ESPN OTL: Internal NCAA, EA Emails/Memo's Released in O'Bannon Lawsuit

Submitted by justingoblue on

ESPN released an article late last night detailing internal communication within the NCAA, member institutions, and EA Sports relating to the O'Bannon lawsuit. Some of the content is pretty surprising, at least to me. One high ranking NCAA official proposed dropping the term student-athlete in an internal memo, and also called into question the notion of NCAA defined and enforced amateurism.

To me, at least, there were two big revelations: Nebraska Chancellor Harvey Perlman's view on athlete likeness, and EA's internal practices for developing games. Within the article, Texas' women's administrator disagrees with Perlman, but I'm wary of blockquoting too much.

Perlman:

This whole area of name and likeness and the NCAA is a disaster leading to catastrophe as far as I can tell," wrote Perlman, a former member of the NCAA Board of Directors and law professor specializing in intellectual property. "I'm still trying to figure out by what authority the NCAA licenses these rights to the game makers and others. I looked at what our student athletes sign by way of waiver and it doesn't come close.

As far as EA Sports goes:  

Just a heads up, in case schools ask you this  all of EA's latest 2008 March Madness basketball submissions have current players names on the jerseys in the game," wrote Wendy Harmon, a CLC marketing coordinator. "I have called Gina Ferranti at EA about this (she submits all of these basketball ones) and she assured me that they will not be using those in the final version. She said they have to put the players names in so it will calculate the correct stats but then they take them off. Just don't want the schools to freak out  she said a few have already commented on it in their approval.

This email was sent by an official representing the NCAA in negotiations with EA Sports, the Collegiate Licensing Committee. An hour later from the same official:

Just an FYI on this in case word reaches the NCAA. This is exactly the type of thing that could submarine the game if it got into the media.

Hardware Sushi

September 19th, 2012 at 7:56 AM ^

I really hope players don't get paid. I don't even want to open this pandora's box.

Goodbye fun college athletics. Might as well watch better players in a professional league if they're getting paid.

justingoblue

September 19th, 2012 at 8:14 AM ^

I know I'm probably in the minority around here, but I just don't see how a fan of college athletics can take the NCAA's side on this. By my estimation, they're exploiting the Denard Robinson's and Trey Burke's of the world, pretty much by definition. They're making millions of dollars by selling name and likeness of a few students while compensating them with nothing (the NCAA doesn't give out scholarships), all the while preventing them from obtaining legal counsel in the form of an agent.

If there was another industry that sold its worker's likeness (yes, I realize there is a dispute over definitions here) without compensation and then prevented them from working when they attempted to hire a lawyer specializing in that field, what would the public opinion on that industry be?

Blazefire

September 19th, 2012 at 11:58 AM ^

The school and the NCAA are not the same thing. A lot of people say that it's a pandoras box, with schools with more paying more for their athletes, but that's totlaly incorrect. The schools should not, and probably would not, pay a dime. They're already paying their athletes in the form of a scholarship, which for out of state players over 4-5 years could be several hundred thousand dollars. That's more than many players would make in semi-pro leagues, so that value is there.

The NCAA is the problem. They're making boatloads, and the only thing they're doing for the student-athletes is providing a structure in which the games may be played. I think factory workers would be pissed if the logistics guy that shipped what they made got all of their pay.

TheTruth41

September 19th, 2012 at 9:36 AM ^

Many "bought in" to facebook when we created accounts and connected with family and friends (which is what made it so valuable) yet we did not receive any compensation for it...and if we did after the IPO we lost a bit. Only a few real winners in both situations.

njv5352

September 19th, 2012 at 9:01 AM ^

I am completely against paying any form of College Athlete.  I do agree with your assessment here though.  The NCAA wants to be the governing body and be able to make money at the same time.  It creates an environment where the athletes are bound by an agreement to a univeristy and the NCAA basically is stepping in and saying that since they are the governing body of all sports associated at the university level that they too are allowed to use the athletes as they see fit.  This is a completely bogus idea.  You either are the governing body or you are a money making marketing machine.  Those two things should not coexist as they have been allowed.  This is why the NCAA is in such a mess right now when it comes to punishment and investigation into fraud or any other type of scandal.  They know they are ultimately taking money away from themselves if they punish successful athletic programs.  There needs to be a governing body and then a marketing body set up seperately by the universities that would be universal. 

