murderer" expertise to the table. They even discussed the Streisand effect, which PFT believes involves Barbra Streisand being famous despite having no talent, though the legal application remains a bit fuzzy.

Win
Mar 10, 2016
#2102
PFT CommenterPFT Commenter

The more lawsuits ESPN files against us, the stronger we get

I want to have them file lawsuits at me nonstop because the more they file, the stronger I get... the more lawsuits we have filed against us, the better we get.

The C&D story became a major media moment that helped cement PMT's early dominance in the podcast charts.

Big Cat is ready to start playing the legal game at a high level. He’s taking inspiration from the movie *Spotlight* and wants to start filing motions against their motions just to see what happens.

Loss
Mar 10, 2016
#2103
Big CatBig Cat

We should file a cease and desist against ESPN to stop them from sending us cease and desist letters

I think we can file a motion against their motion... We should file a cease and desist to them to stop sending a cease and desist letters.

OpinionMediaMediumSarcastic
This is not a real legal strategy that would be effective in court.

Taking Down the Mothership

The guys aren't just playing defense; they're looking at the big picture. Between PFT planning to corner John Skipper at South by Southwest to settle this over a cocktail napkin and Big Cat's plan to simply pirate ESPN's own content as a form of protest, the strategy is evolving by the minute.

Loss
Mar 10, 2016
#22166
Big CatBig Cat

We will take down ESPN by replaying recordings of 'Pardon the Interruption' on our podcast feed

Maybe we just do a show and we just replay an entire Pardon the Interruption show. Like that's the whole podcast... This is how we're going to take down ESPN.

PredictionMediaFireSarcastic
They never actually replayed full episodes of PTI as their own podcast feed.

PFT is confident that when it comes down to it, the court of public opinion—and specifically the internet—will know exactly who to root for in a fight between a massive corporation and two guys with a dream and a parody logo.

Win
Mar 10, 2016
#2104
PFT CommenterPFT Commenter

The internet will side with us over ESPN in this legal battle

If I know anything about the Internet, the Internet's going to have our back. Nobody's going to side with ESPN on this. They're going to look real bad.

Fans overwhelmingly supported PMT, and the battle became part of the show's early lore.

If you have a law degree, or even if you just watched a few episodes of Law & Order and know what the word "law" means, the guys are officially calling for your pro bono services to help harass Bristol until they give up.

We'll see if we're still called Pardon My Take on Monday.

espnlawsuitpardon-the-interruptionfirst-takejohn-skipper

More Takes

Loss
Mar 10, 2016
#2101
Big CatBig Cat

Barstool and Disney/ESPN are closer in value than people think

I'm not saying that Disney and Barstool are, like, maybe equal in terms of stock, but we're closer than people think.

Disney is a massive global corporation with a market cap in the hundreds of billions, whereas Barstool was valued in the tens of millions at this time.
Push
Mar 10, 2016
#2105
PFT CommenterPFT Commenter

If John Skipper couldn't get the Chargers to move to L.A., he won't be able to stop our podcast

[John Skipper] is the guy that couldn't even get the Chargers to move up to L.A. I don't think that he's going to be able to get our podcast up there.

The podcast survived, and the Chargers did eventually move to LA in 2017, though Skipper's personal role in that move is debatable.

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