wps exhibits 1-15

Upload: beau-dure

Post on 06-Apr-2018

229 views

Category:

Documents


0 download

TRANSCRIPT

  • 8/3/2019 WPS Exhibits 1-15

    1/81

    EXHIBIT 1

  • 8/3/2019 WPS Exhibits 1-15

    2/81

    gicJack dials wrong number in legal attack on Boing Boing - Boing Boing http://boingboing.net/20 I0/02/23/magi cjack-dials-wro

    --------------------------

    D O WN lO A D m E lO G IS TIC S @ ID E

    REA CH 220 C OU NTR IES A ND TER RITO RIES W OR LD WID E.LEARN 16 W AYS LOG IST ICS CAN GROW YOUR BUS INESS . :9 E QL O G I S T I C S 1 -

    l I a 1 R 1 l 1 a i D I I F E A T U R E S R E V IE W S V ID E O S C IE N C E G W E E K B -S ID E A R C H IV E S U B M IT M O R E

    M a g ie J a e k d ia l s w r o n g n u m b e r in l e g a l a u a e k o n B o i n gB o i n gBy ROB BESCHIZZAAT 7:00 AM TUESDAY, FEB 23

    Gadget maker MagicJack recently lost a defamation lawsuit that it filed against BoingBoing. The judge dismissed its case and ordered it to pay us more than $50,000 in legalcosts.The Florida-based VOIP company promotes a USB dongle that allows subscribers tomake free or inexpensive phone calls over the internet. I posted in April 2008 about itsterms ofservice-which include the right to analyze customers' calls-and various iffycharacteristics of its website.We had no idea that it would file a baseless lawsuit to try and shut me up, that CEODan Borislow would offer to buy our silence after disparaging his own lawyers, or thatMagicJ ack would ultimately face legal consequences for trying to intimidate critics.Atseveral points in the process, we could have taken a check and walked away: as it is,the award doesn't quite cover our costs. But we don't l ike being bullied, and we wantedthe chance to tell anyone else threatened by this company what to expect.The post was titled "Magiolack's EUL,\ says it will spy on you and forceyon intoarbitration." This EULA, or End-User Licensing Agreement, concerns what subscribersmust agree to in order to use the service. I wrote that MagicJack's allows it to target adsat users based on their calls, was not linked to from its homepage or at sign-up, and hasits users waive the right to sue in court. I also wrote that that Magiclack'swebsitecontained a visitor counter that incremented automatically; and that the websiteclaimed to be able to detect MagicJacks, reporting that ' 'YourMagicJack is functioningproperly" even when none are present.In the lawsuit, filed March 2009 in Marin, Ca., MagicJack alleged that these statementswere false, misleading, and had irreparably harmed MagicJack's reputation by exposingit to "hate, ridicule and obloquy." The lawsuit demanded removal ofour post andunspecified damages. Italso alleged that I am a professional blogger.Published in the gadgets section ofour site, the post didn't criticize the service or the

    IName r e qu i re dIEmail* 0 P le as e s en d m e lP S e ma il c on ta in in g v id eo Iw .i te pa pe rs , a ndw eb in ar s o n how log is t ic s c an h el p b us in es se s g ro w a nd c om pe te .

    !-----------i I I D i A ! l l ID i A I : = . " : : : ._ _ _ _ _ _ _ _Feil!i 0,1;tea.wred stones at)My LIFE SCOOP'

    Sustainable Materials:indispensable, impartialpopular engineering book onthe future of our built andmade worldTest driving the Mitsubishi ielectric car

    The Freedom Maze: adifferent sort of slavery-timealternate history

    +- T H IS IS A N A DT H IS IS T H E H A R D -W O RK IN G S T A F F

    11/20/2011 5

    http://boingboing.net/20http://boingboing.net/20
  • 8/3/2019 WPS Exhibits 1-15

    3/81

    gicJack dials wrong number in legal attack on Boing Boing - Boing Boing

    gadget itself, which works very well. Though just 200 words long, it soon came upamong search results for the company's name. It was also reposted on Boing Being'shomepage by CoryDoctorow, under the title "MagicJack net-phone: swollen pustule ofcrappy terms of service and spyware."Boing Boing has a long history ofcovering EULAs and related issues; we're also nostranger to legal intimidation. Believing that the suit sought to exploit the trivial matterofthe website counter to silence our discussion ofthe more important issues, we foughtback. Our lawyers, Rob Rader, Marc Mayer and Jill Rubin ofMS&K,determined that itwas a SL'li'P lawsuit: a strategic lawsuit against public participation. In such a lawsuit,winning is not the main objective. Instead, it is crafted to harry critics, not least withthe high cost offighting a lawsuit, into abandoning their criticism. New York SupremeCourt Judge J. Nicholas Colabella wrote that "short of a gun to the head. a greaterthreat to First Amendment expression can scarcely be imagined."California led the way in fighting such lawsuits, passing an anti-SLAPP statute in 1992.This allows defendants to file a special motion to strike complaints leveled againstconstutitionally protected speech--and to recover costs. Accordingly, our lawyers filedsuch a motion, which forced MagicJack to show it would have a 'reasonable probability'ofprevailing ifit went to trial.After it failed to do so, a California judge dismissed MagicJack's suit late last year. Shenoted that in i ts complaint, MagicJack essential ly admitted the very act it claims to bedefamed by."Plaintiffs own evidence shows that the counter is not counting visitors to the websiteas a visitor visits the site," wrote Judge Verna A. Adams. "Instead, the visitor is seeingan estimate .... As to the statements based on the EULA, such statements, read incontext, do not imply that the plaintiff is eavesdropping on its customers calls. Instead,the statements clearly constitute the opinion ofthe author that analyzing phonenumbers for purposes oftargeted advertising amounts to "spy[ing]," "snoop[ing]," and"systematic 'privacy invasion."After the dismissal ofthe lawsuit, MagicJack CEO Dan Borislow apologized and told usthat his lawyers, Arnold & Porter, did not fully disclose to him the weaknesses in hiscase or properly analyze California law. During negotiations, we were surprised whenMagicJack agreed to a settlement of our legal costs, then backed out.We would not agree to keep the actual legal dispute confidential under anycircumstances. However, we offered not to publish details ofour legal costs or theirsettlement ifBorislow would donate $25,000 to charity. MagicJack, however, offered topay our legal bil l only ifwe'd agree to keep the whole dispute confidential ; when werefused, Borislow wrote that he would 'see us in court.' Nonetheless, we're happy withthe outcome. The irony for MagicJack is that the proceedings are public record, so thesilence it sought was effectively worthless.MagicJack's relentless television infomercials are a staple of cable television. The gadgetitself, no larger than a 3G modem, earned praise from gadget reviewers and opprobriumfrom Florida's attorney general.According to Wikipedia, the Better Business Bureau ofSoutheast Florida has receivedhundreds of customer service complaints, primarily related to difficulty returning theproduct under the 30-day guarantee and the longtime lack ofan uninstaller. In2008,its grade with the Better Business Bureau was reported to be "F." According to thebureau, this rating is assigned to companies under the following circumstances: "Westrongly question the company's reliability for reasons such as that they have failed torespond to complaints, their advertising is grossly misleading, they are not incompliance with the law's licensing or registration requirements, their complaintscontain especially serious allegations, or the company's industry is known for itsfraudulent business practices."MagicJack currently has an A- rating after becoming an 'Accredited' BBBpartner in2009. At the time ofits failing grade, however, Borislow dismissed the Better Business

    http://boingboing.netl20 10102/23/magicjack-dials-wro

    Jason WeisbergerPublisher-at-LargeKen SniderSysadminDean PutneyDeveloperAntinousLead ModeratorAvram & FeltonModeratorsEric MittlemanVideo EditorTerry ThurlowFinanceEd SzylkoInsuranceJohn BattellePartner

    Futura 01 Sclanca 2021

    Posted by David - Comment

    A11 F O l lO W U S : T W IT TE R A N DF A C E B O O KS UB SC R IB E : D A IL Y E M A i l A N DH S SC O NT AC T U S F A Q P O LIC IE S

    11/20/2011 5

    http://boingboing.netl20/http://boingboing.netl20/
  • 8/3/2019 WPS Exhibits 1-15

    4/81

    gicJa ck dia ls w rong num be r in le ga l a tta ck on B oing B oing - Boing Boing http:/ /boingboing.netJ20 10/02 /23 /mag ic j ack-dials-wron

    Bureau's system as meaningless: "Ihave Comcast cable in my house; they are rated anF. I use Sprint on some of our phones; they are rated an F. My bank, who I have beenwith forever, Colonial Bancorp, is rated an F. The list is endless." The BBB's 'TrustLinkrating' gives it only two stars out offive.In December 2008, MagicIack filed a $1,000.000 lawsuit (docket) against competitiorsJoiphone and PhonePower, who linked to a blog post by a Singapore-based bloggerwhose own discussion of the product echoed ours: "Magic Jack (sic) will spy on you andforce you into arbitration," Vinay Rasam headlined a post at now-vanished sitevoipphoneservices.org. In that case, MagicJack's legal rationale was trademarkinfringement, false advertising and violation ofthe unfair trade practices act.In April 2009, Magiclack reached a settlement with Florida's Attorney General afterclaims it charged customers for services during the 'free' trial period. The company paidthe state's costs and made no admission that it broke the law. Investigators in the casefound that MagicJack's product had limitations that were not properly disclosed, andthat the company did not respond adequately to customer complaints.The BBB in Florida lists a corporate number for MagicJack, but while the customer caredepartment has a webchat service, it does not appear to have a public telephone numberofits own.

    PDFs of central legal filings:Summons and Commplaint [MJ's lawsuit]Motion to Strike [Our anti-SLAPP move]Ruling granting SLA.PP[Judge rules against MJ]Motion for Attorney's Fees and Costs [Our legal fees]Judgment [Happy Ending]

    Read other interesting legal documents related to the case (including a motion in whichMagicJack claims to be 'not in the public eye') at our Magiclack legal documents post.Photo: The gavel photograph is from bloomsberries' photostrearn.T A G S : V O I P

    o Uke203 2 12 points

    R O B B E SC H IZ Z AFollow me on Twitter.

    , _ P re vio us post! Next post! -"

    Comments for this page arc closed.

    S h o w in g 0 c o m m e n tsSort by] Oldesttirst C'1Subscribe by email W Subscribe by RSS

    Real-time updating is enabled.Where not otherwise specified, this work is licensed under a Creative Commons Licensepermitting non-commercial sharing With attribution. Boing Boing is a trademark ofHappy Mutants LLCin the United States and other countries.

