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First Page

344

Last Page

364

Document Type

Comment

Abstract

Despite being “the greatest studio show in sports TV history” and winning numerous Emmy Awards, the TNT Sports icon Inside the NBA was on the brink of disappearing. In 2024, the National Basketball Association (NBA) opted into a $77 billion contract with NBC, Amazon, and Disney’s ESPN, ending its forty-year relationship with Warner Brothers Discovery (Warner Bros. Discovery), the parent company of TNT Sports. Warner Bros. Discovery filed suit, alleging that, by rejecting its offer in favor of NBC, Amazon, and Disney, the NBA breached the parties’ 2014 media rights agreement, which included a right to match third-party offers. The NBA and Warner Bros. Discovery eventually settled, with Warner Bros. Discovery losing its NBA live-streaming rights entirely and leaving the future of Inside the NBA uncertain. Fortunately for fans, Walt Disney’s ESPN announced that it would license the show, preventing the fan-favorite program from being shelved for good. This comment discusses how Warner Bros. Discovery and the NBA could have achieved a more integrative outcome by pursuing alternative dispute resolution (ADR) rather than turning immediately to litigation. Beginning with the history of Inside the NBA and the conflict here, the comment then highlights the significance of this dispute. The author explains the ADR methods that could have been utilized by the parties, as demonstrated by their historical use by the NBA and in other broadcast rights disputes. Concluding by addressing potential criticisms, the comment argues that the uncertainty surrounding the fate of Inside the NBA can be avoided for other shows if parties navigating evolving broadcasting technology embrace ADR to resolve disputes and come to see eye to eye.

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