MOTIV starts Jackal Replacement program

[jab5325]

I think their hope was that the USBC would back down. When that didn't happen, they hoped that with a little push back and reaching out to the PBA...maybe they could force the USBC to back down. That didn't work either.

The USBC is in the right, they know that, and they are far more powerful than the PBA or Motiv combined. The PBA owns the league, but the USBC owns the sport. So, when they (Motiv) started to see their own loyal fans starting to grumble about being dis-satisfied...they had to bite the bullet.

From a conspiracy standpoint....I think they probably also wanted to bury this before more "interesting" questions started to surface by the "non-Aslans" of the World regarding what they knew, what they didn't know, when they knew, and whether they knew prior to their sponsored athletes winning titles. They certainly knew prior to Gary Falkner's trip to the White House. I think the Wilburs got nervous that this huge embarrassment and massive hit to their bank account....could become a bigger embarrassment and ultimately destroy their company...so they're going to do what they can to quietly start fixing the issue and hope that stops the questions.

But jab hit the nail on the head....we're still waiting to know "exactly" what led to the balls being out of spec....what they are doing to fix that...and when they knew. And I have a feeling...despite this ball return stuff...those questions will have to be answered in time. And I have a feeling, the non-Amyers and non-Motiv lovers...are going to be very upset about those answers.

For the record, I'm not saying or implying there's a conspiracy at play.

My point was to point out facts during the process, and my opinion that the whole ordeal is being handled poorly.

[Aslan]

For the record though...this is a MORE THAN FAIR response on their part for their customers and the pro shops.

Regardless of how I feel about their handling of this to date...and regardless of my independent investigation into the matter...this is a more than equitable solution that I think will make their customers very happy.

The only question I'd have as a "customer"...is, "If they won't tell us how the initial thing happened....and they won't tell us how they fixed it....how do we know the replacement balls are in USBC specs?" That's why they should have handled it differently. IF, (big IF at this point) it was simply a manufacturing issue...then the customers need to know what that was and how they fixed it. I've worked in manufacturing and quality control all my life...these type of issues can occur and almost always easy to identify and very easy to resolve. In other words....it was either intentional or...their PR department should be fired...and shame on the USBC for not demanding a cause and corrective action from Motiv. Add all that up...it was intentional.

[NewToBowling]

I'm pretty sure the replacement ball will have a differential of 0.0000000000000000000000000000001

[billf]

When this finally goes to court and ALL the documents are made public then many will be alarmed at how well and controlled the Wilbur's have been throughout this. This was the first time the USBC "field tested" any manufacturer's balls. And by field test I mean only the cases purchaed by 900RotoStorm corporate whose spouses work at USBC sent with the note "spin me" on them were checked.
But it won't get to court. The USBC and 900RotoStorm have too much to lose if the truth was made public.
I would like to know for sure just so I know if I was lied to to my face by one party or in print by the other.

[vdubtx]

When this finally goes to court and ALL the documents are made public then many will be alarmed at how well and controlled the Wilbur's have been throughout this. This was the first time the USBC "field tested" any manufacturer's balls. And by field test I mean only the cases purchaed by 900RotoStorm corporate whose spouses work at USBC sent with the note "spin me" on them were checked.
But it won't get to court. The USBC and 900RotoStorm have too much to lose if the truth was made public.
I would like to know for sure just so I know if I was lied to to my face by one party or in print by the other.

bill, where are you seeing that it was 900RotoStorm that was the one who submitted the balls to be tested?

Or, is it just another rumor out there like it was for DV8/Brunswick?

[Mike White]

bill, where are you seeing that it was 900RotoStorm that was the one who submitted the balls to be tested?

Or, is it just another rumor out there like it was for DV8/Brunswick?

I didn't hear 900RotoStorm before, but I did hear from a different source about family members of the "whistle blowers" working at USBC.

[Aslan]

But it won't get to court. The USBC and 900RotoStorm have too much to lose if the truth was made public.

Even if it DID go to court...regardless of their affiliations and family members...it would be very hard for Motiv to essentially prove that someone in the USBC conspired with one of the big ball companies to intentionally go after Motiv.