    11120/2011 5

    http://boingboing.netj20/http://boingboing.netj20/
  • 8/3/2019 WPS Exhibits 1-15

    5/81

    EXHIBIT 2

  • 8/3/2019 WPS Exhibits 1-15

    6/81

    Equalizer Soccer - New Freedom owner's ambitions: South Florida, team identity change ...Page 1 of 11

    WPS TRANSACTIONS ABOUT PARTNERS WOMEN'S WORLD CUP GUIDE

    W P S U S W N T N C A A W O M EP L A Y E R B L O G S C U L T U R E

    N E W F R E E D O M O W N E R 'S A M B I T I O N S : S O U T H F L O R I D A , T E A MI D E N T I T Y C H A N G E A N D M A R T AJEFF KASSOUF DECEMBER 4,2010 2Dan Borislow, the new majority owner of the Washington Freedom, is ambitious. Really ambitious.

    Friday, Borislow, the founder of the Internet telephone company magicJack, took the time to explain some ofhis plans for the club. He said he plans to have the team split its home games between the MarylandSoccerPlex and a South Florida venue to be named later. Borislow is based out of Palm Beach County. Aspart of that, he says the team will be rebranded into som~ variation of magicTalk FC, "or something likethat." It sounds as if the Freedom name will be no more.

    Among his ambitions is signing Marta, which would bring the world's best player to a greater Miami areaheavily populated by Brazilians. Borislow said he plans to be a player-friendly team willing to pay for thebest and he also spoke of taking the team on a world tour in the WPS offseason.

    Neither the name change nor potential to play in South Florida has been made official or confirmed byWPS. While the team's identity is fully in the hands of Borislow, playing games out of market would requireapproval from and interaction with WPS. Again, none of the below changes have officially happened orbeen confirmed by WPS, but the interview sheds light on Borislow's intentions to truly overhaul the team.

    Saturday morning, Dave Topp reported that the NASL's Crystal Palace Baltimore plans to take the 2011season off and revamp for 2012, including building that joint stadium with the Washington Freedom that TheEqualizer reported on in July. How that would factor into Borislow's desire to tap into the South Floridamarket remains to be seen. See my interview with Borislow below:

    Jeff Kassouf: 50 what got you involved with the Freedom? What got you into WP5?

    http://equalizersoccer.coml2010/12/04/new-freedom-owners-ambitions-south- florida-tea... 11/2112011

    http://equalizersoccer.coml2010/12/04/new-freedom-owners-ambitions-south-http://equalizersoccer.coml2010/12/04/new-freedom-owners-ambitions-south-
  • 8/3/2019 WPS Exhibits 1-15

    7/81

    Equalizer Soccer - New Freedom owner's ambitions: South Florida, team identity change ... Page 2 of 11

    Dan Borislow: Well, I've been around soccer for the great majority of my life. I'm 49-years-old, I still playthree times a week and the league had a problem with three teams and I wanted to make sure that theleague would go on and be successful in the future. And in South Florida we have obviously a lot of SouthAmericans down here - Caribbean, Haiti, so on and so forth. So, it could be a pretty good place to put ongames with some of the Hispanic players that are in the league so we wanted to give it a shot and see howwe do on attendance down here as well. It's really the love of soccer and the ability to expand my brandname into the soccer community.

    JK: So when did you first start talking to the Freedom?

    DB: It happened very quickly - just a couple of weeks ago really. And they were very easy to deal withwith. The Hendricks are also people that are extremely committed to soccer and that's why I have verymuch similar goals. They took it thisfar and fortunately or unfortunately, these teams have to havecorporate sponsors and to date that's been a problem. I think once the league can do better withsponsorship the league will be on much better footing.

    JK: So your initial contact was only a few weeks ago or that is when things really developed?

    DB: No, just a few weeks ago. I was reading stories that the league was having issues. I've always beeninterested in the league and there were a couple of teams that were reported. San Jose is a little far away.I'm from Pennsylvania. I lived 38 years there and I felt the DC area was a good area for me.

    JK: And you are looking to call the team magicTalk Fe or some variation of that?

    DB: Yea, SC or FC or something like that.

    JK: And that would remove any type of city affiliation in the name?

    DB: Yea, it's not that we remove the affiliation but it would be hard to call it Florida and DC. But there wouldstill be an affiliation with both areas, but it was just hard to name it both cities; both areas.

    JK: You are looking at an equal split of the home games?

    DB: That is the idea so far.

    JK: And would the Washington venue still be at the Maryland 50ccerPlex?

    DB: Yes, same location.

    JK: What would the Florida venue be?Rest easy: You'll be able to view USWNT matchesWomen's soccer players connect through faith

    http://equalizersoccer.coml2010/12/04/new-freedom-owners-ambitions-south-florida-tea. .. 11/21/2011

    http://equalizersoccer.coml2010/12/04/new-freedom-owners-ambitions-south-florida-tea.http://equalizersoccer.coml2010/12/04/new-freedom-owners-ambitions-south-florida-tea.
  • 8/3/2019 WPS Exhibits 1-15

    8/81

    Equalizer Soccer - New Freedom owner's ambitions: South Florida, team identity change ...Page 3 of 11

    DB: Anywhere from North Palm Beach down to Miami. Like I said, this happened very quickly. I haven'tbeen able to even start to negotiate with the venue or recruiting of players - all that kind of stuff. The teamwas being slowly winded down - or actually, quickly winded down - and I had to wind it back up again inmaking it a going entity again. And I'm introducing two product services in my own company right now so Iam really, really busy right now. I couldn't do this at any other time so I had to pull this deal off now. Itcouldn't wait any longer. So I found enough time to cut the deal and now I have to find the time to getpersonnel and get the team together and promote it now.

    JK: You don't have any specific venues in mind for the South Florida market then?

    DB: There are two universities down here that were previously begging me to get a professional team andthey would give me whatever I wanted, so I don't think it will be an issue. It will be a grass field, that's fordamn sure. It won't be a football field either. I always thoughtthat was a big mistake with teams that areplaying on a football field. That just - it doesn't look good and it doesn't represent the league very well.

    JK: What two schools are you talking to?

    DB: I 'd rather not mention the names.

    JK: Just to clarify, the split schedule will happen in 2011 or after this year?

    DB: No, it will happen this year. I want to get a feel for this. But, you know they actually did a pretty goodjob. I think they were actually second in attendance in the league and was getting a good fan base inWashington, so it would be hard to abandon Washington. They made a huge investment in DC and therewould be no reason to abandon that.

    JK: 50 the Hendricks are still involved and you will have interaction with them?

    DB: That is correct. They will be involved.

    JK: Just in more of a minority stake in the team?

    DB: Yea, they actually - you can tell they do it for the love of the kids and for soccer. That only goes so farwhen you are losing millions of dollars per year. And it shouldn't be anybody's individual burden to keep italive, so you have to salute them for taking it this far. They are very honorable people and the deal cametogether pretty easily. They have been very easy people to work with so I am sure they are going to begreat partners.

    JK: As far as the current team - staff and players - are you looking to keep the core together?

    DB: My idea is to build this team to be the best it has ever been. We will be going after the best players and

    http://equalizersoccer.coml2010/12/04/new-freedom-owners~ambitions-south-florida-tea... 11121/2011

  • 8/3/2019 WPS Exhibits 1-15

    9/81

    Equalizer Soccer - New Freedom owner's ambitions: South Florida, team identity change ...Page 4 of 11

    maybe even some new players in some different countries as well.

    JK: And will you be looking to utilize the staff already there that has experience in the league?

    DB: You know, the league kind of cut back on expenses. It was a necessary thing and I don't think it willchange the performance at all by cutting some people. It was first put together as if there was going to be alarger fan base and things like that and there was just too many people. The same goes on with not onlythe league but the team as well. We'll be cutting back on staff for sure. We also have a large staff, so we'llbe cutting back on staff but I think we'll be on the high end of the pay scales for the players. So anythingthat we might cut back on the staff, we'll be paying that much more to the players' salaries. We plan onbeing very, very player friendly.

    JK: And one of those staff positions you have to worry about is general manager with Mark Washoleaving.

    DB: Like you said, Mark is transitioning. Like I said I have only been doing this for a couple of weeks and Ididn't even know if it would close. And now that it closed (Thursday) now I have to go out and see what Iam going to do now. But it happened so quickly and like I said, I didn't even know if it was going to close soI didn't want to start making promises and making commitments to anybody until it was done. Now that it isdone, now we are going to start working on it.

    JK: What are the challenges you see with playing in a split market? Are you looking to have staff inboth spots or staff that travels?

    DB: I don't know. Do the Packers still play at two fields? I think they used to play at two different fields aswell. And there is still one other team that played up in Toronto and had huge attendance (Nov. 7 theBuffalo Bills hosted the Chicago bears at the Rogers Centre in Toronto, drawing 50,746 fans). Detroitmaybe. We are going to experiment a little bit. Changes have to be made in the league and you have toexperiment to see what works. And yea, maybe split schedule isn't the way to go but we won't know untilwe try.

    JK: You mention trying to be player friendly and wanting the best talent. Marta is the best player inthe world and she is on the open market. Is she on your radar?

    DB: She is.

    JK: Have you spoken with her or her agent at all?

    DB: I'd rather not say, but I would - we really want Marta on the team and I am going to try my best to gether.

    http://equalizersoccer.coml2010/12/04/new-freedom-owners-ambitions-south-florida-tea... 11/21/2011

    http://equalizersoccer.coml2010/12/04/new-freedom-owners-ambitions-south-florida-tea...http://equalizersoccer.coml2010/12/04/new-freedom-owners-ambitions-south-florida-tea...
  • 8/3/2019 WPS Exhibits 1-15

    10/81

    Equalizer Soccer - New Freedom owner's ambitions: South Florida, team identity change .,.Page 5 of 11

    JK: Does the big Brazilian community in Florida influence that at all?

    DB: Well there are two million Brazilians in South Florida, so if Marta should play anywhere in the country itshould be South Florida. I think the international players are very, very important for the league. They arethe best players and they put the best product out there. I actually am disappointed that we can only use sixinternational players. It should have been unlimited because this is the league of the world. Besides gettingas many good players on our national team I am definitely looking for the best players in the world. Whatwe want to do at the end of this season is take the team on a world tour and play against other nationalteams. And when I have an international player they will actually go on their own national team. My ownplayers will play against us in at least one game. That's why I think we should have more internationalplayers and really promote the league throughout the world. I think it's really important to do that.

    JK: The last two teams Marta has been on have folded and she demands a high salary. Does thatfactor into your decision at all?

