“The player development is the main thing I like (about Michigan),” Williams said. “You can see that they develop their players. They get them in the gym and they work them hard. And their hard work pays off.”
ed obannon lawsuit
Oh, hey there. We have to stop meeting like this.
We don’t meet. We’re the same person. I just hit Ctrl-B and I’m you.
So I’m Tyler Durden, and you’re… Robert Paulson? No, that was Meat Loaf. Wait, Edward Norton didn’t have a name in that movie, did he? Huh. I guess I never realized that.
And neither of us knows Helena Bonham-Carter. But watching Michigan football these days is like punching yourself in the face in a parking lot, so I guess that works.
I’ll be over here making soap if you need anything
Anywho, the O’Bannon trial ended last Friday, and it’s time to poke the corpse with a stick for a while. Many people spent the weeks and months up to the trial saying that the NCAA was probably screwed. Many of those same people spent the three weeks of the trial declaring that the NCAA was DEFINITELY screwed (and mocking them at every turn). And then came the last day of the trial, in which the plaintiffs had a bad day and some people declared that the NCAA was only mostly dead. So, to clear things up, I’ll make the following nuanced legal prediction:
The NCAA remains deeply and profoundly screwed. I think.
We shall delve into the ways, and the likely outcomes, but if you don’t want to read beyond the impending blather and the jump and the more blather, you may enjoy this Fourth of July weekend comfortable in the knowledge that Mark Emmert will, in short order, have a sad.
So why did everyone say the NCAA might not have to go on the cart?
Well, the thing about anti-trust law…
[returns to rendering fat]
…is that it isn’t the remedy for all ills caused by gigantic douchey monoliths. The plaintiff (O’Bannon) has the burden of showing violations of antitrust law, not just terrible behavior; the NCAA could have burned the entire 1995 UCLA Bruins basketball at the stake and it wouldn’t be an antitrust violation. As sports law and antitrust guru Michael McCann put it, antitrust law is “about protecting competition in the marketplace for the benefit of consumers and marketplace participants.” O’Bannon has to point to a specific defined market that the NCAA is harming, and to identify who the buyers are and who the sellers are in the market, as well as the specific harm created to consumers or market participants. If you can’t figure out how that works when we’re talking about college sports, you’re in the company of at least one federal judge.
The plaintiffs struggled to articulate these things at the weird closing argument Q&A the judge did, because it doesn’t really map to college football very well. But while it is understandable, if O’Bannon can’t explain how the NCAA is harming consumers in a specific market, the NCAA could skate.
[AFTER THE JUMP: NSFMBF]
RIP, Bobby Womack. The man who provided the Michigan Replay theme, and eventually our podcast's, has died.
The whole thing is here; Womack was far more famous for doing a bunch of other things, but around here he's my ringtone. May the program once again live up to the awesomeness of the horns.
NHL draft stuff. Incoming F Dylan Larkin may have even gone a little higher than expected when he was drafted by (possibly) YOUR Detroit Red Wings at 15th overall. That's good for Michigan, as Detroit is generally patient with their prospects—so patient that it drives their fans nuts—and the friendship between Red and Mike Babcock should prevent Larkin from departing until he's good and ready.
The only other Michigan player to get drafted was Zach Nagelvoort, who went to the Oilers in the middle rounds. Quite a rise for him to go from "guy who had to leave his NAHL team to get playing time" to draft pick.
With the rest of Michigan's class kind of a patchwork of overagers, it's not a huge surprise that the rest of the guys got passed over. Dexter Dancs had a shot, but no one else was even first-time eligible IIRC.
Michigan could have a big 2015, with three incoming players under consideration for first-round picks. Kyle Connor was the second-leading scorer in the USHL; U17 D Zach Werenski is good enough that Michigan is trying to bring him in right now; NTDP defenseman Nick Boka was one of the first invites to that program in his year. Chris Dilks has all three on his "A" list of guys he's seen who have a shot at the first round.
With Cooper Marody and Brendan Warren also coming off good years, Michigan should have five current and future players called around this time next year.
