Arsenal ARE rich, Internationals ARE boring, Chelsea ARE NOT liable - Day 4

Eduardo´s Dive 

I´m sure this topic has been mulled over 100 times, but maybe a lawyers perspective will be interesting. I just wish I was representing Arsenal FC in this regard I would show EVERY single video I could find of diving which has occurred in UEFA competitions in the last years that has gone unpunished. Especially the ones that have happened since the Eduardo dive such as Ashley Young in the Europa League. I think the main point of contention is not how much he was touched, or how he has hurt is ankle so it´s nature he goes over a little easy. The point is that the referee saw it - when you start retrospectively refereeing with the aid of instant replay then you are walking on a slippery slope of when to review and not review refereeing decisions.

I´m all for technology in football, people talk abou it slowing the game - but the speed of things today it would be wasting no more time than that which is spent with players rolling around on the pitch. Referee stops play, asks the lads in the booth to confirm if there was contact, or the ball crossed the line, or bounch out of the Stanchon, and we´re sorted - 2 minutes tacked on for added time and play away. But unless they change the regulations there is really no call for awarded a 2 match ban against Eduardo for his dive, especially, as I said before, when the referee saw the incident.

 Anyway, maybe during the international break I´ll do a little piece on why Legally and Financially FIFA and UEFA and the other Confederations and National Associations should integrate technology into the game. There probably won´t be much else to talk about.

We´re So Rich or is it Valuable?

You´d figure we´d be able to harbour more support and UEFA and put a little pressure on the men of Nyon to give us a break - seeing as we are the THIRD MOST VALUABLE CLUB IN THE WORLD. Mwuhahahahaha.

 How rich we are... As evidenced by the several multimillion pound signings we made this summer.... Oh wait a minute... nevermind.

I guess this is what I have been talking about previously that although we are blowing other clubs out of the water with our millions our business plan is very sustainable and in a market which is condusive to needing certain sporting success to justify your financial outlay, we have built a stable little football club which has *touch wood* no chance of doing a Leeds or a Fiorentina, etc. Look at Portsmouth, the won the fucking FA cup two years ago, this year I'm certain they will be relegated. Their team has gone from having my favourite defensive midfield player in the world, two England international goalscorers, a highly successful Premierleague centre back pairing, and the best/ second best right back in England, to a bunch of poo poo doggy doo (best link ever.)

Anyway fair play to us for being rich and all, I think I prefer playing in the Champions League and pretty football to winning the FA cup and being relegated, but maybe that's because I've forgotten what its like to win something other than the Arab's cup.

Chelsea didn't do anything wrong - for once

Ok so onto today's main topic. I've been reading a lot about Chelsea's 2 transfer window ban on registering players. Basically they signed Gael Kakuta from Lens (who is apparently brilliant) while he was on a youth contract, an amateur contract. Lens are claiming they offered his family all sorts of money if he were to break his contract and come sign with Chelsea. While that may be true, and a little mean for Lens, it doesn't make a fucking lick of difference.

If you aren't professional you are not bound to honour your contract. Frank Nouble did the same thing to Chelsea leaving for West Ham this year, Merida and Cesc did the same to Barca, etc.

Lens are claiming that the promise of signing a professional contract was claimed in the amateur contract, thus far there has been no jurisprudence which states whether or not said promise is enough to constitute a professional contract. However, it seems that the remuneration levels being paid to Kakuta fall below the standards set by FIFA when determining if a player is amateur or not.

Article 17.4 of the FIFA Regulations on the Status and Transfer of Players sum it up finely:

 In addition to the obligation to pay compensation, sporting sanctions shall be imposed on any club found to be in breach of contract or found to be inducing a breach of contract during the protected period. It shall be presumed, unless established to the contrary, that any club signing a professional who has terminated his contract without just cause has induced that professional to commit a breach. The club shall be banned from registering any new players, either nationally or internationally, for two registration periods.

I've heard a lot of people talking about how this is a tapping up scandal - That is incorrect. You can see in 17.4 above that whenever a player terminates his contract and signs for a new club it will be viewed as inducement to commit a breach. Therefore whether they offered the player the moon and the stars, a packet of Walker's Crisps, or a bowl of poo poo doggy doo - they are going to be found "jointly and severally liable." So sorry Arsenal fans, but we can't laugh and say that this is the same as Cashley Cole, because it's not.

Anyway I've heard an appeal to the Court of Arbitration for Sport (CAS) will be filed, the case will turn on whether or not Kakaktuakauakta was a Professional or not.

That's all for today! 

Til next time kiddos,

Arsenal Adam

P.S. An Official apology must be extended to Arseblog here today. I used his site to dry and generate some interest in my own, and I shouldn´t be riding on another Arsenal fans coat tails like that. Deepest apologies, check out his site if ya like - it´s pretty damn good. www.Arseblog.com Later