    DB: The only risk I have is how the other players feel about it. I think if the players want to play with Martathan they have to know what comes with it. At the end of the day it is really going to be my players' decisionand I think they understand. Look what happened when you got rid of Wayne Gretzky out of hockey. Theattendance and a lot of things went down from there. These players in any sport only come along once in alifetime. Michael Jordan, Wayne Gretsky, Marta - people need to see these players play at their bestagainst the best teams. You don't want to waste - especially for soccer, to promote female soccer peoplehave to know it is the real deal. But I think she is very important to play in the league.

    JK: And you would be fully committed to paying whatever she is looking for?

    DB: I am committed to getting a deal done.

    JK: Abby Wambach is also under contract. Does that influence that decision at all?

    DB: I've asked Abby if she wants Marta on the team and she said, "yes." So that's alii needed to hear.Abby, she is a fantastic player. She has come up with injuries from a little while ago and I expect that she isgoing to have a great season and very well could score more goals than Marta next season.

    JK: And you are hoping that is side by side?

    DB: Wouldn't that be fun to watch? And that is exactly the point. There is one other player who I think isphenomenal and that is young and I don't want to say who it is but we'll be going after her too.

    JK: I know you just got this worked out, but a lot of fans are looking for long-term commitment. Howlong do you see yourself in this for?

    http://equalizersoccer.coml2010/12/04/new-freedom-owners-ambitions-south-florida-tea... 11/21/2011

    http://equalizersoccer.coml2010/12/04/new-freedom-owners-ambitions-south-florida-tea...http://equalizersoccer.coml2010/12/04/new-freedom-owners-ambitions-south-florida-tea...
  • 8/3/2019 WPS Exhibits 1-15

    11/81

    Equalizer Soccer - New Freedom owner's ambitions: South Florida, team identity change ...Page 6 of 11

    DB: I think there is a core group that is really committed and we are committed to taking it on to aninternational level and creating interest. And if I do a good job with that with a good team then we should beable to get more TV dollars and more sponsorship and that is how you build a business. You invest in it,you lose money in the beginning and you hope it has returns later, and that is exactly what we are lookingfor. I hate to call it a business, especially just jumping in. But that has been part of the problem, that youhave to think of this as more of a passion and love, which I have both for soccer. You also have to say, okthis is a business. You also have to treat it like that and treat it like any other business.

    JK: So how long have you signed on for?

    DB: Forever. I'm just like any other owner now.

    JK: So there is no term of contract in this deal?

    D!3: No, I'm just like the other five, six owners now.

    JK: What are your expectations for 2011 then? We talked about on the field, but what about off ofit? Some teams are losing $1.5 million or $2 million in a year.

    DB: I expect this to be a huge promotional year with the World Cup. I expect that we will lose a certainamount of money this year, but I expect that the attendance will climb pretty good from this year to two yearsfrom now. Next year will be a growing year for us. It will be an experimental year. And I think it is going tobe very exciting to take this team on a world tour after the regular season.

    JK: Do you have a figure you expect to lose?

    DB: Well the league has been cut back substantially. There's been a lot that's been cut back where theinvestment just wasn't panning out. You had this employee doing this and this employee doing this but allthey ended up doing was creating expenses and not revenue and income. You have to get the expenses inline with them. The league's been doing that, the individualteams have done that and we expect that losseswill be below $1 million this year.

    28 Comments... read them belowJeff said...WPS does have final authority on the issues, but the league is not contesting the name change or the move (as ideas -just have to be executed properly).Tom Trexler said...Doesn't the WPS have a say inthis? Ifthis idiot is allowedto go through with these ludicrous plans itwill be the end of tfranchise and probably the end of the WPS! I'm totally aghast! I might puke!Lindsay said...I don't even knowwhat to say. I am so disappointed to hear that this new investor is a joke. This is absolutely ridiculousWPS allows this to happen then I would like a refundfor my season tickets please! I was proud to supporttheWPS andFreedomwhen itwas about grass roots women's soccer. Now, there is the potential that this historic teamwill be chang

    http://equalizersoccer.coml2010/12/04/new-freedom-owners-ambitions-south-florida-tea... 11/2112011

    http://equalizersoccer.coml2010/12/04/new-freedom-owners-ambitions-south-florida-tea...http://equalizersoccer.coml2010/12/04/new-freedom-owners-ambitions-south-florida-tea...
  • 8/3/2019 WPS Exhibits 1-15

    12/81

    Equalizer Soccer - New Freedom owner's ambitions: South Florida, team identity change ... Page 7 of 11

    name as part of an advertising ploy? Apparently money really can't buy happiness. I hate to say it but I almost think I'd 1our team fold than be rebranded into a JOKE!Mike said ...I named my baby son Magic Jack two weeks ago. Maybe I will have to change it to something else now. Perhaps a bett,option would be Marta.

    Annoyedfan said ...This is crazy!!! You don't change a team name to something like Magicjack that is like advertising a product not a profesteam name. Washington freedom have been along a long time and you can't just change it. They belong in the Marylanwhere they have been! This is ridiculous! And spliting there home games is even crazier. No one plays home games instadiums. And FCGP folded because one of there problems where traveling costs, I bet all the teams would love to go tFlordia for a team that is supposed to be in DC. Just because this guy is in Flordia doesn't mean the team goes to him,needs to go to his team. Abby is a million times better then Marta in my opinion and I don't think it would be good if they,Played side by side. So mad after reading this. Its just CRAZY!Tony said ...I was very excited when I heard the news that the Freedom had an investor and would be playing in the spring and notso many teams have this off-season. I am a 3-time season ticket holder and support the Freedom in every way I can. Areading this interview I am outraged to hear of a possible name change and the idea to turn our players into moving billlfor MagicJack. The Washington Freedom is charter club that was started in the original WUSA league and has such hiswith great players such as Mia Hamm, Siri Mullinix and so many more. The Washington Freedom is an institution in theWashington DC women's soccer community much like the Redskins are to it's football fans. All I keep hearing here is SFlorida - South Florida - South Florida. Mr. Borislow the Washington Freedom is our Team, a DC team KEEP THE NAIAND KEEP THE FREEDOM IN WASHINGTON!!! !syed said ...Ohh, come on, Marta on Freedom jersey? give a break!, more over, Abby don't need Marta on her side, and I don't likeidea of marta play along side with Abby. TWO (2) teams have fold the operational, LA Sol & FCGP, when Marta on the'NO Way Jose, (Mr Got MagicJack?), Washington Freedom is better off without Marta, (get other players not marta?), atWashington Freedom is for DC, VA & MD area, Freedom stay HERE in DC! period!. Football (Soccer) Business is NOTSAME AS (GOT) Magic Jack, and Freedom have already have Strong Fan base, what else you need? Freedom 4 Life!!Live Washington Freedom, DC, VA & MD area!augusto said ...Fan action and attitude is a good thing and idols are a must in today s sport. Fans afraid of 'bad luck' even more. Lisa, }'we got two ways left here: convincing ur idol Abby to go to BB or convincing her how bad or unlucky it is having martaside instead of against. .lisa said ...This is total crap. Brazillians rule now? WTH is that BS? Marta and Abby, get a life. Abby is the best and Marta is bad luKeep the Freedom in DC. Keep Marta away from Abby. I will not support a FL team. I love Abby and now wish she wouhave just gone to NY. I'd change teams. Tell this guy to stop smoking crack, get his head out of the clouds, and get a glreality. Geesh!!PelePalmBeach said ...If anyone can make this work, Dan Borislow is the man. He has an absolute passion for soccer and specifically women'soccer. He has the resources and connections to make it firsttcss. His marketing expertise will put people in the seat anexpand the reach of soccer to a level not before seen. I wish him well and much success Warmly, PelePalmBeachaugusto said ...Now seeing it once more by the bright side. In the universe of such a shaken, misty dream as is womens fut, why not orfurther dreamer, one further visionary poet?Bev said ...Will I show up in 2011? Most likely ... I have season tickets already. But if we ended up with 6 home games in MD and idifficult to watch my team on the road as it has been in the past, 2012 will most likely be a different story. If I hadn't alre,paid in full for my season tickets I don't know that I would be looking to renew now; I'd probably be waiting to see what tDan The Jack is going to do ... and I really think having 'jack' in a team name is just a bad idea ... I used to say Iwould

    http://equalizersoccer.coml201 0/12/04/new- freedom-owners-ambitions-south- florida-tea... 11/21 /2011

    http://equalizersoccer.coml201/http://equalizersoccer.coml201/
  • 8/3/2019 WPS Exhibits 1-15

    13/81

    Equalizer Soccer - New Freedom owner's ambitions: South Florida, team identity change ...Page 8 of 11