That explains that. I'm pretty sure we are all already aware that the reason Michigan backed off of top 100 MN RB Jeff Jones was questions about his eligibility, but if there were any questions about those questions they should no longer be in question:
The highest-rated recruit to commit to Minnesota during the Internet recruiting era has reportedly failed to register an ACT score high enough for enrollment this fall, according to a report from the Star Tribune.
Running back Jeff Jones needed to improve his ACT score in order to offset a rough year academically as a sophomore at Minneapolis Washburn; the NCAA determines eligibility through a process that combines report card grade-point averages as well as standardized test scores. As the Star Tribune's Joe Christensen previously reported, Jones improved his ACT score with an April test, but needed to do so again on June 14.
He's trying some late hijinks with online classes and such that Michigan's admissions would almost certainly reject, so… yeah. Michigan accurately projected that he had very little chance of suiting up this fall.
O'Bannon's over. The trial is over after three weeks, and despite the presence of Mary Sue Coleman and Dave Brandon on the NCAA's witness list neither appeared. No doubt whatever testimony they had would have been redundant with various other president/AD types who took the stand to explain that the NCAA was good and college was good, but I was looking forward to this Claudia Wilken person giving Brandon the stink-eye for assertions that, to be fair, would have been no less ridiculous than a bunch of things we already heard.
To me, nothing sums up the NCAA's argument better than Mark Emmert responding to a question about his 1.6 million dollar salary:
Emmert: "My salary is set by the executive committee who hires compensation experts that establish benchmarks."
— Andy Staples (@Andy_Staples) June 19, 2014
You can justify anything if you hire a consultant to do so, and will try to if you are the kind of person who can thrive in an organization as orthogonal to reality as the NCAA. I have no doubt the parade of ludicrously-compensated suits the NCAA paraded in front of the court genuinely believes themselves to be agents for good in a corrupt world. You cannot get a man to understand something his job prohibits him from understanding, after all.
I have real problems with the executive class of the NCAA acting like they're running a hedge fund in everything they do and then expecting us to believe the things that come out of their mouths, and eagerly await whatever comeuppance the legal system can contrive. It won't be enough, but whatever.
Speaking of that. Delany is "driven" to have the Big Ten Basketball championship in MSG despite the fact that it is booked during championship week.
Greatest comment ever. Great satire can be mistaken for genuine sentiment… and I think this comment left on an O'Bannon wrap-up post on CBS is satire.
ONLY one man can save colleges.. save sports and save the country
and that man is NICK SABAN
jealous sports nuts as host of sports talk in knoxville... saying that nick saban hated women and is a bully
usually GREED MONSTER guys after they get rich and popular dumps their wives for a younger
and more pretty woman.. NOT saban still married to the same one since 21 ... and not only rich and popular but also good looking for women...... THAT is proof that saban is not what these insane jealous;nuts try to make him out to be..
the best thing for america is to make saban the dictator of the country just like he has done with bama football and the same great success for the country will come .... all people ,must obey saban for all peoples success... just like all bama players obeys and they get the greatest success
saban as dictator sets up the best system and places everyone himself in the right position... like he does with football
lets hear it...... HIP HIP HOORAY....... HIP HIP HOORAY .NICK SABAN FOR DICTATOR of AMERICA!
But I'm not entirely sure.
Hello. The USA is playing a knockout-round game in the World Cup today, so nothing is going to knock off my shine. But I should mention that Rutgers and Maryland are now officially part of the Big Ten. The Big Ten has celebrated this by taking pictures of their mascots in Washington DC. That is all.
Etc.: Stop reading about my early opinion of Tate Forcier and read my early opinion on Nik Stauskas.
A veritable flood. Congrats to Nik Stauskas, Mitch McGary, and Glenn Robinson III as they embark on their NBA careers. I'm not even going to linger on the fact that if the Pistons didn't get jumped in the draft order their shooting-desperate butts would have been sitting at #8, where Stauskas went to the Kings. I'm not going to just stand over here banging my head against the wall and moaning "whyyyyy."
I will take off my ratty, old Pistons hat and put my Michigan one on so I can be happy:
— William Locke (@william_locke24) June 27, 2014
Morgan signed a free agent contract with the Timberwolves.
