(Madonna), Superbowl M.I.A. and the Middle Finger

[Guest]

it's only related to madonna as she's not even cited, and reading the article it seems that last year halftime superbowl performance has been staged only by mia....

however the NFL is so pissed off by a middle finger? are americans so sensitive?

this is the article

http://www.hollywoodreporter.com/thr-esq/nfl-waging-secret-legal-war-632282

NFL Waging Secret Legal War Over M.I.A's Super Bowl Middle Finger (Exclusive) The league demands $1.5 million from the rapper-singer and a public apology, but her lawyer says "she is going to go public with an explanation of how ridiculous it was for the NFL and its fans to devote such furor to this incident."

On Feb. 5, 2012, nearly 167 million TV viewers tuned into Super Bowl XLVI to watch a matchup between the New York Giants and New England Patriots. Besides the football action, what had people talking that day was a halftime performance by M.I.A. and, specifically, how she extended her middle finger during a performance of "Give Me All Your Luvin'" while mouthing, "I don't give a shit."

But the NFL did care. One month after the performance, the league initiated legal proceedings against the English-Sri Lankan rapper-singer. In a March 13, 2012, filing at the American Arbitration Association, obtained by The Hollywood Reporter, the league demanded $1.5 million from M.I.A. for allegedly breaching her performance contract and tarnishing its goodwill and reputation.

In the 18 months since, the 38-year-old M.I.A. (bornMathangi "Maya" Arulpragasam) has been waging a secret legal war with the NFL over what happened at Super Bowl XLVI. Last week, league lawyers continued their push to have her deemed liable for her actions on summary judgment before moving to a trial for damages.

This is not going over too well with M.I.A, best known for her catchy agitpop music including the hit song "Paper Planes," which includes the repeated sound of gunfire. She's also used her fame to spotlight human rights abuses in her war-torn South Asia homeland. Now her lawyer Howard King tells THR that his client plans to launch a public war on the mega-powerful football league.

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"She is going to go public with an explanation of how ridiculous it was for the NFL and its fans to devote such furor to this incident, while ignoring the genocide occurring in her home country and several other countries, topics she frequently speaks to," King says.

King adds that she had hoped to settle the case privately once it became clear that neither NBC nor the FCC were ever going to make a stink over what the NFL says in legal papers was an "offensive gesture ... in flagrant disregard for the values that form the cornerstone of the NFL brand and the Super Bowl."

But M.I.A. is ending her silence toward the league, which just agreed to pay $765 million to settle head injury claims by some 4,500 NFL ex-players.

"Of course, the NFL's claimed reputation for wholesomeness is hilarious," King tells THR, "in light of the weekly felonies committed by its stars, the bounties placed by coaches on opposing players, the homophobic and racist comments uttered by its players, the complete disregard for the health of players and the premature deaths that have resulted from same, and the raping of public entities ready to sacrifice public funds to attract teams."

An NFL spokesman didn't have immediate comment on the legal dispute or King's comments beyond saying that "any monetary damages for her actions would have been donated to charity."

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In its arbitration complaint, the NFL — likely hypersensitive after the infamous Janet Jackson breast-flash incident at the 2004 Super Bowl — presents M.I.A.'s middle-finger gesture as being more than an unplanned, spur-of-the-moment act. The singer wasn't paid for her performance. Typically, the exposure that halftime performers get is seen as compensation enough. Nevertheless, the league says in arbitration that "this dispute concerns a blatant, intentional and calculated attempt by M.I.A., a musical artist, to garner worldwide publicity and attention for herself by making an offensive gesture to the cameras during the Super Bowl XLVI Halftime Show performance."

The league and M.I.A's holding company entered into an agreement on Jan. 30, 2012, a week before the big game that year. The contract stated that she "acknowledge the great value of the goodwill associated with the NFL and the tremendous public respect and reputation for wholesomeness enjoyed by the NFL" and that she "ensure that all elements of [her] Performance, including without limitation [her] wardrobe, shall be consistent with such goodwill and reputation."