    season tickets for the Freedom as long as they were around. I guess Dan will make it possible for me to keep that promand sti ll walk.Jeff said ...Admittedly the coaching subject was not touched upon. These new developments took up our entire chat, and it soundsBorislow is yet to be fully integrated into such day-to-day stuff as finding a coach. The real question is this for Freedom',Will you still show up in 2011 should these changes take place?Denise said .Denise said Wow. This guy is out of his mind. Like everyone else has been saying, its great to see an investor who'senthusiast ic about helping and support ing WPS, but some of this guy's ideas are insanity. Changing the WashingtonFreedom's name? You've gotta be kidding me. Magic Talk FC? Is this guy on crack? I like what Ingridium said, and I agwith them. Use Magic Talk as a sponsor!!! Not the team name! Like Ingridium said Man Utd. Isn't AON Utd! Totally ridicBut, don't even get me started on the whole split home games business. That is NOT going to help the league, the teanthe players. Do you know how tired the players are going to be? That's ridiculous. And, it'll cost money to travel down tcFlorida, and not to mention the fans who bought season tickets! The whole Marta thing ... doubt it'll happen. Marta costsof money, and considering the fact that the Freedom just got saved from being a potential goner ...why are you gonna Slmoney on her? While it would be nice watching Marta play alongside Abby, I don't think its the best financial idea. And rwho needs Marta when you have Wambach? I give him and A+ for enthusiasm, but the guy's out of his bird with his ide,Bev said ...WPS has been trying to develop devoted fans. Having a team with only half their home games in one location won't hellthat. This has to potential to reduce the die hard fan's ability to see their team play. Match Tracker is only fun for so lon~it's really not a fun filled family I friends kind of activity. Unless he's going to provide TV coverage for all the home gameenable the other 'half of his fan base to see games, I don't see how I'm going to be able to see them the dozen or so tirwas able to see them play each of the last two years between home and televised matches. My effort to help the team tyear was to go from two to four season ticket packages. What happens there? Will they refund half my money and sellseparate FL season ticket packages as well? I'm not even going to think about the option that my season ticket packaqtcontain tickets to games in the greater Miami area ... Methinks Mr M Jack hasn't thought much of this through.leo said ...I'm just flabbergasted. Amazing in all the wrong ways ... magicJack as a shirt sponsor = genius. magicJack as a team rulunacy. I know it is not your job to "educate" ownership as you interview them (and calling the guy batsh!t crazy to his falikely won't help you professionally) but did you at least hand him a copy of your interview wI NeSmith? Or you send hincouple of links to a few choice bigsoccer posts on viability, cost control, or you know sanity?Alyse said ...,Jeff, you didn't ask him how the coaching search is going?Khbrookes said ...This guy is clearly crazy. Or perhaps he's brilliant, having come up with such a collection of ideas, each one of which ccendanger or kill off the team, in and of itself. I wonder what his record is with his Internet company. Even if he has beensource of his own success (has he? How much risk has he played with), that's an entirely different business. Can anyorknock some sense into this deluded guy?Ingridium said ...Clearly this guy did NOT read Nancy's interview. Wow, well he may be gone in a year but hopefully someone else will sup... perhaps equally oblivious but passionate about soccer. Maybe rotating through rich guys invest ing in something thknow nothing about is the answer- maybe that'll prop up the league long enough to gain traction with sponsors. Cuttingsplitting cities, THE TEAM NAME and chasing Marta are all really horrible ideas. MagicTalk FC I SC is easily the worst ITHAT'S WHAT JERSEY SPONSORS ARE FOR!! ManU doesn't change to AON United. No respect for CREATING atradition. The vanity of "MagicTalk FC" is revolting. Keep the team name and put Magic Talk on the jersey. Maybe the w, just ain' t ready for pro women's soccer. God help us. Seriously!Jane said ...:blink: :blink: :blink:Amber said ...I am glad he is excited about investing, but he doesn't seem to have any clue what he is talking about. I can't r emember

    http://equalizersoccer.coml2010/12/04/new-freedom-owners-ambitions-south- florida-tea... 11121/2011

    http://equalizersoccer.coml2010/12/04/new-freedom-owners-ambitions-south-http://equalizersoccer.coml2010/12/04/new-freedom-owners-ambitions-south-
  • 8/3/2019 WPS Exhibits 1-15

    14/81

    Equalizer Soccer - New Freedom owner's ambitions: South Florida, team identity change ...Page 9 of 11

    where I read it, but I remember reading somewhere that the worst thing for developing sports leagues is having ownersknow nothing about the sport and I think this guy matches that description. I would like him to stay in DC, but the split h(schedule is stupid and he shouls pick one city (and FL was a horrible location for the MLS so I don't think it will work forI predict he, the Washington Freedom franchise, and the WPS will be gone after this year:(,StarCityFan said ...Okay, so he's going to rename the only professional team in North America with a ten-year uninterrupted history andpresumably change its logo (which features the Capitol Building). Then odds are that like the NeSmiths he'll decide it's Iany more, shut down, and blame the fans. I'd also like to know what's going to happen to my season tickets. I've paid fctwelve matches. With the league talking about an 18-game season and him talking about having half the home gameselsewhere, then I'm down to 5 matches, tops. I hope I get a refund on the difference.Jennifer said ...,What's he smoking? Can I get some?Gloria said ...This is a JOKE!!laura t said ...By the way, I think it's a FABULOUS idea to dramatically increase your travel costs (and the other teams') by splitting gibetween Washington and Florida. If this guy is the best the WPS could do ... Goodbye, Freedom. Goodbye, WPS.laura t said ..."Look what happened when you got rid of Wayne Gretzky out of hockey. The attendance and a lot of things went downthere." NHL League Attendance in 2000-01 (The first year after Gretzky's retirement in which all current 30 teams existe16,549 NHL League Attendance in 2009-10: 17,072 This guy's a nutjob. (http://deke.me/bBz)CoachDaugherty said ...Just a reminder to Mr. Borislow: It's taken near 16 years for the first WNBA team to turn an actual profit. I hope he truly,for the long run, because it very well could be a bumpy one.Anonymous said ...Does this guy have any idea? i'm thrilled that wps has an investor that is able to keep a team going, but i hope he undeithe realities of what the league has gone through, and what it will continue to go through. I'd say the last thing this leaqineeds is a team to coddle players. It creates a higher perception of the league's abilities to pay and provide to players tIreality. power to it if he is able to pull it off while the other teams cannot.

    POSTED IN magicJack, News, WPSAbout the author: Jeff Kassouf

    View all posts by Jeff Kassouf

    2 C OM M EN TS http://equalizersoccer.coml2010/12/04/new-freedom-owners-ambitions-south-florida-tea. .. 11/21/2011

    http://equalizersoccer.coml2010/12/04/new-freedom-owners-ambitions-south-florida-tea.http://equalizersoccer.coml2010/12/04/new-freedom-owners-ambitions-south-florida-tea.
  • 8/3/2019 WPS Exhibits 1-15

    15/81

    Equalizer Soccer - New Freedom owner's ambitions: South Florida, team identity chan... Page 10 of 11

    Seriously? This is what happens when you have a rich friend that does not care ofabout notoriety. Just gives you money to do whatever. Sadly, Dan isn't smart enough to manage himself out ofa paper bag. Wish the original owners did not sell out. I do feel bad for the Freedom. Bad timing and honestly, Iwish the Freedom/Owners did a better job finding a better, more passionate investor. Instead they threw it inthe water for the scavengers like Dan Borislow. Take a look at his charities and hedge funds where heembezzled money. This is not the type of guy that should be around our girls. As one of the commentatorsstated, I would rather let it fold than fall into the hands of a criminal. Never sell out. Stand for what you believein and it will come around.

    adam fields March 4. 2011 at 12:40 pm - Reply

    Jeff Kassouf March 4, 2011 at 3:59 pm - ReplyPLEASE NOTE: The opinions expressed by commenters in the comment section are solely the

    opinions of the commenters. The information shared and claims made in the comments section has not been

    L E A V E A R E S P O N S E Name (required) Comment

    Email (required)

    Website

    R E C E N T T W E E T S A B O U T

    http://equalizersoccer.coml2010112/04/new-freedom-owners-ambitions-south-florida-tea... 11/21/2011

    http://equalizersoccer.coml2010112/04/new-freedom-owners-ambitions-south-florida-tea...http://equalizersoccer.coml2010112/04/new-freedom-owners-ambitions-south-florida-tea...
  • 8/3/2019 WPS Exhibits 1-15

    16/81

    Equalizer Soccer - New Freedom owner's ambitions: South Florida, team identity chan... Page 11 of 11

    Crossed paths with @HoustonDynamo at LAX.Small world.at

    The Equalizer was founded in 2009 with a goal ofbringing first-class media coverage to women's soccer.Since then we've brought you breaking news, in-depthanalysis and everything you need to follow Women'sProfessional Soccer, the U.S. Women's National Teamand more. Thanks for bearing with us as we transitionthe site into its new and improved state.RT @jenna_awk Now on AWK: U.S. Soccer HoldsOff On Sanctioning WPS, Gives Time to Find SixthTeam

    @niksusnybor I've seen it talked about a lot, but Idon't see that ever working, honestly. Not at thislevel. Maybe W-League or WPSL.

    Bill Plaschke chimes in: http://t.co/aZJy5rEE Iremember a short time ago when shows likeAround the Horn gave NO love to soccer.#MLSCup

    Signing off for the evening following a spectacular#MLSCup. Beckham to Keane to Donovan was thedifference tonight. Quite the story.

    Follow me on Twitter

    Copyright 2011 - The Equalizer. All rights reserved.

    http://equalizersoccer.coml2010112/04/new-freedom-owners-ambitions-south-florida-tea... 11/21/2011

    http://t.co/aZJy5rEEhttp://equalizersoccer.coml2010112/04/new-freedom-owners-ambitions-south-florida-tea...http://equalizersoccer.coml2010112/04/new-freedom-owners-ambitions-south-florida-tea...http://t.co/aZJy5rEE
  • 8/3/2019 WPS Exhibits 1-15

    17/81

    EXHIBIT 3

  • 8/3/2019 WPS Exhibits 1-15

    18/81

    magicJack Owner Dan Borislow Responds to Punishments, Violations, and More Page 1of 13

    Home About/Contact WWC Guide E-Magazine SubscribeAll White KitA women's soccer fan site

    magicJack Owner Dan Borislow Responds toPunishments, Violations, and Moreby Jenna Pelon May 12,2011The following is a transcript of Dan Borislow's answers taken from an email correspondence earliertoday. He addressed the punishments and violations outlined in the post below and in The ECJuali_zer's_ort. Borislow also lent some insight into other issues that have surrounded the team in recent months.Other than several grammatical edits, Borislow's quotes are published verbatim.

    Ed. note: Borislow says he found out about the point penalty after news reports initially surfaced.His response is as follows:First of all I had no idea about a point penalty assessed to me. The league obviously has a leak and hashad one since I started with them. In my book, we call people like that infidels.

    The sign boards:Let me give you an example of a few problems of the very poor business practices of the league and itsbad deals. They did a deal with a field board company, whom alleges they have a deal with the our teambut definitely has some type of agreement with the league. I went to negotiate a deal and when Iaccepted it, they said the deal changed. They then said if you don't do our deal, we will charge you150%penalties and/or interest charge. I told them I don't do deals with organized crime. How does theleague possibly subject its teams to this?

    On the violation regarding the team's non usage of Match Analysis:Match Analysis is an unneeded expense. A video of the game would be much less expensive. Theamount of hits it gets is weak.

    The stadium:

    http://www.allwhitekit.coml?p=5929 10124/2011

    http://www.allwhitekit.coml/?p=5929http://www.allwhitekit.coml/?p=5929
  • 8/3/2019 WPS Exhibits 1-15

    19/81

    magicJack Owner Dan Borislow Responds to Punishments, Violations, and More Page 2 of 13

    They knew everything about the stadium and the problem we had getting one on such short notice. Theynever raised one objection and congratulated us on getting it. It has been perfect so far and a great placeto play. There is a new stadium being built there for next year that seats 30k or something like that. Itisgrass and in great shape. The width is the same as a few other teams and the recommended size.

    The website:The website, there has been a transition of people in the league and my people who are real pros havehad problems accessing the site and building it out. It is not as common as other software being used forsites. I anticipate it will be better next week.