It's possible. I mean, if they altered data...or in the case of the Carnage rounded things a certain way...it's possible. But the problem Motiv has is their balls aren't passing. They simply don't meet the specifications. It's like Volkswagon suing the EPA because GM reported them and GM has spouses of employees working at the EPA. It's "possible"...but it's a long shot and at best would just create enough of a financial restitution to cover the recall. And that's a long, long shot.

I would like to know for sure just so I know if I was lied to to my face by one party or in print by the other.

I think whoever sent the balls in....are probably not going to be on the PBA's Christmas list anymore. It may have been Brunswick...DV8 makes the most sense...many people are saying Radical...and Bill is right that there are lots of Storm people at the USBC...could have been them as well. But I think they've been reluctant to "own it...as Rotogrip would demand of them"...because I have to think the PBA will look at that little crime as more important in their eyes than Motiv's crime. Whomever sent in the balls, tarnished the standing of the PBA...even if they did so technically "in the right".

The problem is...it doesn't really change the scenario. Motiv still has two popular balls that are no longer certified. Motiv still hasn't come out claiming they didn't already know that. Motiv's athletes have not said they didn't know. Motiv has made no statements concerning corrective actions (the recall isn't a corrective action).

I don't think the Wilburs necessarily "knew"...I imagine they don't concern themselves with those details.

But like I tried to explain to Amyers...."INTENT" is a HUUUUUUUGE word in the legal system. The most important questions from a legal perspective are:

1) What did Motiv know and when did they know it. Was their violation of USBC specifications WILLFUL.

2) Did Storm or Brunswick COLLUDE with the USBC to INTENTionally harm a competitor?

Both of these are absolutely crucial questions...because they change minor infractions and slaps on the wrist...to multi-million dollar lawsuits and offenses. I still believe that Motiv is the true culprit here. My reasoning is (see other post about what they did NOT say in any of their statements to date) AND...even if Storm and the USBC did something "nasty"....the USBC isn't going to revoke certifications from two popular bowling balls...against a silver level sponsor...unless their data is sound and unable to be challenged. The USBC simply did their job (for a change). Unless they falsified those results...data is a HUGE advantage in court. And a judge would have a hard time finding (no pun intented), motive on behalf of the USBC to financially damage a corporate partner that contributes a large amount of income to their organization. It's much, much easier to show motive on behalf of Motiv...as confusing as that sounds.

Motive, Willful, Intent, Knowingly, etc... These are very, very important concepts in the legal system. That's why Motiv really screwed the pooch on this one...by NOT stating in their FIRST response....FIRST paragraph....that they were not AWARE of the non-compliance with USBC specifications. Terrible, terrible, inexcusable mistake from a PR and legal perspective....UNLESS....they knew. If they knew...it may have been a legal decision to specifically NOT say that.

[Mike White]

Even if it DID go to court...regardless of their affiliations and family members...it would be very hard for Motiv to essentially prove that someone in the USBC conspired with one of the big ball companies to intentionally go after Motiv.

It's possible. I mean, if they altered data...or in the case of the Carnage rounded things a certain way...it's possible. But the problem Motiv has is their balls aren't passing. They simply don't meet the specifications. It's like Volkswagon suing the EPA because GM reported them and GM has spouses of employees working at the EPA. It's "possible"...but it's a long shot and at best would just create enough of a financial restitution to cover the recall. And that's a long, long shot.


I think whoever sent the balls in....are probably not going to be on the PBA's Christmas list anymore. It may have been Brunswick...DV8 makes the most sense...many people are saying Radical...and Bill is right that there are lots of Storm people at the USBC...could have been them as well. But I think they've been reluctant to "own it...as Rotogrip would demand of them"...because I have to think the PBA will look at that little crime as more important in their eyes than Motiv's crime. Whomever sent in the balls, tarnished the standing of the PBA...even if they did so technically "in the right".

How did whomever sent in the balls, tarnish the standing of the PBA?

They didn't apply the tarnish, if anything, they shined a light on tarnish that was already there but not noticed by the public.

The problem is...it doesn't really change the scenario. Motiv still has two popular balls that are no longer certified. Motiv still hasn't come out claiming they didn't already know that. Motiv's athletes have not said they didn't know. Motiv has made no statements concerning corrective actions (the recall isn't a corrective action).