The NFL makes the argument that she intentionally breached the agreement with her gesture and says that if there's any doubts about her obligations under the contract, "M.I.A., as a member of the public and a noted member of the music entertainment industry, was unquestionably aware of the adverse consequences sustained by the NFL, and the public outcry provoked, by the Janet Jackson 'wardrobe malfunction' during the halftime show at Super Bowl XXXVIII."

King argues that the NFL's damage claim is ludicrous and that the FCC and the network that aired the gesture haven't cried foul.

"The statute of limitations has run on the FCC and NBC," he says. "[They] will never assert a claim. Not only does NBC do hundreds of millions of dollars of business with the NFL, but NBC had a seven-second delay for the halftime show; either the operator fell asleep or the gesture was so fleeting he never saw it. In fact, no one would have seen it but for the advent of DVRs and the ability to freeze frame."

In the week after the spectacle, NBC was caught off guard with the NFL's immediate characterization of the gesture as "obscene." Such a statement might have been used as ammunition for an FCC indecency claim. The NFL soon took out the language in press statements. And sources close to M.I.A. blamed what happened on nerves and adrenaline, saying she "got caught up in the moment."

The furor died down, and most probably assumed it was over. It's not. The NFL, which just tapped Bruno Mars to perform at next year's Super Bowl halftime show, isn't letting it go.

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According to a letter submitted nine days ago to the International Centre for Dispute Resolution by Charles Ortner, an attorney at Proskauer representing NFL Enterprises Llc., "NFLE has an interest in expediting a resolution of the liability issue in this matter."

Ortner faults M.I.A for not acting in "good faith" since the 2012 Super Bowl. Her alleged acts include challenging the arbitration clause in the agreement, failing to pay her share of the costs of arbitration, failing to attend mediation, failing to consummate a settlement-in-principle achieved, using video clips of her Super Bowl performance to promote her business endeavors and "refus[ing] to take responsibility or apologize for her actions which were broadcast worldwide."

"No settlement was implemented, and the NFL has resumed active pursuit of a trial through the Proskauer firm," responds King. "Until now, we had reluctantly remained quiet in the hopes of not becoming subject to the whims of 28 rich NFL owners who wanted to crush this brown, outspoken young lady, especially since they are making her life miserable for the cost of a 30-second spot in one of this weekend's secondary games. But ultimately, we could not be forced into the type of public apology demanded by the NFL."

With the story now out, M.I.A. has big plans. There's always been an undercurrent of political and social outrage in her songs like "Born Free," "Jimmy" and "Sunshowers." And she's never been shy about speaking up, even though she remained silent about this dispute for so long.

"Sometimes I repeat my story again and again because it’s interesting to see how many times it gets edited, and how much the right to tell your story doesn’t exist," she once told U.K. magazine Clash. "People reckon that I need a political degree in order to go, ‘My school got bombed and I remember it cos I was 10-years-old.'"

Now, M.I.A.'s legal team is planning an all-out assault on the NFL's claims of being a brand devoted to high morals.

King adds, "We encourage people to submit their examples of how the actions of the NFL, its stars, coaches, advertisers, broadcasters, team doctors and owners have damaged or destroyed any vestiges of any reputation for wholesomeness ever enjoyed by the NFL. These submissions, which we plan to use to bolster M.I.A's defense, will help balance the playing field, as they very well could eliminate the burden of undertaking a formal survey of the history of unwholesome behavior, can be made to the M.I.A defense team by email to NFL@khpblaw.com."

[Roland Barthes]

I wish Madonna is on her side.

[Chuck82]

On Feb. 5, 2012, nearly 167 million TV viewers tuned into Super Bowl XLVI to watch a matchup between the New York Giants and New England Patriots Madonna.

Fixed.

[Genevieve Vavance]

Madonna was soo mean towards M.I.A

[eu4ria]

It was perfect.

[Guest Not4Pussies]

Madonna was soo mean towards M.I.A

???

[Guest Not4Pussies]

I wish Madonna is on her side.

????

[Larkspur]

Well you know I think Madonna had a pretty tight vision for the Super Bowl. GMAYL sounds like a happy song but it has an angry undertone. M.I.A. probaly had an idea what Madonna wanted in the show regardless. So I understood her frustration at the time. I'm sure she has moved on from something that really was not a huge deal. Madonna could have also reacted in the moment. She just finished performing in front her biggest audience and I think she was mostly annoyed that people were talking so much about it and taking any attention away from her.