State Street

September 19th, 2012 at 9:49 AM ^

If I was a student at a D-1 school, I would be irritated by the fact that somebody with remarkably lower grades and test scores gets to go to school for free beacause they can jump a bit higher or run a bit faster.  I would also be irritated by the fact that they get round the clock help with homework and test prep while I slave away in the library hoping I can memorize everything there is to know for an exam.  I would also be irritated by the fact that said athletes who get free tuition also get $1000 every month to pay for "rent," when most reasonable places on campus rent for $500 or less.  I would also be irritated that said athletes get to schedule their courses before me and get way more preferable schedules.  I would also be irritated that said athletes get their own, private facilities for everything while I slave away in the dingy basement of the CCRB.  I would also be irritated that these athletes essentially have their pick of any job they want upon graduation due to their status while I stress out over interviews and applications and resumes.

The bottom line is that being a D-I athlete, especially in a revenue sport, comes with immense perks that are immesurable beyond numbers.  Are collegiate athletes really victims?

Blue in Seattle

September 19th, 2012 at 1:29 PM ^

A governing body should be funded solely by the institutions. The institutions should take care of players appropriately and fairly. So if the NCAA is collecting the money, where does it go. I had assumed to the schools. The schools and conferences negotiate TV fees now. That wasn't always the case though, and it took a law suit to break up the NCAA as the negotiating body for the schools. As long as all student athletess are compensated equally, I don't have a problem with directing more funds their way. But if Denard gets significantly more than Fitzgerald, and can hire an agent to negotiate for him, then it will start to create privilege for specific players and turn it into a farm league.

Feat of Clay

September 19th, 2012 at 10:15 AM ^

I understand that it seems unfair.  However, I think too often we point fingers at athletes being the sole abberation in an otherwise perfect meritocracy of admissions.  They are not and it is not.

First, there aren't that many of them (relatively speaking).  There are something like 750 athletes on U-M's campus, not all of them getting the full scholarship.  Not all of them have a "remarkably" lower academic profile than the average student, either.  You're talking about a pretty small number of athletes that qualify for the complaint you are lodging.

I would also point out that some number of them would qualify for financial aid if the athletic department were not paying their way, so even without their special status they would get things paid for.

Furthermore, athletes are merely the most visible of the people who get a boost (or a scholarship, or a tuition discount) for something beyond grades and test scores.  It's not just those who can "run a bit faster or jump a bit higher."  You've got people who can play the trumpet really well.  Who have shown outstanding leadership in high school.  Who missed their entire sophomore year due to life-threatening illness.   Who parents are alumni.  Or in the case of U-M, who had the good fortune to live in Michigan instead of being from out of state.  

It's far from a perfect meritocracy, and not everyone pays the same or gets the same perks while in college.  It can be pretty galling at times, I get that.  But IMO athletes seem to get bitched about the most, and painted with a broad brush, it chafes at my sense of fairness.

I think the main thing to take away from this rant is that "chafe" is just a funny word regardless of context.

Feat of Clay

September 19th, 2012 at 5:04 PM ^

 

Ah, you mean, my "get things paid for" comment, whereas I guess I should have said "some things paid for."  Financial aid typically includes loans, yeah, but I'd argue with you about whether the term "financial aid" is synonymous with loans.  

MPact has been criminally under-advertised and unreported, IMO.  U-M even used BTN money to help fund it, which, hey, suddenly not so tangential.

cbs650

September 19th, 2012 at 10:42 AM ^

so by your assertion, all student should be irrate at the fact the children of coaches who can afford to pay for their childs education get to go to school for free. my point is this a great student can get a scholarship from a school because that student brings something to the school. same with an athlete. people need to understand that somebody with marketable skills has the right to profit off their skill. everybody can do it except for a college athlete. gimme a break.

MCalibur

September 19th, 2012 at 10:42 AM ^

This is all irrelevant and colossaly-sized sour grapes. Its really a news flash that some people in society get preferrential treatment based on nearly arbitrary things? Is what it is man, our society rewards pretty people more than ugly people, tall people more than short people, skinny people more than fat people, and so on. Where's the news?

