The way I read it the person who illegally obtained and communicated the recording was Sterling's bimbo. Unless TMZ conspired with her from the beginning I don't see where they broke any law.
Sterling didn't do or say anything that they can introduce into evidence to prove that he is responsible for the loss of revenue, sponsors, etc.
Sure they can. Sterling admitted that it was him on that recording. Sponsors said they were cancelling because of what Sterling said. Players were talking about boycotting playoff games because of what Sterling said. Ticket holders were planning on cancelling tickets because of what Sterling said. His actions were responsible for financial loss and discord, and under the NBA constitution the commissioner was well within his authority to ban him and fine him.
Let me break the statute down for you:
"Any person who......
[records private communications by any means]
willfully and without the consent of all parties to the communication....
That was the bimbo. Now, here comes the part you missed. Pay attention:
or who uses, or attempts to use, in any manner, or for any purpose, or to communicate in any way, any information so obtained..... [This is TMZ]....
is punishable by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in the county jail not exceeding one year...."[This is how long the bimbo and TMZ can go to jail and how much fine they must pay.]
Now, granted, a corporation can't go to jail, but individuals inside the corporation who did all the above certainly can, and the corporation can be fined for criminal acts undertaken by its authorized agents. You'll have to trust me on that, it's not in this statute, it's in other ones.
Satisfied? Or shall we explicate the meaning of "in any manner".
I don't know why I get into legal discussions with nonlawyers here. When there is a thread on software engineering, or molecular biology, I sit back, sometimes ask questions, and appreciate the level of expertise that we have here on FR. What I don't do is try to pretend I know what I'm talking about on something I've never dealt with. Yet for some reason, legal threads bring out all kinds of people who slept at a Holiday Inn Express. You continue:
Sure they can. Sterling admitted that it was him on that recording.
What recording? The one that's not in evidence because it cannot be introduced?
Sponsors said they were cancelling because of what Sterling said. Players were talking about boycotting playoff games because of what Sterling said. Ticket holders were planning on cancelling tickets because of what Sterling said. His actions were responsible for financial loss
What did Sterling say? What actions did he commit? You can't introduce evidence of anything that Sterling said. You trying to introduce the sponsors cancelling as evidence of conduct by Sterling?? All that shows is conduct by sponsors, players, fans....and so on. The NBA bylaws refer to conduct by an owner, not conduct by third parties. Prove the conduct. Good luck. That, my in pro per friend, would be a fun day in court. I have fun with people who don't think through proof of the facts they are required to prove. The NBA knows that they had a problem. That's why they worked with Mrs. Sterling on a resolution.