An NBA spokesman responded to David Boies' statements on Monday that calling the NBA would be a waste of time because league officials are not yet willing to seek a settlement of the antitrust lawsuit and lockout that threaten to wipe out all of the 2011-12 season.
"Mr. Boies is wrong," said NBA senior vice president Mike Bass. "As the union knows, we're very receptive to negotiations without regard to who places the call."
Bass refers to the players' side as "the union" but the players' litigation assumes that the union no longer exists. The union's disclaimer of interest -- which the NBA will argue was a sham, used only as bargaining tactic -- was intended to disband the union and permit the players to take legal action.
Even within what would appear to be a conciliatory statement from the NBA, the disagreement between the two sides is evident.
The big question now is whether any substantive effort at a resolution will be undertaken this week, regardless of which side makes the first call or what name each would use to describe the other.
Given that the NBA needs one month before kicking off the regular season schedule, a deal would need to be reached by Friday in order to start the season by Christmas.
Earlier reports have indicated that the league lacks interest in starting the season after Christmas. Conceivably then, Friday could be the deadline to come to an agreement that saves the season.