Meanwhile Caris LeVert is projected as a lottery pick next year. #welcometothefactory
It's not impossible. A pretty stunning counterpoint to Michigan's claims that their issues with selling tickets are everyone's issues:
Hats off to #PennState fans. School sold out allotment of Over 21,000 student season tix all bought in just SIX minutes!
— Bruce Feldman (@BruceFeldmanCFB) June 27, 2014
Penn State's fan culture has remained that enthused through all of that. There's something to learn there. Or we could just keep hiring people from the Knicks with no clue about college sports or Michigan.
Keeping the band together. Michigan's three basketball assistants have signed contract extensions. Finally, someone spends money on something that they definitely should.
The other draft. The NHL Draft starts tonight; recruit Dylan Larkin is likely to go off the board in the first round, so there are a number of "here's this guy" articles. USA Today:
Larkin might be the safest pick because he's a gifted skater who could be a team's No. 2 center for 10 years.
"He is probably the most fluid skater in the draft," said Dan Marr, director of NHL Central Scouting. "He has a powerful stride, and he is also an intelligent player."
Red Line Report has him going 16th to… sigh… Columbus.
The Washington Post also had an interesting piece about how college players are underrated relative to their draft positions:
Of the players drafted from 2006 to 2009, 14.7 percent of players from Major Junior have hit that benchmark [of 40 NHL games]; players from collegiate programs, on the other hand, have hit that mark 17.1 percent of the time. And those players from Major Junior are picked close to a round earlier on average than those playing in college (97th pick vs. 121th pick).
This is not a huge surprise. College players play in a tougher environment against older players, in which points translate more readily to higher levels:
Despite this, college prospects are actually getting drafted less often even as the percentage of players in the NHL from the NCAA ranks hits all time highs—30 percent as of last year. Meanwhile:
A study of players selected in the NHL draft from 2000 to 2006 shows that an incredible 70 percent of U.S. college players taken in the first round went on to play at least 300 NHL games (100 or more games for goalies drafted in the first round) compared to 57 percent of all other players selected in the first round through the same time period.
There is a Moneyball opportunity here for any GM who isn't a neanderthal.
That's going well, then. Stewart Mandel's final take on the O'Bannon case: there was something there to argue, but instead the NCAA trotted out a bunch of empty overpaid suits. ESPN's Tom Farrey was willing to declare "Game Over" at halftime. Grantland's Charles Pierce titles his story simply "How It Ends."
They said it couldn't be done. As first reported by mgouser Canadian, hockey tickets are actually declining(!) in price this year:
Just got an email informing me that this seasons prices have been reduced. Endzone seats see a 15% drop, sideline 12% and centre ice 10%.
Also I noticed at the bottom of the email that season ticket holders will receive a 20% concession discount before the start of the game (for every home game). This is great news for myself as that's the only time i visit the concession stands (grabbing a bite to eat as I have to rush over right after work).
Wags immediately assert not to click on any links as this email must be written by a Nigerian prince, but no seriously I got it too:
I wonder when the last price drop in one of the big three sports happened. I certainly can't remember one, but you have to figure that basketball was walking back prices at some point during the dark period. Ticket demand for hockey must be very soft, what with two years out of the tournament and basketball going like gangbusters.
There's also an assortment of season ticket holder benefits. While none of them are particularly significant, it is a step in the right direction for a department that has basically laughed at the idea of loyalty since Brandon was installed.
Ty Wheatley tribute. Wolverine Historian releases a new version that's five minutes longer because why not:
A sizeable nerve hit. John U Bacon's article about Michigan's season ticket situation was so popular his server imploded under the pressure, and now Yahoo has asked him to consolidate and refine it for their site. I don't think the headline guy did him any favors by invoking "greed", but if you liked the original you'll find plenty to agree with in the sequel. It also gives me the opportunity to pull another money quote, so here goes:
Yes, advertising in the Big House does matter. Americans are bombarded by ads, about 5,000 a day. Michigan Stadium used to be a sanctuary from modern marketing, an urban version of a National Park. Now it's just another stop on the sales train.
Everything the ticket holders spend hundreds of dollars to wait for and pay for, they can get at home for next to nothing – including the ads -- plus better replays. They can only get the marching band at the Big House.