If there were a viable minor leage for football and  (to a lesser extent) basketball then yeah, the Demar Dorseys of the world could at least take their chances. But there isn't. Moreover, a player can get cut from Alabama for no reason and not be allowed to transfer without penalty. They aren't even guaranteed an education (NCAA forbids 4 year scholarships), and so on. Moreoverer, the definition of the word education is being stretched by some of these tailored degree programs being offered by essentially all schools. Players cant even sell their own property (gold pants and bowl rings for example). I know why, I just think its a bogus reason.

The gap between athletes and the student body at large brings nothing to bear on this conversation. Revenue sports athletes, especially the elite ones, generate a whole lot of scratch for a whole lot of people and are forbidden from participating in that benefit. The people creating the value are the only one forbidden from benefiting from that value. That's bunk. Pay 'em.

orobs

September 19th, 2012 at 11:15 AM ^

Give me a freaking break, man. If you worked 40 hours a week in ANY capacity (even as a janitor) in addition to schooling, you would be able to pay most of your tuition and have some spending cash (more than what football players have). Just because you can get a high score on a freaking test doesn't entitle you to the same benefits as somebody who works their butt off in high school sports and will bring in millions of dollars of revenue, while you study in the library and get drunk on Thursday night. What they do helps the university (and on special occasions, can help the players by getting them to the nfl). What you do helps yourself (and on special occasions, can help the university if you make enough to give back) And, please, you think theyre going to have an easier time in the job hunt just by being a bench warmer at michigan? You think somebody Russel Bellomy is walking into a hedge fund job without good credentials just because he played football at Michigan?

snarling wolverine

September 19th, 2012 at 11:44 AM ^

And, please, you think theyre going to have an easier time in the job hunt just by being a bench warmer at michigan? You think somebody Russel Bellomy is walking into a hedge fund job without good credentials just because he played football at Michigan?

You would be amazed at the doors being a college athlete (especially football/basketball) will open. It's absolutely a huge advantage to have that on your résumé.

Also, the vast majority of college athletes represent a net loss for their athletic departments.  Do not assume that because a guy has a scholarship to play tennis that he's actually bringing money in.  Even football loses money at some schools.  If your argument is to only compensate athletes at profitable programs, you'd probably run into Title IX issues off the bat.

 

 

 

orobs

September 19th, 2012 at 5:52 PM ^

Of course.  And they SHOULD have an advantage.  Being a Michigan football player is FAR more impressive an accomplishment than getting a 4.0 in college, and probably speaks more to work ethic than grades and tests.

 

It may give you an advantage, but a former player with a 2.0 GPA is still not getting a good job over a star student.

RagingBean

September 19th, 2012 at 11:37 AM ^

Just to fact-check you real quick:

The average cost of attending a 4-year institution of higher learning in 2010-11 was $21,657 (http://nces.ed.gov/fastfacts/display.asp?id=76)

Annual wages for someone working a minimum wage job (which is about right for most college students), at 40 hours a week, every week is $15,080 (http://en.wikipedia.org/wiki/Minimum_wage_law#United_States)

 

That's a different is $6,577. So the first thrust of your argument is very wrong. I'm not sure what point you're trying to make with the rest of your statement, but your perception of how much higher education costs is very off. 

RagingBean

September 19th, 2012 at 2:17 PM ^

Financial aid in the form of federally backed, privately-run student loans are also creating a whole world of problems in the country. There's now more student loan debt than credit card debt in the US, and it is working in tandem with the recessions to keep the youngest generation of workers from saving and spedning like their predeccsors. 

Feat of Clay

September 19th, 2012 at 3:34 PM ^

And so this is a great time to plug the fact that a number of institutions have committed aid dollars to making sure that students from the lowest-income families graduate with NO loans.  Some schools are even doing this for middle-class families.  

So at some schools, qualified lower-income students are getting aid that is financially pretty close to what D1 athletes get

/tangent

 

Jinjooappa

September 19th, 2012 at 11:21 AM ^

I'm assuming you're referring to football players. I have no idea if all scholarship athletes receive the same benefits.

I can't believe you'd begrudge the athletes anything they receive. If anything, football players are woefully under-compensated. Just think of their benefits as compensation for a job they're performing for the university. A job that has skill requirements that few in the student body possess.

As a former student I appreciated all the football players did for the school. They gave the school a great team for which to cheer.

They also subsidized part of our own education costs. Having the Athletic Department being financially independent and profitable allowed the University to not pass some of the costs to the students.