    On the team's relocation:The league did everything they could to lure me into saving them. I was allowed to play in South Floridaas well as the DC area. So when I got in, they tried to steal the Washington Freedom name and said goplay in South Florida. I told them I was fine using the uniforms made already, but they insisted tochange them. Then I get a bill for this, when no other team got charged for uniforms. I refuse to pay.The league and its sponsors told me they wanted us only playing in South Florida.

    On the penalties issued by the league:If they can't beat us on the field, I guess their only chance is to beat us off the field. I am sure they wantto have the games on these embarrassing football fields with artificial turf when they take away all ourpoints. Our team will play better as underdogs, because our women and most of the other players in theleague thrive on being an underdog. I wonder how the other players on the other team will feel about notcompeting on a level playing field?Tony D wears Adidas shoes to the game, but some of my people had unidentified clothes on and we gethit with a fine. The Boston player says we have the worst field (they must play on concrete in England)to a reporter and they do nothing. Our field is one of the top two. The Philadelphia coach says theofficiating is terrible (it is) and they do nothing.

    In other news, Hope Solo's Twitter feeo__as mysteriously vanished. The league has released thefollowing statement:"WPS encourages the players and personnel in the league to use social media to their advantage torepresent themselves, the league and the game in a positive manner. We do not have any 'editorial'control over individual twitter pages and were not involved in the recent purge of tweets on Hope'spage."

    Send to Facebook

    http://www.allwhitekit.com/?p=5 929 10/24/2011

    http://www.allwhitekit.com/?p=5http://www.allwhitekit.com/?p=5
  • 8/3/2019 WPS Exhibits 1-15

    20/81

    magicJack Owner Dan Borislow Responds to Punishments, Violations, and More Page 3 of 13

    L I Tweet This Post{ 24 comments ... read them below or add one}

    How soon until Eileraas responds?Are they planning to play in Florida Atlantic's football stadium next year?

    Dani May 12, 2011 at 8:03 pmThis dude has all the makings of a serial killer.

    Kilted Ref May 12,2011 at 8:11 pmWell I for one am totally dumbfounded by these comments. I don't know why I should beconsidering all that has happened. His responses just don't add up. As a former season ticketholder (field level), we were once promised the folding chairs that we used on the field. Of coursethat, along with other promises were forgotten as time went on. I contacted folks at the SoccerPlexand the now minority owner's management group and was told that "everything" that belonged tothe Freedom was transfered to the new owner. I can only assume that this would include thingslike the sponsor's sign boards, but then I'm speculating. Of course I can't see the folks at theSoccerPlex wanting any of this material or wanting to store any of it either, if they were not goingto be paid for it.I believe it was his intention to move the team from the beginning, as there was no effort to extendthe the lease at the Plex. I sincerely doubt that the league would believe it was in the best interestof the league to move a team that had an average attendance of over 2500 to a stadium that wouldhold less than 1000 unless they felt that they were over a barrel. Itdoesn't make financial senseand the league is about making money and surviving.This owner can continue to blame others for anything that doesn't fit the way he thinks it should,but he has only himself to blame. Sure he came late to the table, but he should be honest and statethat he was way over his head. If he was as smart as he wants to be, he would be looking for thebest management team possible to get the team up and running. Waiting until the last minute for astadium, offering no advertising or publicity, complaining that the cost of running a game was tooexpensive, failing to decide on a team name until after uniforms were made, should I go on?????We can always second guess and back seat coach the teams and the league, but hiding behindmedia blackouts, and failing to answer legitimate questions from the fans that support the league,

    http://www.allwhitekit.coml?p=5929 10124/2011

    http://www.allwhitekit.coml/?p=5929http://www.allwhitekit.coml/?p=5929
  • 8/3/2019 WPS Exhibits 1-15

    21/81

    magicJack Owner Dan Borislow Responds to Punishments, Violations, and More Page 4 of 13

    teams and players is a slap in the face of the fans that pay for this entertainment. Some may saythat the owners pay the players, but in reality, it's the fans that pay in some form or fashion. Ifthere was no fan base, there would be no sponsors, and such no league, and no teams. While theremay be a few individuals that could afford to run a team without outside support (free games),most owners and investors, would like some return on their investment no matter how much theybelieve in the program and desire it's growth.

    MrTuktoyaktuk May 12,2011 at 8:30 r u nWhy do I get the sense that the only due diligence the league did on this guy was to see if hischeck cleared. He's likely to eventually tell the league to shove it and then they will have todecide. Or he'll just quit and go on to some other diversion like monster trucks or lacrosse or discgolf.

    Considering the state of WPS, that's about the only due diligence they can afford. Itwaseither let Borislow have the team on his terms or shut down the league.

    adams May 12,2011 at 8:57 pmThese ranty, conspiracy theory-esque answers do little to increase his credibility. Nor does his useof words like "infidels," "organized crime," and "steal." Really, infidels? Don't go there.Obviously it is a two way street between an owner and the WPS, but Borislow does nothing toacknowledge any errors on his part. And I don't doubt that the league tried hard to get his money,but "lure me into saving them?" Nobody forced him. Did he not read what he was signing into?No other owners have ever expressed any "conspiracies" by the league like these, so it's difficultto believe him.Of course other owners and the WPS should take some blame for letting him in. I hope this can besorted out.

    TD May 12,2011 at 8:58 ru n

    http://www.allwhitekit.coml?p=5 929 10/24/2011

    http://www.allwhitekit.coml/?p=5http://www.allwhitekit.coml/?p=5
  • 8/3/2019 WPS Exhibits 1-15

    22/81

    magicJack Owner Dan Borislow Responds to Punishments, Violations, and More Page 5 of 13

    " ... represent themselves, the league and the game in a positive manor."I once lived in a positive manor. Itwasn't as nice as that affirmative chateau I stayed in, or myuplifting villa in the countryside, but it was cool.(And since I'm playing grammar nerd: Mr. Borislow should watch those "whom's." They mightlook Nice And Fancy and Official And StuffTM , but they also look really silly when they're usedimproperly ... )

    Jenna Pel May 12, 2011 at 10:43 12m/\Nice one.

    Becky May 12,2011 at 9:42pmSay it ain't so! Hope got shut down! She's the OchoCinco of the women's soccer. Fight the powersister!

    Jenny May_]2, 2_011at 11:08 12mMr. Boriscoleslaw's bizarre circus tent management/Trump puffery AND Solo's Twitter-vaporizing shtick happening at the same time is feeling a little like drinking that unwise, thirdbanana-kiwi Daiquiri.

    nick12May 12, 2011 at 11:25QllMagiclack is a 3 ring circus. Players coaching themselves, an over-zealous owner, a lost identity,and a changed location. Can it get worse?

    Soccer May 13,2011 at 1:19 am

    http://www.allwhitekit.coml?p=5 929 10/24 /2011

    http://www.allwhitekit.coml/?p=5http://www.allwhitekit.coml/?p=5
  • 8/3/2019 WPS Exhibits 1-15

    23/81

    magicJack Owner Dan Borislow Responds to Punishments, Violations, and More Page 6 of 13

    I understand what he's saying .... .look at most of the WPS Front Office .... they have mostly all leftbecause they know they needed to find new jobs because it was going down hill.I would agree that the MatchTracker gets barely any hits ....WPS isn't spending their sponsorshipmoney in the right placeAlso Borrislow is right its so annoying seeing all the football lines at boston and philly .

    WPSfan May 13,2011 at 9:15 amMatch Tracker and Match Analysis are two different things. Fans and Media can accessMatch Tracker. Match Analysis is for the WPS teams, players and WPS officials only. Eachgame is videotaped and uploaded within 48 hours so each team can watch a game in it'sentirety. Itbasically saves teams time and money from having to travel to scout a game. Itisalso a useful tool for each team to analyze their own players, i.e. touches on the ball, shotselection, balls won and lost, etc.

    Overnight update - Borislow (not verified, but not looking at all like an impostor) responded onmy site, and Solo told Jeff Carlisle she didn't delete her tweets.

    I love how Borislow says they assessed the point penalty to ME, really YOU are the TEAM now?How about to us or the team? My god the ego just keeps getting bigger. As I said an earlier post'scomments , we will never get the real story from him.I'm also sooo sad I missed the hope solo thing last night on twitter, stupid work dinner! Anyonehave any of those tweets saved? I really would love to see them, the responses I saw on twittershowed it must have been quite the spectacle.

    h May 13.2011 at I I :44 amI suspect at some point Borislow must have signed a document agreeing to operate under the rules

    http://www.allwhitekit.coml?p=5 929 10/24/2011

    http://www.allwhitekit.coml/?p=5http://www.allwhitekit.coml/?p=5
  • 8/3/2019 WPS Exhibits 1-15

    24/81

    magicJack Owner Dan Borislow Responds to Punishments, Violations, and More Page 7 of 13

    of the league and agreeing to their oversight in some way. It appears to me with his stance onvideo submissions, team websites, league relationships with sponsors and media that he is the onethat is most guilty of unilaterally trying to change the rules along the way.He appears to be some sort of criminal infidel, ..

    KT May 13,2011 at l_l_;_46_flillSo who deleted Solo's tweets? The same guy who hacked Waldo's Facebook?

    kool-aide MayJ3, 2011 at 3:02__mhahaha. Forgot about Waldo's "it was hacked" claim.

    grrljock M _ 1 ! Y - 13-,2011 at 12:02__mWow. The level of crazy is high. And this guy is a businessman? Also, I was willing to give HopeSolo the benefit of the doubt and at least consider her side of the story before this, but the lasttweeting fiasco has nudged me to being skeptical of anything she says.

    cow pasture alum May 13,2011 at 12:56 pmI will repeat what I said on another blog: I was under the impression that this WPS club was to bea loss-leader that would publicize the magicJack product, much as the New York Cosmos of theold NASL were ambassadors for Warner Communications (although that was on a much largerscale, obviously). Do you think that events of the past several days would make the typicalconsumer more or less likely to purchase a magicJack product? Borislow is really shooting imselfin the foot with respect to his principal business.

    http://www.allwhitekit.com/?p=5 929 10124/2011

    http://www.allwhitekit.com/?p=5http://www.allwhitekit.com/?p=5
  • 8/3/2019 WPS Exhibits 1-15

    25/81

    magicJack Owner Dan Borislow Responds to Punishments, Violations, and More Page 8 of 13

    All we can hope for is he doesn't fold the team in mid-season. Two management groups areorganizing teams in Cali, and hopefully Chicago will come back next year. For this year, let'slook at the positive and see how well the Western NY team has worked out. They did everythingright and are a top notch organization. I feel sorry for the DC fans who got shafted. Hopefullythey'll get a new team soon...

