...or to communicate in any way, any information so obtained, or who aids, agrees with, employs, or conspires with any person or persons to unlawfully do, or permit, or cause to be done any of the acts or things mentioned above in this section, 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 appears to make it illegal to disseminate the illegally obtained recording, by my reading of it. TMZ broadcasting it would be "communicating" it. The DA is probably not keen to go after a broadcaster, especially to defend Sterling's rights, but that does not make it legal. It's more like Obama refusing to enforce immigration laws.
They can claim that Sterling was responsible for loss of revenue, loss of sponsors, discord with the players, and any number of other things that were not in the best interest of the association.
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. He hasn't committed any "conduct" that the NBA can legally prove, and it is conduct of some kind that the NBA must show. The NBA has what is known as a proof problem. They can't connect the dots without evidence that is inadmissible. And that is the conundrum. I suggest that those who want to really delve into this issue read up on rules of evidence and trial practice.
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.