As for having to stress out about interviews, applications, and resume, that's all on you. If you're smart and motivated, opportunity will be there.

jmblue

September 19th, 2012 at 11:49 AM ^

I think all scholarship athletes receive the same benefits from the school (though in certain sports, the scholarships are divided up - there will be like 10 scholarships for 20 athletes).  The Title IX stuff is a problem.  I don't know if you can compensate football players without having to do that for everyone else.

Wolverman

September 19th, 2012 at 11:39 AM ^

  Why not get mad at the fact that just because a kids smarter than you are he gets to goto school for free too! Maybe if you had paid a little bit more attention in school you wouldn't have to slave away in a basement. Sports programs not only rake in millions for large universitys through ticket sales, jerseys and concessions they also inspire alumni to give back millions every year.

 It probably wouldn't be that big of a deal if the NCAA allowed them to work (i'm sure any regular student has a job) or the fact practice , film study, weight conditioning and anything else it takes to try and be competetive takes more time in a week than 99% of college students spend studying.

 Patrick Omameh held a 4.0 GPA in high school and scored a 28 on his ACT.  PFFT remarkably lower grades

 Off the field, Omameh visits the U-M Mott Children's Hospital weekly and participates with numerous service groups and charitable causes, including Relay for Life, Victors Day and From the Heart. He also has visited the Ann Arbor VA Medical Center and has participated in several other fundraising events, such as the David Mealer Memorial Golf Classic and "Bowling for Camp Mitchitanki." Omameh also was selected to the Order of Angell, Class of 2012, which includes leaders from a variety of campus organizations.

  What do you do in your off time to give back to your community or the university

Wolverman

September 19th, 2012 at 1:34 PM ^

 There are also a lot of regular students who attend the university who would not be there if not for some special circumstances. Most of the athletes provide a service for the university and the surrounding community. For example the football team spring game revenue goes to the Mott Chilrens hospital. How much money would the debate team be able to raise for Motts?

  Omameh might be the higher end of the spectrum but, there a lot of Michigan football players who try and help out their communities. Look at Martavius odoms, Zoltan Mesko, Braylon Edwards, Lamar woodley, Charles Woodson and Dhani Jones all of them donate a lot of time and some of them donate alot of money to charity. They try to return to their communities to afford other kids a shot like they received. I pulled these names up with doing 0 research but, how many busniess graduates who became multi-millionares go back to their high schools and  build librarys, donate money so their old school district can hire better teachers or anything like that. Sure those business grads donate money.... to the University of Michigan so they can add some luxery boxes and upgrade the athletic facilities.

 Student athletes in most cases have to work harder than your average student. To imply anything different is ridiculous.

 

Blazefire

September 19th, 2012 at 12:15 PM ^

People are under the impression that the NCAA and the schools that play games under its banner are the same thing. If you have a problem with the student-athletes getting all that, your problem is with the schools, NOT with the NCAA. The NCAA doesn't provide any of that. Nada.

This is the problem -

Schools recruit student athletes

Student athletes play a sport for their school, and in return recieve free or discounted tuition and room and board.

School makes money by selling game tickets, merchandise and so on.

NCAA sells licencing rights for products featuring the student athletes and makes money.

The School/Student-Athlete relationship is a sound, stable relationship wherein payment (in whatever form) is provided for services rendered. If you think that payment is biased or unfair one way or the other, fine, but at least it is a two way street. (Your particular argument also fails to recognize you can earn a scholarship for applying yourself accademically, artisitcally or socially, where it benefits the world in some way, so basically it sounds like you're bitching that some people work harder than you and get free education for it.)

The Student Athlete - NCAA relationship, on the other hand, is beyond bogus. Nothing is provided for services rendered under the pretense that  digital representations, numbered jerseys and other non-specific gear don't relate to a specific person, which we all know is bullshit.

Here's how it should work:

Student athletes agree to play a given sport for a given school, and recieve free or discounted education in return.

Schools make money by selling game tickets and team based merchandise. A portion of that money is paid to the NCAA to provide governance and structure for competition and the lives of student athletes.

Item manufacturers, like EA, approach individual schools about licencing fees to represent the school and its players in various merchandise. (If you're too small for a merchandise manufacturer to care about putting you in its product, that's too bad).