    Jenna Pel May 16.2011 at_9:28_QmEvery WPS franchise had to come up with a "down payment" around December of lastyear. That should theoretically prevent any more mid-season foldings.

    CW May 18.2011 at 11:38 amThe former cornerstone franchise ofWPS is in shambles due to shoddy management by Borislow.This team pulled 3000 fans a game in a sweet stadium, if you have never been to the Soccerplex,you are missing an outstanding venue for soccer. You could not get even 1000 fans in Florida tothe team's premiere game? Nice advertising Mr. Business Mogul. The team still has a half-a$$edattempt at a website - I build them it doesn't take that long to write some code and post a currentroster. Sir, if the league is poorly managed and full of "infidels" - really, you used the wordinfidels? then protect your investment and help them manage it. My concern is both as a fan and afather. My daughter and I used to attend Freedom games and she worked her tail off in her leagueto possibly play on that field someday - will the league still be there? Please WPS, remove Mr.McCourt, I mean Borislow from destroying the Freedom and bring it back home.

    Bonnie Clabber May 18, 2011 at 9:24 l2illMr. Borislow you ROCK ... give it to them!

    Leave a CommentL _:Name *I :E-mail *I iWebsite,_". _ _ ._-_.__ ....._ ....

    http://www.allwhitekit.coml?p=5 929 10/24/2011

    http://www.allwhitekit.coml/?p=5http://www.allwhitekit.coml/?p=5
  • 8/3/2019 WPS Exhibits 1-15

    26/81

    magicJack Owner Dan Borislow Responds to Punishments, Violations, and More Page 9 of 13

    Previous post: WPS Imposes Punishment on magicJack with Point Deduction, Loss of Draft PicksNext post: WPS Team News - Week Six

    SoccerPro.comCheck out soccerpro.com for the best prices on USA women's soccer jerseys and great womenssoccer shoes like the Puma Powercat 1.10. Free shipping on all orders over $65.

    WPS Standings20111.) WNY Flash 18/42 pts *Regular season champions*2.) Philadelphia Independence 18/36 pts3.) magicJack 18/28 pts4.) Sky Blue FC 18/19 pts5.) Boston 18/19 pts6.) Atlanta Beat 18/7 ptsGoals Leaders:Christine Sinclair, Marta 10 goalsTasha Kai, Abby Wambach 9 goals

    http://www.allwhitekit.coml?p=5 929 10/24/2011

    http://www.allwhitekit.coml/?p=5http://www.allwhitekit.coml/?p=5
  • 8/3/2019 WPS Exhibits 1-15

    27/81

    magicJack Owner Dan Borislow Responds to Punishments, Violations, and More

    Christen Press 8 goalsAssists Leaders:Christine Sinclair 8 assistsNikki Washington 7 assistsTherese Sjogran 6 assistsMarta 5 assists20101.) FCGP 24/53 pts2.) Boston 24/36 pts3.) Philadelphia 24/34 pts4.) Washington 24/31 pts5.) Sky Blue FC 24/28 pts6.) Chicago 24 pts/27 pts7.) Atlanta 24121 ptsFirst Round - September 19,2010Philadelphia 1 (Rodriguez 120'), Washington 0Super Semifinal- September 23,2010Boston 1 (Cheney 22'), Philly 2 (Seger 29', Adams 103')WPS Championship - September 26, 2010FCGP 4 (Sinclair 16',Wilson 28', Sinclair 53', Marta 90+'), PhillyOGoal Leaders:1.)Marta 192.) Abby Wambach 133.) Amy Rodriguez 12Assist Leaders:1.) Christine Sinclair 92.) Lori Lindsey, Abby Wambach 83.) Camille Abily, Amy Rodriguez 620091.) Los Angeles 20/41 pts2.) Saint Louis 20/34 pts3.) Washington 20/29 pts4.) Sky Blue FC 20/26 pts5.) Boston 20/25 pts6.) Chicago 20/20 pts7.) FC Gold Pride 20/18 ptsFirst Round - August 15, 2009Wash 1 (De Vanna 79'), SBFC 2 (Kai 56', Francielle 85')Super Semifinal- August 19,2009Saint Louis 0, SBFC 1 (Dowling 31')

    http://www.allwhitekit.com/?p=5929

    Page 10 of 13

    10/24/2011

    http://www.allwhitekit.com/?p=5929http://www.allwhitekit.com/?p=5929
  • 8/3/2019 WPS Exhibits 1-15

    28/81

    magicJack Owner Dan Borislow Responds to Punishments, Violations, and More Page 1 1 of 13

    WPS Championship - August 22, 2009Los Angeles 0, SBFC 1 (O'Reilly 17')Goal Leaders:1.)Marta 102.) Camille Abily, Abby Wambach 83.) Cristiane 7Assist Leaders:1.) Sonia Bompastor 62.) Aya Miyama 63.) Lissa De Vanna, Abby Wambach 5

    WLS

    Recent Commentso Devin on NCAA Soccer --:-_I_h~_EiIsl_Xl_fQLQQtQb_~I2_3,20tI-Showdown Sunda)'_o Joey Potter on On McCall Zerboni and What Could Come Next (Updated)o Mike on NCAA .s_Q~~~r-=-:North__a_[Qlina Duke Paint ACC Title Race Blue on.IhursdaxNighto Chris Henderson on NCAA Soccer - North Carolina & Duke PaiI1LA_CCTitle Race Blue onThursday Night

    o StevieBeat on NCAA Soccer - North Carolina & Duke Paint ACC Title Race Blue onThuLSQror_Night Friends of AWK

    o Daily Soccer Fixo Dave Brett Histork_Soccer Videos and DVDso Fake Sigio From a Left Wingo Graham Hayso JacgJJ~Ji!1ePlJrdyo Julie Logano NC-Soccero Our frame Magazineo Shek Borkowskio Short ShortslLong Sockso Soccer Scienceo Soccer Suffragist

    http://www.allwhitekit.coml?p=5 929 10/24/2011

    http://www.allwhitekit.coml/?p=5http://www.allwhitekit.coml/?p=5
  • 8/3/2019 WPS Exhibits 1-15

    29/81

    magicJack Owner Dan Borislow Responds to Punishments, Violations, and More Page 12 of 13

    o Sports Myriado Texas Soccero The Equalizero The Practice Fieldo Women's Soccer Unitedo WPS Talko Zonal Marking

    Archiveso October 2011o S~tember 2011o August 2011o Iyly 20jJo June 2011o May 2011o April 2011o March 2011o February 2011o January 2011o December 2010o November 2010o October 2010o September 2010o AJJgust2010o July 2010o June 2010o May 2010o Agril 20_lQo March 2010 Catch all the Women's World Cup action with a DirecTV Pack~g~ customized for the fan in

    YOU!Women Talk Sports Network

    http://www.allwhitekit.com/?p=5929 10/24 /2011

    http://www.allwhitekit.com/?p=5929http://www.allwhitekit.com/?p=5929
  • 8/3/2019 WPS Exhibits 1-15

    30/81

    magicJack Owner Dan Borislow Responds to Punishments, Violations, and More

    Update on the LFL: Youth League, 13Year Old Spokesperson, and 16 PlayersLeave the Toronto Triump ......................Podcast Amateur Champion JessamynDukeReview: Run like a girl............................ __ ..NCAA Soccer RPI Bracket AfterOctober 23 MatchesCal unveils new multimedia website,"This is Cal Basketball"Muslim high school player's dedicationto rel igion translates to discipline on thesoccer fieldRacquetball at the 2011 Pan Am Games -3 Gold for Mexico, 1 for USABoxer Katie Taylor is EuropeanChamoion

    Framba.de Your #1 source for Frauenfussball

    Framba.de ,liFrauenfuBball '". '",",

    Metao Registero Logino Entries RSSo Comments RSS_o WordPress.org

    Get smart with the Thesis WordPress Tht;:_m~rom DIYthemes.WordPress Admin

    Podcast powered by podPress v8.8.10.12

    http://www.allwhitekit.com/?p=5929

    Page 13 of 13

    10/24 /2011

    http://www.allwhitekit.com/?p=5929http://www.allwhitekit.com/?p=5929
  • 8/3/2019 WPS Exhibits 1-15

    31/81

    EXHIBIT 4

  • 8/3/2019 WPS Exhibits 1-15

    32/81

    shington Freedom Heads South I The Town Courier http://www.towncourier.comlurbanal20 11101I311washington- free

    Log In Register

    Urbana's Hometown News.taper I Serving Urbana, Villages of Urbana, Ijamsvile and More Urbana Gaithersburg News. About Issues Advertise Classifieds

    Our Sponsors$KLAAR

    COLLect CO."$lILTlNG(;.,;.t;,._~,.,.. fa ~..,r~ ~;;o!""~

    D o Y ou K now lT hlng. Y ou.Jr.O' Sf . H. s .S t udentCoufdbe Do rn g T h is S umm e rt o"'e pa re for a S ucoe .. f UlC o ll eg e > op e de n c . . 1Contact us todayfOf a

    n o- co st c on su lta tI on a ndreoeIve A lE E S A T/ AC T

    P r ep ma t e rl a ,j s _

    Cha,lou..K"', Ph.D.C . . E . P . _w.cldaarolllll ..

    lO1-8l4-6888Chal l o tt od< . .. .. .. .. .

    Headlines

    1112112011 1

    http://www.towncourier.comlurbanal20/http://www.towncourier.comlurbanal20/
  • 8/3/2019 WPS Exhibits 1-15

    33/81

    shington Freedom Heads South I The Town Courier http://www.towncourier.comlurbana/20 11/0 1/31/washington- freed Frederick's BigDay of Serving

    Voltaggio BrothersRelease NewBook, VOLT ink.

