While Adam Silver is pushing new rules to curb tanking, Mark Cuban isn’t buying it. The NBA recently presented multiple anti-tanking proposals to its Board of Governors, hoping to reshape the draft lottery system. However, Cuban believes the league is solving the wrong problem entirely — and warns the changes could actually make teams tank even more.

Recently, Cuban appeared on the Club 520 podcast, where he discussed several topics, including Silver’s potential solutions to counteract tanking in the NBA. “I don’t think changing the odds for draft picks is going to change anything, because like I saw one, OK, the bottom 10 teams all get a six percent chance. People are going to take more because they got as good a chance as anybody else. Yes. And so, you know, he’s got a tough job and I get him credit for just trying to grind it out. When we get to the next year, and it’s not as good as the draft. But the other part of it is dudes are just better coming into the league now,” Cuban opined.

However, he gave Silver his flowers and understands that the NBA Commissioner will have to take some steps, as there’s so much talk about tanking. Cuban felt that Silver reached his level of tolerance with so much outrage around tanking in the league. ” I mean, you know, and he’s done a good job, right? You might not agree with everything he’s done, but to be able to lead all that is not easy. And so he deserves a lot of credit. And I just think, you know, all that stuff adds up, the gambling stuff and the players and all that. And then, you know, people talking about tanking, and it just adds up, adds up, adds up. And then you’ve got to respond at some point because it just gets to you. And so I think it’s not that this year is different, even though it’s a good draft class. It’s just that I think he just reached his limit, you know,” Cuban added.

The league’s proposed changes, first reported by Shams Charania, aim to discourage teams from bottoming out — but each comes with major trade-offs. The first proposal dramatically expands the lottery to 18 teams, including both lottery teams and Play-In squads. More importantly, the bottom 10 teams would all receive equal 8% odds at the No. 1 pick — a move designed to remove the incentive to finish dead last. However, as Cuban pointed out, flattening the odds could also encourage more teams to tank since the difference between finishing worst and just bad becomes minimal.

Another variation keeps the 18-team structure but limits equal odds to just the five worst teams, with the rest receiving gradually decreasing chances. Meanwhile, a more radical third option expands the lottery to 22 teams — including Play-In teams and even first-round playoff exits — with odds based on performance over the past two seasons.

Additionally, the league is considering a minimum win floor. For example, a 15-win team could be treated as a 20-win team for lottery purposes, reducing the benefit of extreme losing. The top four picks would still be determined through the lottery, as is currently the case.

The proposals will head to a vote in May, but the bigger question remains: will changing the system actually change behavior? Cuban clearly doesn’t think so, and he has consistently argued that the league should take a completely different approach.

Mark Cuban requests that the NBA embrace tanking to improve the fan experience

While the NBA continues to crack down on tanking, Cuban has taken the opposite stance — arguing that embracing it could actually improve the fan experience.

In February, the league fined the Utah Jazz $500,000 and the Indiana Pacers $100,000 for resting healthy players, citing competitive integrity concerns. Both teams were also warned they could lose draft picks for repeat violations.

However, the decision didn’t sit well with Cuban as he felt that the NBA should be more transparent while discussing issues like tanking. “The worst s— that the NBA dishes out, is that if you don’t lie to your fans about what you are doing, even though it’s obvious to them, you get fined. And they threaten you with losing picks,” he wrote on X.

Cuban, who now serves as a minority owner after selling his majority stake, pointed to the Mavericks’ own history as proof. Dallas went 24-58 in 2017, positioning itself to acquire Luka Doncic in the 2018 draft. While the team later moved Dončić to the Lakers in 2025, Cuban’s argument remains simple — fans were willing to endure losing if it meant landing a generational talent.

“We didn’t tank often. Only a few times over 23 years, but when we did, our fans appreciated it. And it got us to where we could improve, trade up to get Luka, and improve our team,” he wrote.

At its core, this debate comes down to philosophy. Silver wants to protect competitive integrity, while Cuban believes transparency and long-term rebuilding are better for fans. The upcoming vote won’t just decide draft odds — it will shape how the NBA defines winning, losing, and everything in between.