From Larry Coons FAQ on the NBA CBA
94. What is tampering?
Tampering is when a player or team directly or indirectly entices, induces or persuades anybody (player, general manager, etc.) who is under contract with another team to negotiate for their services. The NBA takes tampering very seriously and may impose stiff penalties if it is discovered, however the league will not investigate unless another team files tampering charges.
Mark me down as 100% in agreement with ziggy on this.
The problem is that the conduct Stern was engaged in technically falls under the category of tampering.
And what team is Stern under contract with?
Technically, every one of them. And that makes his comment far, far worse.
Here's a good example for you, though: let's say Phil Jackson, who is under contract with the Lakers, was asked, "What do you think LeBron should do?" And Phil, after careful thought, says, "I think he should go to the Knicks." Jackson's not specifically involved with Cleveland, James, or New York. But that's still tampering. How is that different?
In the best case, Stern represents the interests of the league as a whole. However, the interest of a single team (for purpose of this example, let's say Milwaukee) may NOT represent the best interest of the league as a whole. If Milwaukee is planning to pursue James, Stern's comment is directly in opposition to Milwaukee's goal of signing James. If James stays put in Cleveland, it's better for the league, but Milwaukee could care less what's better for the league - they're supposed to be competing for their *TEAM*. And Stern's words adversely impact them.
In the worst case, if the league is corrupt, Stern could be directing LeBron, "If you go to New York, we're going to miss out on great LeBron versus Kobe finals because New York just isn't good enough to make it to the finals right now. That hurts us as a whole from a marketing perspective. Cleveland's where we want them right now, and it's a franchise we can't afford to have go down the tubes."
There is *NO* good from Stern's statement, and there's a great deal of potential credibility loss. For a league that is already starting to alienate fans and even some young prospects (who choose to go play (or sit) in Europe rather than go to college for a year - and let's not forget that the NBA now has a list of some pretty talented defections to Europe), and one that is still battling a credibility issue with its referees and the monitoring thereof, the league doesn't have credibility to waste. It was a mistake for him to comment - AT MINIMUM.