The school, either through a pre-set agreement in the LOI or through as-needed contracts, gets approval from the student athletes to be represented to okay that likeness or representation, in return for a portion of the licencing fees. To preserve some level of amatureism, entire teams must be licenced, not jsut individual players. You wanna make a Michigan licenced #16 shirt? Okay, but you'll be making all of the other numbers currently represented on the roster, and each player will receive the same portion of the licencing fees (football players might recive 0.25%, whereas basketball players might recieve 3%, due to the smaller number of players).

Asgardian

September 19th, 2012 at 1:09 PM ^

"I would also be irritated that these athletes essentially have their pick of any job they want upon graduation due to their status while I stress out over interviews and applications and resumes."

As a recent grad, I for one do not agree with this at all.  Many employers couldn't care less what you used to do on Saturdays.  Really depends on the job I suppose.

Also when I was a student "at a D-1 school", what irritated me A LOT more than any of those was when Michigan lost a football game.

 

jmblue

September 19th, 2012 at 1:42 PM ^

As a recent grad, I for one do not agree with this at all. Many employers couldn't care less what you used to do on Saturdays.

Are you a former student-athlete, or otherwise qualified to make this observation?

I once worked in the HR field, and can tell you that decisions made regarding hiring can be quite irrational.  The qualities that separate the successful candidates for entry-level positions from the rest often have absolutely nothing to do with what they did in the classroom.

 

FrankMurphy

September 19th, 2012 at 3:36 PM ^

Remember that annoying smart guy we all knew who could skip class, never study, and ace the exam by cramming the night before? Do you remember that friend we all had who would always do better than you on the exam even though he studied with you and reviewed the exact same material for the exact same amount of time? Are you irritated by them as well just because they're quicker or better at memorizing, comprehending, or test taking? 

snarling wolverine

September 19th, 2012 at 11:19 AM ^

If I was a D-1 athlete I would be irritated by the fact that people are making money off of my $90 jersey and $60 video game, but I don't have enough money to go out for a nice dinner.
99% of athletes at U-M won't have their jerseys for sale during their careers. There's the rub. If you compensate the Denard Robinsons of the world, you've got to compensate everyone - the Jareth Glandas, the cross-country runners, the swimmers, golfers, etc. I don't know if the money is there for that.

Tater

September 19th, 2012 at 10:03 AM ^

Players at (insert bile object school) already get paid.  All the NCAA has to do is stop telling players they can't take money.  The schools don't have to pay the players, but the NCAA has no business telling players they can't take money from outside sources.  

Under the current system, only the cheaters get paid.  If your BFF runs the NCAA, you get "punishment" that has almost no effect in the long run.  If you are a Coach K, the NCAA does a half-hearted investigation in cases like Corey Magette and now Lance Thomas.  The current system doesn't work, so why not just get rid of 95% of the rule book and fire the incompetent and worthless "enforcement" staff?

We saw what happened when Michigan decided to "compete with the big boys" in the 1990's; I would love to see that again, but without the cheating.  As it is now, Michigan is at a huge disadvantage.  They are doing it right, but have to play against and be compared to schools that are cheating.  

The players deserve the money and the schools that try to do it right deserve to compete on an equal playing field.  The players aren't even "amateurs" in high school anymore, but we still cling to an outdated concept that has about as much place in this era as a horse and buggy.

"The rich will get richer?"  They already are.

Yeoman

September 19th, 2012 at 4:02 PM ^

...Vonnegut's still as relevant as ever:

 

Every coach in the Ivy League was out to knock him down to a PE-003 again, and two losses would do it. Yale and Penn were loaded. Yale had floated a bond to buy the whole Texas A&M backfield, and Penn had bought Breslaw from Wisconsin for $43,000.

Roseberry groaned. "How the hell long they think a man can play college football?" he wanted to know. Six years before, Cornell had bought him from Wabash College, and asked him to list his idea of a dream team. Then, by God they'd bought it for him.

"But what the hell they think they bought?" he asked himself. "Sumpin' made outa steel and see-ment? Supposed to last a lifetime, is it?" They hadn't bought him so much as a water boy since, and the average age of the Big Red was now close to thirty-one.

 

Player Piano, ch. 28

ThWard

September 19th, 2012 at 12:28 PM ^

If you're the type of person that thinks college athletes are "already paid" (with scholarhips), then paying them a more fair amount won't fundamentally change that.

 

Further, not sure if the fact that it's fun watching kids play for free is a good enough reason to make them play for free while they generate billions upon billions of dollars.