    Teacher Spotlight:Ellen Georgi Urbana's Trio ofMeritSemifmalists: SATParticipation FliesHigh

    Don't Read orWrite Texts WhileDriving

    Our Links Check us out onFacebook! Frederick CountyGovernment Frederick CountyPublic Schools

    Frederick CountyPublic Libraries

    Villages of Urbana The Town Paper

    Search

    Washington Freedom Heads SouthJanuary 31, 2011By Krista BrickHe's renamed the Washington Freedom Women's Professional Soccer (WPS) team theMagicTalk FC and is moving them to Florida, but new owner Daniel Borislow said hisdecisions may have just saved the league."I thought if! didn't do it, it would be the end of the league," said Borislow, 49, amega-successful inventor and entrepreneur and self-proclaimed soccer enthusiast. Hesaid his motive behind buying the team was to make sure women athletes who aspire tomake a career playing soccer will have a place in America to do just that."This wasn't perfect timing for me," he said of the deal brokered earlier this winter. "Iwas concerned the league would go away. This allows the league to have theopportunity to have another year to figure itself out."The WPS league has struggled to keep its field of teams running with new clubsopening and closing. Six teams make up the 2011 league. Players aren't always surethey have a club to go back to year after year. The Freedom team was desperatelylooking for someone to take majority ownership after the former owners, the Hendricksfamily, wanted to take a step back. The Hendricks will still hold a stake in the

    11 /2112011 1

    http://www.towncourier.comlurbana/20http://www.towncourier.comlurbana/20
  • 8/3/2019 WPS Exhibits 1-15

    34/81

    shington Freedom Heads South I The Town Courier http://www.towncourier.comlurbanal20 11/01/3l/washington- freeMagicTalk FC.Borislow made his money inventing magic Jack, a voice-over IP product that allowsunlimited calling through a computer. He said he is on the verge of launching two newproducts but that he couldn't stand on the sidelines and watch the WPS leaguedisintegrate.He has some aggressive ideas to make the league and his team have staying power.

    First, Borislow has said he plans to sign five starters from the women's national team.He has already publicly announced he wants the Brazilian powerhouse Marta Vieira daSilva (commonly known as Marta) on his squad. Freedom superstar Abby Wambach isalready under contract to continue with the team."Wait until you see this team we put together," Borislow said.He has already hired long-time professional soccer coach Mike Lyons as the new headcoach for the team. He has also named former WPS legend Briana Scurry as the team'sgeneral manager, replacing Lakelands resident Mark Washo, who stepped down as thefull-time president and general manager in November. Scurry is a V.S. Olympic goldmedal goalkeeper who retired from the Washington Freedom last year.Washo recently became managing partner at Playbook Management International, asports and entertainment marketing and sales agency. He could not be reached forcomment.Don't expect Borislow to watch the game from the stands."I will have a heavier hand than most owners," Borislow said. "I will assist the coachand the OM in the day to day decisions on and off the field."Borislow said he believes he has plenty to offer the team since he has played the sporton a semi-professional level and has coached his daughter's V-13 team, which has hadplayers move on to the regional teams in Florida as well as the national team. He ownsthe MagicJack Soccer fields in West Palm Beach, Fla., where he and his family live."I have never been involved in anything in soccer that hasn't been successful. Inbusiness I have never been involved in anything that is not successful," Borislow said.To give the league a boost, Borislow said he is considering hosting a tournamentinviting international and national club teams to compete for a winner-takes-all $1million purse. He's set a target date of August or September but has made no fmaldecision on a WPS facility locale.That said, his new MagicTalk FC team isn't secure on where it will play its games justyet. Borislow hasn't announced a Florida facility but said he plans to bring the formerFreedom team to the Maryland SoccerPlex for two to four of its games.WPS League spokesman Robert Penner said, "The league's board has approved inprinciple the idea of playing games in Florida for the 2011 season to test out the marketon the condition of fmding a suitable stadium but has not yet approved any permanentmove."Borislow has been criticized for failing to communicate with the former front office ofthe Washington Freedom and the SoccerPlex officials, but he said he's just not yet hadthe time to do that."I've only had the team for two weeks. I was first securing a OM, coach and greatplayers," he said.

    1112112011 1

    http://www.towncourier.comlurbanal20/http://www.towncourier.comlurbanal20/
  • 8/3/2019 WPS Exhibits 1-15

    35/81

    shington Freedom Heads South I The Town Courier http://www.towncourier.comlurbanal20 11/0 1/31/washington- freeThe Washington Freedom offices in Maryland officially shut down Feb. 8. The oneemployee who still works in the office has spent her time putting together quotes tomove office equipment as well as packing boxes. Six other employees were let gobefore Christmas. Freedom season ticket holders can call the SoccerPlex for a refund.Maryland SoccerPlex Executive Director Trish Heffelfmger said she applauds Borislowfor stepping in to buy the Freedom team."He saved the WPS league," she said.Heffelfmger said the SoccerPlex will clearly lose revenue since the team will no longerplay all their home games on the fields or rent out administrative space and practicefields, but she said the SoccerPlex still welcomes the team for as many games aspossible."The overriding issue is we want to see this league succeed, and we want women tohave the same opportunity to pursue this sport at a professional level. We care aboutthis team and the girls and want them to succeed," she said.The team will most likely still bear the name Washington Freedom on their uniformssince WPS apparel supplier PUMA has already branded them that way. Borislow saidhe has had a conversation with PUMA about the name change and said they did notneed to make the uniform adjustments for the 2011 season."PUMA has very little to do with the decision on the name. They better get their acttogether and live by an agreement with the WPS. PUMA knew what they were gettinginto. There is a lot of risk that teams would fold. When people make a deal they haveto live up to it," he said.PUMA officials could not immediately be reached for comment.Making deals is something Borislow is familiar with. He brokered a deal with AOL thatat its peak was valued at $2 billion. He plans to use his skill to help the league fmdways to become fmancially stable.He makes no apologies for using his product name to brand the team."Somewhere, some way you have to fmd a way to defray the cost of running theteam," he said. "To do that and name your team MagicTalk, so be it."He also has set his sights on the WPS league having a more international presence inGermany, England and Brazil so competitions will be nationally backed by fans."If these countries don't do it, none of these leagues will be successful," he said. "Wehave to make it more interesting for fans. Ithas to expand outside of this country. I amtrying my best to give women the opportunity for success."Leave a ReplyYour email address will not be published. Required fields are marked *NameEmailWebsite!~------------------~

    1112112011 1

    http://www.towncourier.comlurbanal20/http://www.towncourier.comlurbanal20/
  • 8/3/2019 WPS Exhibits 1-15

    36/81

    hington Freedom Heads South I The Town Courier

    Post CommentCopyright 2011 The Town Courier. All Rights Reserved.Magazine Basic theme designed by Themes by bavotasan.com.Powered by WordPress.

    http://www.towncourier.comlurbana/20 11/0 1131/washington- freed

    1112112011 1

    http://www.towncourier.comlurbana/20http://www.towncourier.comlurbana/20
  • 8/3/2019 WPS Exhibits 1-15

    37/81

    EXHIBIT 5

  • 8/3/2019 WPS Exhibits 1-15

    38/81

    Wednesday. August 3, 2011 5:31 PMSubject: Fwd: Washington Freedom 2011 SeasonDate: Thursday,January 20, 201111:59 AMFrom: IngalREDACTED .To: Jill Coy ~JIIl.coy@women$prosocter.colfI>Cc: . .. .arE iTEDA !JC itiT~E ~D iiIiI(,iirwiiiT iemnM si;m!i'F tiiiiiS " _ jM elanie F itzgerald

    el womensprosoccer.com>H i Jill,See below for some correspondence we just got from the Freedom. We'll plan to pick up thesystem ASAP,unless there are alternate action steps? We're also not familiar with who this Tiaperson is?Please advise.Thanks!IR E DA C TE D I

    Begin forwarded message:From: D BOR ISLOW@ aol, comDate: January 20,2011 10:48:01 AM CSTlro: IR ED ACTED ~CC~REDACTEDSubject: Re: Washington Freedom 2011 Season

    I REDACTEDAnything that we rent or pay for,we don t want.P lease get a hold of T ia,she isresponsible for mak ing these things go away.DanIn a message dated 1 /10 /2011 5 :2 6:2 4 P .M . Eastern S tandard T ime,

    IR ED AC TED ~ writes:Hi Dan,We do offer animation services for scoreboards if that issomething you are interested in, though not the scoreboardsthemselves.For the WPS we primarily provide the AdTrac Stadium Signage

    Page 1 of 3

  • 8/3/2019 WPS Exhibits 1-15

    39/81

    System for all the teams in the league. This includes the physicalhardware (frames and field boards) as well as the printing for allsponsors. I have attached some photos from the WPS 2010Championship of the AdTrac system, as well as an overviewdocument of the other products and services we provide in caseyou are interested.- Thanks!IREDACTED

    On Jan 10, 2011, at 3:00 PM, [email protected] wrote:You provide the scoreboards for all the teams in WPS?Dan-Original Message---From: IREDACTEDTO:I~~==~ ~Cc: REDACTEDCc: REDACTEDSubject: Washington Freedom 2011 SeasonSent: Jan 10,2011 3:38 PMHello Dan,As Dawn already mentioned, I will be your contact at TGI Systems forthe 2011 season. I just wanted to let you know that two of ouroperations guys are going to be stopping by the stadium to check up onthe field board equipment since we will be in the area (for NSCM),just to ensure that everything remains secure while the team is in

    Page 2 of 3

    mailto:[email protected]:[email protected]
  • 8/3/2019 WPS Exhibits 1-15

    40/81

    transition. I saw that Dawn had attached the equipment rentalagreement to our last email, and was just making sure you werefamiliar with it, as TGI has an agreement to provide field boards thru2013. If you have any questions about this please let me know.I was also wondering if you have decided on what you were doing withthe field boards for 2011 yet? I know there has been talk of movingsome games to Florlda; and was not sure if you had a plan in place.Also, please let me know if you would like to reorder/order anythingbefore the season begins. My colleague Inga or myself will be sendinganother email out in the near future to all teams with equipment andgraphic deadlines, but I just wanted you to know you can contact me atanytime.Also, if you would like to get a better idea of what TGI can do for you orjust meet some of the team, please stop by our booth at the NSCAAconference! We would love to meet you.If you have any questions about anything at all, please don't hesitate tocall or email me.

    Cheers,l R EDACTED

    l REDACTEDTGI Systems .188 N. Wells Street, Suite 202Chicaao. IL60606Tel: l R EDACTEDREDACTED

    Sent via BlackBerry by AT&T

    Page 3 of 3

  • 8/3/2019 WPS Exhibits 1-15

    41/81

    EXHIBIT 6

  • 8/3/2019 WPS Exhibits 1-15

    42/81

    REDACTED

    From: < bscurry1@aoLcom>Date: Mon, 7 Feb 201114:54:49 -0500 (EST)To: Jill Coy < [email protected]>Cc: < dborislow@aoLcom>, < [email protected]>Subject: Re: Shipping addressJill,Hello there, here is the information I was asked to relay to you regarding shippingPuma gear and the field board system.