John might be attempting to set a record for "number of times single piece gets emailed to me," and I think he's just about caught that piece about Gibbons that every MSU/OSU troll in the world sent me.
Just when your life was running low on gravel trucks. Mike Barwis has a reality TV series coming up from the Funny or Die guys, who happen to be fanatical Michigan fans. Barwis is a natural for this, of course.
Well done, Jim. Jim Delany took the stand as an NCAA witness. For the umpteenth time, an NCAA witness went over a bunch of stuff the judge said she wouldn't be considering like the impact on non-revenue sports. Delany also issued more College Is Good statements that make legal analysts rend their garments at their irrelevancy.
That was par for the course. Then Delany firebombed his side's cause:
Delany is tired of athletes being asked to spend all year on voluntary -- read: mandatory -- workouts. He'd like to see athletes get a chance to spend a semester abroad if they chose. He believes they are supposed to be students first. As he said all this, he admitted he remains very much in the minority among the policymakers in college sports on those issues. (Case in point: The schools have recently passed rules allowing football and basketball coaches to spend more time with their players in the offseason.)
That admission from Delany hacked several questions off his cross examination.
The plaintiffs have spent the entire trial trying to prove that in today's NCAA, players are athletes first and students second. The NCAA's attorneys and most of its witnesses have insisted that isn't the case. They say the athletes are students who just happen to play sports. They say allowing football and men's basketball players to sell their name, image and likeness rights would drive a wedge between the athletes and the student body. The plaintiffs contend the wedge was driven long ago and extra money in the pockets of the athletes won't change that. Delany helped them make that case Friday by explaining the reforms he'd like to see that actually would make the players feel more like regular students and then by explaining that they'd get steamrolled if they came up for a vote.
I only have one problem with Andy Staples's article:
Outside of the Big Ten, Delany is massively unpopular. He continually stood in the way of a college football playoff. He essentially claimed an SEC team beat a Big Ten team for a football national title because the SEC team was faster and dumber. He created a cash cow of a cable network while still banging the drum for amateurism.
He is massively unpopular to Big Ten fans as well after adding Rutgers and Maryland.
Meanwhile, in Emmertland. Staples covers Emmert's testimony:
Emmert discussed the "commercial pressures" to use athletes in a variety of ways. "One has to make sure, in an amateur context, that it doesn't go to a place where the student-athletes are in fact being used as nothing more than shills for a product," Emmert said.
Staples got a little snarky. I understand. It's hard not to be. As I've noted before, taking the NCAA's model and trying to justify it in a courtroom leads to progressively increasing levels of cognitive dissonance that end with you going ACK and snarking.
Oh no, what would that be like. Upside to the NCAA enforcement department ceasing to exist, from the NCAA's perspective:
Banowsky (NCAA): It would be "highly-corruptive" if big money boosters, tied to AAU coaches and "South Beach parties", negotiated IP rights.
— Michael McCann (@McCannSportsLaw) June 23, 2014
Dinosaur hit by Google meteor. It must have been grand to be a sportswriter in the days when the collective memory of your readers was about six months long, tops, an you could just recycle your bits ad nauseum in between three-martini lunches. Unfortunately, these days you can just plug "out of touch sportswriter name" and "topic" and verily, thou art exposed.
So when Dan Shaughnessy wrote a "but I don't want to like soccer" piece that seemed 25 years old, it was quickly discovered that the reason it seemed 25 years old is that it actually was. Deadspin:
Hands are what separate man from beast
June 22, 2014
Soccer takes away our hands. This makes the game incredibly skillful and exhausting, but also robs fans of much of the beauty of sport. Hands and opposable thumbs separate us from creatures of the wild.
June 17, 1994
And what's with the hands? How good can any game be when you can't use your hands? Hands are what separate us from the animal kingdom.
July 5, 1990
Finally, there is the hands problem. Hands and thumbs, that's what separates us from the beasts of the jungle.
I'm terrified that I repeat myself too much when I go on about how punting is evil or the NCAA should keel over and die posthaste, because I came of age shaking my head at dudes like Shaugnessy and Rick Reilly who phoned in the same four columns for 20 years.