For M.I.A. I understand she was performing and in the moment. If I didn't hear about it I would have never known and I was watching the performance so closely. Leave it to the media to point out the very thing they criticise M.I.A. for.

The NFL is ridiculous. They just want money and I can't believe they have been giving M.I.A. all this nonsense. I don't blame M.I.A. for finally going public with it. It's hypocritical.

[adreeyen]

????

I wouldn't have said Madonna was mean to her, but she did say something to the effect that it was immature and it wasn't appropriate for the event because it was supposed to be a celebration of love. Something like that.

[Guest Not4Pussies]

oh ok, but didnt madonna or m.i.a. say they emailed each other and everything is cool?

i hope so.

[adreeyen]

oh ok, but didnt madonna or m.i.a. say they emailed each other and everything is cool?

i hope so.

I don't remember that, but I sure hope so too!

[Guest Not4Pussies]

While headlines seem to be falling on the side of singer Madonna remaining angry with singer M.I.A. for flipping the bird at the Super Bowl half-time show, Madonna forgives her.

The Material Girl did the forgiving yesterday on Ryan Seacrest's radio show, that though she did not like M.I.A.'s gesture, saying that it was "just out of place." She did have some harsh words to say about it.

“I was really surprised," Madonna told Seacrest. "I didn’t know anything about it. I wasn’t happy about it. I understand it’s punk rock and everything, but to me there was such a feeling of love and good energy, and positivity it seemed negative. It’s such a teenager, irrelevant thing to do. There was such a feeling of love and unity there - what was the point?"

Madonna spokesperson Liz Rosenberg issued a statement saying that M.I.A. apologized for the middle finger salute and Madonna accepted her apology, forgave her and is still a fan of hers. Despite that, many headlines continue to imply otherwise.

[adreeyen]

I get Madonna's point, but I liked that MIA did that. Especially considering the American public's response.

[Guest Not4Pussies]

im still not so sure if everything is truly ok with them.

someone would have to ask them.

[adreeyen]

It might be touched on in MIA's documentary that comes out whenever. They show a headline in it that reads "MIA vs Madonna" alongside others like "MIA vs Lady Gaga" and "MIA vs Anderson Cooper." Who knows really.

[Nikki]

i asked the same question a while ago in the mia thread and a mia fan showed a scan of her book from last year in which she had a thank you note to M.. seemed nice.

[Guest Not4Pussies]

i asked the same question a while ago in the mia thread and a mia fan showed a scan of her book from last year in which she had a thank you note to M.. seemed nice.

i want to see.

[adreeyen]

She didn't necessarily thank her...

"It's hard to describe because under all the mess of the music, and her outspoken politics, and her family story, and all the Cinderella shit of some little Tamil refugee girl end up on stage with Madonna at the Super Bowl, is basically a human being that puts a blue next to a purple or a sound next to a word with a speed and decisiveness that you just can't compete with."

[Guest Not4Pussies]

She didn't necessarily thank her...

that's what is in the book?

[adreeyen]

that's what is in the book?

Yes, according to joe, who owns the book and typed that out for us.

I'm not sure if she even wrote it herself.

[Skin]

On one hand it did seem out of place for Madonna to kind of give MIA a lashing since she is the Queen of ruffling feathers, but on the other hand I understand that when Madonna ruffles feathers she does it on her own time.

MIA was pretty much a guest during Madonna's halftime show, and the performance was Madonna's vision, and she didn't see fit to ruffle any feathers during it at all and MIA took it upon herself to do so. Plus I am sure Madonna had to do a lot of reassuring that she wasn't going to do anything controversial since Janet's tit caused such an uproar, so out of respect for Madonna giving her word to the NFL that the performance was going to be clean fun MIA should have kept the finger to herself.

But yet again, at the end of the day as well it was only the freakin middle finger. Big whoop.

Whatever.