    Please use the following address and contact information for shipping the Pumagear.magicTalk SC

    Page 2 of 4

  • 8/3/2019 WPS Exhibits 1-15

    43/81

    5700 Georgia AveWest Palm Beach, FL 33405Attn. Amange Foad561-317-2834Regarding the field boards, please tell TGI thank you, but we will not be using theirproduct at this time. Also please have them take the field boards away.Thank you,Briana

    -----Original Message-----From: Jill Coy < [email protected]>To: Kristin Lettiere < [email protected]>; Stephanie Schafer ; GioiaDiFlumeri < [email protected]>;Louise Waxler < [email protected]>; Alex Sahlen ; bscurry1 Sent: Mon, Feb 7, 2011 7:39 amSubject: Shipping addressAll,Pleasesend me the name, phone number and addressat which we can use forPUMA product shipping over the next couple of months.Thanks in advance,

    Jill Coy I Women's Professional SoccerDirector of Partnership MarketingDirect: 415.800.6709 I Cell: 317.340.3323Page 3 of 4

  • 8/3/2019 WPS Exhibits 1-15

    44/81

    1750Montgomery St. I 1st Floor I San Francisco, CA94111 http://www.womensprosoccer.com

    ------ End of Forwarded Message------ End of Forwarded Message

    This e-mail and any attachments are for the exclusive and confidential use of theintended recipient. If you received this in error, please do not read, distribute ortake action on this message. Instead please notify us immediately by return e-mail (with a cc to: [email protected]) and promptly delete this message andits attachments from your computer system. We do not waive attorney-client orwork product privilege by the transmission of this message. The contents of thismessage may contain personal views which are not the views of this company, orits affiliates, owners or other personnel.

    Page 4 of 4

    http://www.womensprosoccer.com/http://www.womensprosoccer.com/
  • 8/3/2019 WPS Exhibits 1-15

    45/81

    EXHIBIT 7

  • 8/3/2019 WPS Exhibits 1-15

    46/81

    Wednesday. August 3, 2011 6:19 PMSubject: Re: 2011 AdTrac Rental ITransit AgreementDate: Thursday, May 5, 2011 3:21 PMFrom: [email protected]~REDACTEDCc: , , , ,, Jill Coy I believe you provided the whole season pricing, how much is per gameIn a message dated 5/5 /2011 6:11:29 P.M. Eastern Daylight Time,IREDACTED' ~rites:

    Hi Dan,We don't offer per-game pricing until after a 4-year payment plan has beenpaid. Would you like us to provide pricing for just one season, or would yoube interested in a multi-year agreement?-IngaOn May 5, 2011, at 4:35 PM, DBORISLOW@aol,com wrote:>IREDACTED>> I never saw an agreement for 4 years,just 2.What is price per game andper season and I will decide.>> Dan>> In a message dated 5/5/2011 3:09:36 P.M. Eastern Daylight Time,

    IREDACTED . jeomwrites:> H i D an,>> Per the original (Washington Freedom) agreement, the terms were 2009 -2012. Half of that 4-year term has already been paid for (in 2009 & 2010).This leaves the other 2-year half (2011 & 2012). outstanding.>> But, we are willing to consider that original 4-year agreement expired orotherwise cancelled, and write a new one specifically for you (MagicJack).How long you would want to rent the system for?>>=IR=ED~A--C=T=ED~----------~>>

    Page 1 of 3

    mailto:[email protected]:[email protected]
  • 8/3/2019 WPS Exhibits 1-15

    47/81

    >> On May 5,2011, at 1:55 PM, DBORISLOW@aoLcom wrote:>> > I am beyond confused,they paid for half ofwhat?2011 and 2012?> > In a message dated 5/5/20111:51:15 P.M. Eastern Daylight Time,

    1 R E D A C T E D . bornwrites:> > Hello Dan,> > As I've explained in a previous e-mail, we thought it would be in yourbest interest to take over Washington Freedom's rental agreement for 2011and 2012, as you could get a better price since they have already paid forhalf of the term. But we have no problem with creating a new agreementspecific to MagicJack. For how long do you anticipate renting the systemfor?> > Unfortunately, delivery for May 8th is no longer logistically possible, sowe would be working towards the next home match on May 28th if we cancome to an agreement.> > Best,>>----=------> > I R E D A C T E D

    u> > TGI Systems> > 188 N. Wells, Suite 202> > Chicago, IL 60606: : I R E D A C T E D> > On May 4,2011, at 5:23 PM, dborislow@aoLcom wrote:> > > Ok. But its really 2011. The agreement did not have obligation for2012> > > Sent via BlackBerry by AT&T> > >> > > -----Original Message-----> > > From: . 1 - : : - 1. . , . . .E D ,_ "A :- - C -: - T E - : : - D - : - - - - - = c: : - - : - - : , . . . . . . . , . . . , : : - = " ' : " " " " : - : - - - '> > > Date: Wed,4 May 2011 17:21:00> > > To: > > > Cc: ; ;

    Page 2 of 3

  • 8/3/2019 WPS Exhibits 1-15

    48/81

    ; Anne-Marie Eileraas;REDACTED JillCoy> > > Subject: Re: 2011 AdTrac Rental I Transit Agreement>> > > Hello Dan,>> > > It sounds like you've agreed to take on the 2011 & 2012 rentalagreement for 24 frames for the national sponsors, along with the deliveryfee. Here is the PA again for your records, please sign and return a copy tous as soon as you can.>> > > I am exploring the feasibility of getting the system delivered for thisweekend's game, but I hope you understand it may be too late to make thishappen. I will follow up as soon as I know where we stand with thistomorrow morning. We will definitely be able to deliver the system for thefollowing, May 28th match at the quoted $2,100 price. >> > > Thanks,> ~~==----------~> > > lREDACTED> > > TGI Systems> > > 188 N. Wells, Suite 202> > > Chicago. IL 60606> > > IREDACTED> > >.>> > >

    Page 3 of 3

  • 8/3/2019 WPS Exhibits 1-15

    49/81

    EXHIBIT 8

  • 8/3/2019 WPS Exhibits 1-15

    50/81

    Wednesday, August 3, 2011 6:22 PMSubject: Re: 2011 AdTrac Rental! Transit AgreementDate: l"'ednesdav Mav 11 2011 12'31 PMFrom:. REDACTED ITo: REDACTED

    TGI'smatrStP I I R ( H A S U G R W l E i n "11-0257-0&lGI~181NOfihWPto;;Slmt.5oitem~ L _;OIllt17JtIj)r:O'21'"'~

    O I I D fI IS UB JC T l O 1 l :I !MSU S TWB E lOWn.;.~"IlII>a'~ .... "" ... , ,WtO;og.I;F< I':~_,-fAIlIIiIni_IlI"Ihd .....,_"""" 71l___ .. _., .... _R.33431"'~1401~I'---

    a.cwnmmSIoip""~-,.-

    ~JOO;1oIo_,~rl llo< __~ DooatpIIoo _... 'f_

    "".)if~~U_!i'ti fn~~~;'~:'","'~il#,,>!tj:l\l{";:;, . f"~'!F)!"" '1C"\"""~";: ;.......... ' t Hrl~ " 1 ' ,,,,~~~~t~}t~~;:~'~J.!(}\;S~;L~'n~;;

    IREDACTED

    Page 1 of 3

  • 8/3/2019 WPS Exhibits 1-15

    51/81

    On May 11, 2011, at 12:57 PM, [email protected] wrote:PetePlease sign this and wire money to TGI.DanIn a message dated 5/4/2011 6:21:04 P.M. Eastern Daylight Time,[email protected]:Hello Dan,It sounds like you've agreed to take on the 2011 & 2012 rentalagreement for 24 frames for the national sponsors, along with thedelivery fee. Here is the PA again for your records, please sign andreturn a copy to us as soon. as you can.I am exploring the feasibility of getting the system delivered forthis weekend's game, but I hope you understand it may be too late tomake this happen. I will follow up as soon as I know where we standwith this tomorrow morning. We will definitely be able to deliver thesystem for the following, May 28th match at the quoted $2,100 price.Thanks,

    IREDACTEDTGI Systems188 N. Wells, Suite 202Chicago, IL 60606IREDACTED

    On May 4, 2011, at 4:58 PM, Jill Coy wrote:> Hi Dan,>> I've included TGI on this chain, as you'll need to coordinatedirectly with them to get the system.> Inga - see Dan's comment below about shipping the infrastructure tohim.>> Thanks,>>> Jill Coy I Women's Professional Soccer> Director of Partnership Marketing> Direct: 415.800.6709IREDACTED J Fax:> 1750 Montgomery St. I Lac rOLVVL I OU11 LLU" :LSCO, 415.553.4459CA 94111

    Page 2 of 3

    mailto:[email protected]:[email protected]:[email protected]:[email protected]
  • 8/3/2019 WPS Exhibits 1-15

    52/81

    > http://www.womensprosoccer.com>>>>>>>> On 5/4/11 2:04 PM, "[email protected]" wrote:> You guys never answer the questions. Weird way of running abusiness. You can tell them to ship the infrastructure down here. Sent via BlackBerry by AT&T F ro m: J il l C oy < ji ll .c oy @w om en sp ros oc ce r.c om > Date: Wed, 04 May 2011 13:53:38 -0700 To: Cc : ; < sa am cop et e@ aol .c om >; < bs cu rry 1@ aol.c om> ; A nn e- Ma ri e E il er aa s< am e@ wo me ns pr os oc ce r. co m> Subject: Re: 2011 AdTrac Rental/Transit Agreement Hi Dan, We've had a good relationship with TGI over the years and they'vealways worked with our teams to offer competitive rates. At this pointin the season, the league has Lnveat ed $12K into the 24 boards we'veprovided for your team to display at all home games to accommodate ourpartner contracts; and it is the team's responsibility to put in placethe system required to display them. Thanks,

    Page 3 of 3

    http://www.womensprosoccer.com/http://www.womensprosoccer.com/
  • 8/3/2019 WPS Exhibits 1-15

    53/81

    EXHIBIT 9

  • 8/3/2019 WPS Exhibits 1-15

    54/81

    Wednesday. August 3, 2011 6:22 PMSubject: Re: 2011 AdTrac Rental! Transit AgreementDate: Wednesday, May 11, 201110:57 AMFrom: [email protected]: IREDACTED

    PetePlease sign this and wire money to TGI.DanIn a message dated 5/4/2011 6:21 :04 P.M. Eastern Daylight Time,

    IREDACTED 1mwrites:Hello Dan,It sounds like you've agreed to take on the 2011 & 2012 rental agreementfor 24 frames for the national sponsors, along with the delivery fee. Here isthe PA again for your records, please sign and return a copy to us as soonas you can.I am exploring the feasibility of getting the system delivered