[superheadcat]

my take:

fortson made a foul play, and as a result, nba imposed certain penalty. those r facts.
now, some people consider those penalty "fair" (like cuban), and some people consider them not fair (like suns owner, or madape). but now, these are not matter of facts, they r matter of opinions. just because u agree with one opinion does not mean those who agree with the other opinions were wrong or morally suspectible.

now for cuban's response:
1. suns owner voiced his opinion about the fairness of the penalty, and proposed a special committee from nba to discuss this issue.
2. in response to the fairness of the penalty, cuban stated while he understands the suns owner stood up for his player, he believe the penalty is fair
3. in response to the special committee, he stated he'll support suns owner if he goes beyond seeking "apathy", and advocates a "higher level of activism", which, by cuban's interpretation, includes discussing other issues like international play or charge rules. that means, if the suns owner only wants a committee for this particular penalty, cuban won't support it.

it looks to me cuban's comments are very much right on topic and closely related to what suns owner was saying. and how big a strech it is to say more owners with such attitude would be a good thing to nba?

to criticize cuban for being hypocritical, one has to prove either one of the following:
1. contrary to what he said, actually, privately, in his mind, cuban believes the penalty is not fair, but for some reason, he chose to lie about his feeling and publically stated he believe the penalty is fair.
2. generally, nba would carry out a penalty of different magnitude for this kind of foul play, but somehow, someway, cuban is able to influence nba's decision making, which resulted in the current penalty. and then cuban claims publically that the penalty is fair.

either case, it is helluva burden of proof.