I used to be really mad at these guys because they were wasting the greatest job in the world. Nowadays it's more contempt than anger. Y'all are still doing this in 2014?
Hockey scouting. Over The Boards collects a bunch of scouting on college-hockey bound gentlemen, touching on a number of Michigan recruits. Zach Werenski, who may be on campus this fall:
He’s deliberate and doesn’t put himself in situations to fail. He doesn’t pick his battles, he just battles smart. His natural abilities, what he’s worked on, continuing to improve, I think the debate is what part of what he does is going to persist to the pro level, but his being well-rounded I don’t think makes him undefined like some toolsy kids that can’t figure out where they put their skills in the toolbox and when to pull them out, you know? He knows what he can do and plays to it: situational awareness.
2016 D Griffin Luce:
“Luce is arguably the best ’98 defenseman in the country. He has great size at 6’3, 200 and plays with an edge, throwing his body around in the corners and in-front of the net in his own end and is a presence on the offensive blueline. Luce moves very well for his size and age and handles the puck effortlessly with hard, crisp, tape to tape passes up ice. He can run the powerplay and with his reach and hockey IQ is an ideal penalty killer as his head is always on swivel and getting his stick out to take away passing lanes."
Luce is projected as a potential first-rounder. 2015 F Kyle Connor gets a brief mention as a kid who has really come on this year. That is understating it a bit. Connor was second in the USHL in scoring this year, highly unusual for a kid his age, and is one of three 2015-ish recruits at the WJC evaluation camp this year. I know Yost Built has been fretting about whether he'll follow through on his commitment, so hopefully this reassures somewhat:
“Growing up, that was my dream school,” said Connor. “I’m a Michigan football fan and Michigan everything, even my parents are big Michigan fans. When I heard they offered me the scholarship it was a no brainer.”
Saginaw drafted him in the 14th round, and they're not known for swooping in on college commits.
I will also take this opportunity to note that UNO has a kid named "Luc Snuggerud" coming in this year. That has to go high up on the list of most hockey names.
Etc.: EMU to install a gray field, start calling Rynearson "the Factory." "Why isn't EMU I-AA?" you ask, because that's what you always ask about EMU.
Wat. All joke circuits shorted out, man.
Bitcoin St. Petersburg Bowl is new name of St. Pete Bowl, source told @ESPN
— Brett McMurphy (@McMurphyESPN) June 18, 2014
I just can't, man.
I wish I could disagree. Michigan opens up as big dogs against Michigan State (they are +7.5) and Ohio State (+8). They're only +3 for Notre Dame, so we've got that going for us.
Michigan should be favored in the rest of their games; they're a touchdown favorite against Penn State and –3 against Northwestern.
O'Bannon stuff. The trial has been a bit odd, as scheduling issues have caused plaintiff and defense witnesses to come in a jumbled mess instead of a particular order. I think we can safely call this the low point (read tweets from bottom):
— SB✯Nation CFB (@SBNationCFB) June 13, 2014
Yesterday South Carolina president Harris Pastides had his turn on the stand, where he asserted that if athletes were granted rights to their image that South Carolina would shut everything except football and men's basketball down, because they can't find any more money.
Pastides said only way to raise $ would be get more from state (doubtful), raise from donors, raise tuition or cut sports programs
— Mark Schlabach (@Mark_Schlabach) June 18, 2014
I did not see any tweets to the effect of "plaintiff lawyer ask Pastides how many sports South Carolina had in 1990 and how much revenue they had then," unfortunately, but Kevin Trahan jumped on Pastides's ridiculous assertions anyway.
One dollar says Christine Plonsky sounds like Ben Stein
Meanwhile Texas women's AD Christine Plonsky, who we've pooped on in this space before, turned in the spectacularly tone-deaf performance you'd expect, claiming in a danged courtroom that players asking for a slice of the money they generate is a symptom of "entitlement." Plonsky seems to think everything is entitlement. From last April:
"Who gets a four-year, $120K deal guaranteed at age 17?" Christine A. Plonsky, women's athletic director at the University of Texas, wrote in an e-mail to The Chronicle. "The last thing young people need right now is more entitlement."