[SkyHigh76]

It's funny....before the show aired,I was concerned that one of them (Madonna,MIA or Nicki Minaj) would do something controversial.These three ladies are bold and outrageous Put them on a stage together and something shocking/provocative was bound to happen,LOL.

[Stephen]

Whatever MIA is irrelevant

[VogueMusic]

FUCK the NFL.

No...seriously... FUCK the NFL. They act like they're god in the context of American culture... What, I'm supposed to be impressed with a fucking sports organization about a homoerotic game with a deeply homophobic and heterosexist undertone (in its culture and history) that has this fucking stranglehold on American culture?

Seriously...Fuck them.

First it was a tit. Then a middle finger. GET OVER IT.

What the fuck is wrong with this country. My god we've got our heads up our asses. We don't give a shit about the things that really matter...and we make a fucking stink - and practically ruin peoples' careers - because we "get offended" over the most ridiculous shit...

A boob. A finger. WHO CARES? Those damn multi-million dollar commercials are more suggestive than the halftime show...but no one says shit about them.

Not sorry I'm ranting about this either. I couldn't even take it during 04.
Seriously, America and the NFL - GROW UP & GET OVER IT.

[s@ndz]

Well, with the growing science of sports-induced brain damage, NFL could be in trouble soon enough.

What i can't get over, though, is the fact that Madonna's Cleopatra Conquering Rome theme totally dovetailed with her being a gay icon conquering that bastion of American machismo which is the NFL in its premiere event, the Superbowl. And she achieved total domination, even destroying the game's ratings with her own.

SO BRILLIANT.

Beyonce, with total lack of.. subtext..could not begin to compare

[joe]

She went on a RTing rampage about it earlier and RTd me!

https://twitter.com/JOEDUNNN/status/381460304036892672

[VogueMusic]

Well, with the growing science of sports-induced brain damage, NFL could be in trouble soon enough.

What i can't get over, though, is the fact that Madonna's Cleopatra Conquering Rome theme totally dovetailed with her being a gay icon conquering that bastion of American machismo which is the NFL in its premiere event, the Superbowl. And she achieved total domination, even destroying the game's ratings with her own.

SO BRILLIANT.

Beyonce, with total lack of.. subtext..could not begin to compare

THIS!!!!

[Ai Papi Si.]

Well, with the growing science of sports-induced brain damage, NFL could be in trouble soon enough.

What i can't get over, though, is the fact that Madonna's Cleopatra Conquering Rome theme totally dovetailed with her being a gay icon conquering that bastion of American machismo which is the NFL in its premiere event, the Superbowl. And she achieved total domination, even destroying the game's ratings with her own.

SO BRILLIANT.

Beyonce, with total lack of.. subtext..could not begin to compare

Well said.

[neutrocks]

The thing is that this was Madonna's show, not M.I.A.'s. Madonna was gracious to invite her to come along for the ride. The Superbowl has always been a family oriented past time. I'm not saying that NFL football is all flowers and honey, but the fact is Madonna's mission was to deliver a clean show. Madonna knew this wasn't the place to fuck around and offend people. What M.I.A. did was quite disrespectful. It's not that America is uptight, it's the fact that you don't go around flipping off a majority of American people who watch a highly rated televised event without expecting a backlash.

I don't think Madonna even cares as much as the press and anyone is trying to make it. I don't believe she really is angry at M.I.A., and she has moved on from it. However, M.I.A. still took advantage of a moment and offended a lot of people. It may merely be a middle finger. It may not offend you, but I'd think as Madonna fans one would be a bit outraged that M.I.A. did take advantage to simply make an ignorant gesture that really had nothing to do with what was going on. Just because Madonna has had a history of being controversial, doesn't make it right for M.I.A. to purposely take this moment and offend a huge majority of viewers. Someone has to pay the piper. Madonna did nothing wrong, other than trust a fellow musician to act respectable at a national past time. The last thing Madonna wants to do is piss off an organization that has a much stronger fan base than she has in the U.S.

[Snowball83]

The fact that this was ever is news / is still being talked about, shows how much of a joke the world is sometimes. And the hypocrisy of Madonna frowning upon what the majority consider a distasteful stage act is disappointing. She's probably just jealous because it stole some attention from her.