I don't think the Wilburs necessarily "knew"...I imagine they don't concern themselves with those details.

But like I tried to explain to Amyers...."INTENT" is a HUUUUUUUGE word in the legal system. The most important questions from a legal perspective are:

Intent is also a word that prosecutors will swing like a hammer, then chop it up, twist it, and turn it, so it's no longer recognizable as what you originally thought of as intent. All with the purpose of getting you to not dispute that the defendant had formed intent.

1) What did Motiv know and when did they know it. Was their violation of USBC specifications WILLFUL.

2) Did Storm or Brunswick COLLUDE with the USBC to INTENTionally harm a competitor?

Both of these are absolutely crucial questions...because they change minor infractions and slaps on the wrist...to multi-million dollar lawsuits and offenses. I still believe that Motiv is the true culprit here. My reasoning is (see other post about what they did NOT say in any of their statements to date) AND...even if Storm and the USBC did something "nasty"....the USBC isn't going to revoke certifications from two popular bowling balls...against a silver level sponsor...unless their data is sound and unable to be challenged. The USBC simply did their job (for a change). Unless they falsified those results...data is a HUGE advantage in court. And a judge would have a hard time finding (no pun intented), motive on behalf of the USBC to financially damage a corporate partner that contributes a large amount of income to their organization. It's much, much easier to show motive on behalf of Motiv...as confusing as that sounds.
may have been a legal decision to specifically NOT say that.

If data had such a huge advantage in court, why did it take so long for a tobacco company to lose a case?

To the average Joe, data doesn't mean a thing. It's the story told to the jury about the data, that convinces or doesn't convince the jury,

[Aslan]

How did whomever sent in the balls, tarnish the standing of the PBA?

Having two major ball manufacturers exposing one another and leading to a disgrace of one kind or another...the PBA doesn't want that. All the PBA has is it's name and it's image. ANYTHING that any bowler or sponsor does do tarnish that image or that name (including but not limited to the use of illegal equipment, cheating, or this sort of corporate backstabbing)....can be seen by the PBA as tarnishing their image.

It's like a child that always "tattles" on his/her sibling. It isn't "wrong" to report a problem...but you also want to send the message that it's also not a great thing to be constantly "tattling" on each other.

If data had such a huge advantage in court, why did it take so long for a tobacco company to lose a case?

Good point, but in those cases...there was a great deal of conflicting data. Chronic illnesses can be caused by so many things, that it is difficult, especially facing the resources of the tobacco industry, to "beyond a reasonable doubt" show that a cigarette causes cancer. Chronic illnesses are usually the result of multiple factors....that's why one person smokes and eats bacon for 80 years and dies while a person who jogs every day can drop dead at 49 from a heart attack. The data isn't definitive enough.

In this case, the data is simply math. It's a collection of readings with an average. The difficulty the USBC will have is how many significant figures they used and how precise the method and equipment is, whether it was calibrated properly, etc... There are multiple ways Motiv could win a lawsuit given the method the USBC is using...but I gotta think the USBC is already prepared for that. Like Bill said, the USBC has NEVER done this before. They are doing this against a very important supporter...a very popular company with many of their members. I don't think they did this without dotting every "I" and crossing every "t".

And none of the above matters...if Motiv KNEW. Again....I can't emphasize that point enough. Motiv can't sue the USBC if Motiv knew the balls were out of spec. Their athletes won't be able to keep their titles or money earned throwing those balls if the athletes knew. And if the athletes "knew", then the PBA has to get involved from a Code of Conduct position. And then you have the competitors from other companies...and the damages (financial) they incurred as a result of the intentional acts of Motiv and their athletes. Something so small as a differential...would end Motiv.

But....if they didn't know...it's a slap on the wrist...a costly recall...and everybody moves on. But KNOWING...who knew what and when...those are questions I can't imagine Motiv wanting to answer...and I think that's why there will be no challenge of Storm, Brunswick, or the USBC...and that's why there was no statement made claiming what they knew and when...they just want it to go away....and will gladly pay 1 million dollars to make that happen. They aren't "happy" about it...nor would I be or you be....but I think they know how much worse it could be and cooler heads will prevail.

[wannabepro]

I guess i'm new to this story but why is motiv doing this?