From September 2012:
"I view these cases as being the result of the entitlement attitude we've created in our revenue sports," Plonsky wrote. "We now have threatening s-a's -- many of whom, based on grad rates of the '80s and '90s, sucked a whole lot off the college athletics pipe -- and now want to buckle the system at the knees of the expense of today's s-a's."
Plonsky makes 350k a year supervising sports that lose piles and piles of money; a large chunk of her testimony worked its way around to the fact that the NCAA is protecting their athletes from commercial "exploitation."
It's remarkable how insane these arguments are once you put them in a legal setting. In the NCAA's eyes, it's only exploitation if someone gives you money for something. The people with inflated salaries preventing this transaction from happening are the heroes.
I leave the law-talkin' to BISB, but the immense amounts of double-speak being issued here would make me want to swing my gavel into the head of the people presenting them.
And today. Today is Mark Emmert day. He probably won't issue quite as many howlers as Plonsky, who has a real knack for sounding like the worst possible use of 350k. I wouldn't take a bet on that, though.
The latest "people are just in charge of things for no reason." KU's student government took a look at the athletic department's finances and recommended that KU's student athletics fee should be terminated. They ended up not quite doing that but cutting about a quarter of the completely unnecessary subsidy to the AD. The AD responds thusly:
Kansas associate athletic director Jim Marchiony said Thursday that the KU athletic department has decided to re-allocate those seats for boosters, cutting out some of the KU students’ best real estate.
The decision, according to Marchiony, stems from a student government vote earlier this year that aimed to remove a student fee that channeled close to $1.1 million to the athletic department.
Kansas athletics revenues have almost doubled since 2005.
Nope, not yet. Zagsblog momentarily reported that Canadian PG Jamal Murray had gotten a Michigan offer, but corrected itself. Michigan called, but an offer is not on the table at the moment. Murray has been on an unofficial so he could get one at any time, and while he's mostly being recruited as a point guard he is 6'5" so there is some possibility he could coexist with Thornton or Winston.
In other basketball recruiting news:
- Michigan is poking around 2015 NY SG Matt Ryan. Ryan has a Notre Dame offer and is projected to end up there by the 247 Crystal Ball; he might be waiting for bigger offers.
- Another new name($) is 2015 FL combo guard Prince Ali, a former UConn commit who's around 50th most places. His named popped up out of nowhere when Rivals's Eric Bossi reported that Ali's top two are now UCLA and Michigan. Ali is a "hardcore driver and really athletic" who needs to work on his shooting; he'd be a departure from the Beilein mold. He should take an official this fall.
- 2016 CA PF TJ Leaf is thinking about moving up his thinking about moving up his timetable to March instead of taking officials next fall.
While Michigan appears to be looking at other options, Jalen Coleman is the top priority in 2015. Given the promising way the class of 2016 is looking Michigan may take a small 2015 class (they have one spot now but will probably get up to three or four) in order to take more of the 2016 guys.
A potentially large blow for Buckeyes. OSU was going to rely on freshman shooting guard D'Angelo Russell heavily, as he can shoot and such. OSU needs someone to do those things. But they may not have him; he still doesn't have the requisite test score:
The eligibility center is awaiting Russell’s score from a standardized test he took earlier this month, the source said. He needs a test score that, combined with his grade-point average in his high-school “core courses,” makes him eligible to play as a freshman.
If he doesn't get the number there he's just about out of chances.
Prepare for hits. USA Hockey has announced the 42 players invited to their WJC evaluation camp, including four Michigan players: D Michael Downing, F JT Compher, F Dylan Larkin, and F Tyler Motte. Recruit(!) Kyle Connor is also invited; he's the second-youngest player there.
Compher made the team last year before a broken foot sent him back to Ann Arbor for the GLI. Compher played anyway, because he is JT Compher, and this is the reason he's a holy lock for the WJC this year:
The group embodies what Johansson hopes to have with the group picked for the 2015 WJC: Strong, skilled and hard to play against.
"J.T. Compher embodies all of that," Johansson said. "We look at a player like that and a coach says I can use him in any and all situations. He's hard to play against."
