Mark Cuban believes the NBA has the tanking problem backwards. Instead of fining teams and threatening rule changes, the Dallas Mavericks minority owner argues the league should embrace losing as a legitimate strategy for building championship contenders.
Cuban laid out his case in a lengthy social media post Tuesday morning, directly challenging Commissioner Adam Silver’s approach to the issue that has dominated conversation during the 2025/26 season. The NBA has already levied hefty fines against the Utah Jazz and Indiana Pacers for blatant tanking, with more changes expected to the league’s rules.
“The NBA has been misguided thinking that fans want to see their teams compete every night with a chance to win. It’s never been that way,” Cuban wrote on X.
“When I got into the NBA, they thought they were in the basketball business. They aren’t. They are in the business of creating experiences for fans… Fans know their team can’t win every game. They know only one team can win a ring. What fans that care about their team’s record want is hope.
“The one way to get closer to that is via the draft. And trades. And cap room. You have a better chance of improving via all three when you tank.”
His argument hinges on the reality that sustained success requires elite talent, and the draft remains the primary avenue for acquiring it. Tanking for a year or two can easily result in a team becoming a true championship contender, and if anyone needs proof of this, simply look at where the Oklahoma City Thunder were five to six years ago versus where they are now.
Apron rules make tanking more attractive
Cuban expanded his thoughts with a second post discussing why tanking is worse this season compared to previous years and how the league’s new apron and tax penalties impact an organization’s decision to tank. The financial constraints created by the second apron make it nearly impossible for struggling teams with max contracts to improve through free agency or trades.
“With two max [contract] guys you better be trying to go deep in the playoffs,” Cuban wrote. “(If) one of your two max guys underperforms or get hurt, now you are struggling. You hope your injured player comes back before you are out of it. If he can’t. The only smart thing to do is tank. It’s the only way to really improve your team since you are at or near the second apron.”
Cuban also stated how valuable rookie contracts are in the league today because of all the apron rules, as well as how franchises can’t tell the truth to their fans because the NBA will simply fine them for blatantly saying that they aren’t good enough to win. That forced dishonesty creates an awkward dynamic where everyone knows what’s happening but teams must pretend otherwise to avoid penalties.
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