Motte went last year and should go again this year. Downing probably won't make the team without a big leap from him; the US is stacked on D. I'd bet Larkin goes as well. The hockey roster's enormity will at least give Michigan options for the GLI.
Etc.: I would be super mad about this, but I am not perpetually aggrieved. Tyus Battle visits Louisville and Kentucky, says requisite nice things. David Sills, who committed to Lane Kiffin as an eighth grader, is not going to end up at USC. Surprise.
Alternative Title: O’Bannon… You Came And You Sued For Injunction…
Alternative Alternative Title: Selling Little Bottles of OLB #9
The O’Bannon antitrust trial started this week, and because trials are fun and listening to the NCAA’s lawyers is amusing as hell, let’s talk about it. To properly understand this, we have to go back to the year 1890 and the passage of the Sherman Antitrust Act…
Sweet tapdancing hell we are NOT doing this again. We’re not going back to freeking nineteenth century.
Oh come on, this stuff is interesting.
I just died of boredom.
Fine. But we at least have to go back to the year 1995. Ed O’Bannon is the best player in college basketball; he averages 20.4 points and 8.3 boards and wins the Wooden award, and his UCLA Bruins win the national title. So that was cool. Then, a decade later, a younger relative showed O’Bannon a copy of EA Sports’ NCAA 2007, which contained some classic teams, including the 1994-95 UCLA Bruins. O’Bannon noticed that (a) he was in that game, and (b) he hadn’t been paid anything for his appearance in the game. This, he deduced, was crap.
But he waived his rights to get paid for that, right?
Indeed. All athletes, before they play a single second, have to sign a waiver that relinquishes any rights they have in their likeness. The NCAA can use any player’s image for whatever the NCAA sees fit, and owes the athlete nothing. In fact, as you may know, if players DO get paid for their likenesses during their playing careers, they get suspended for an entire season. No, wait, that’s pot. You get suspended for one half of one game. But still, athletes can’t get paid.
There is, however, a way to get around that waiver. If the NCAA violated the law in forcing O’Bannon and other athletes to waive those rights, the waiver are invalid. If only such a law was passed during the Harrison Administration (NNTHA) that Bolded Disembodied Alter-Ego would let me discuss…
Sigh. Fine, just make it quick.
|Other plaintiff's attorney|
WOO. The Sherman Antitrust Act makes certain anticompetitive behaviors by entities that have dominant positions in a given market illegal. It’s not against the law to create a monopoly, but if you have one, you can’t use it to restrain trade or hurt consumers. If you’re Microsoft, you can install Windows on 80% of all computers, and that’s not a problem. If you use that 80% market share to bundle everything with Internet Explorer so people won’t use Netscape Navigator, that IS a problem.
Yes, the problems of the 1990s were bizarre in hindsight.
And what exactly are the plaintiffs whining about?
When athletes start playing, they have to sign a waiver that surrenders all of their name, image, and likeness (“NIL”) rights to the NCAA. The NCAA can then use those rights however they see fit without compensating the athletes in any way. Two ways they use athletes’ NIL rights are in licensing for video games and licensing for live television broadcasts of games, promos, etc.
For video games, it’s a pretty easy case to make. The NCAA used to grant EA Sports the right to develop and sell video games with all of the FBS teams and players, and in exchange EA Sports would add a little depth to the Scrooge McDuck coin vault swimming pool. The NCAA has tried, half-heartedly, to argue that it is a coincidence that the rosters of every college team have every player with the appropriate height, weight, position, number, skin color, athletic characteristics, and general appearance. This issue bleeds over into other not-about-Player-X-but-definitely-about-Player-X stuff like jersey sales; sure, Michigan wasn’t selling Denard jerseys. But they were selling Denard jerseys.
The other issue is television rights. Right now, conferences sign television deals with networks, networks televise games, networks pay conferences large sums of money, conferences distribute that money among the member schools, and member schools give players… uh… the satisfaction of a job well done. O’Bannon is arguing that part of the value of those broadcasts are the result of the NIL rights that the players have to sign over to the NCAA.
[AFTER THE JUMP: More of what we're talking about here]