MGoRadio 5.8: How to Take a Bath Comment Count

Seth November 1st, 2019 at 6:41 PM

wsg Richard Hoeg, small business attorney, who's going to walk us through the NCAA's response to NIL rights

The Sponsors

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[After THE JUMP: the NCAA takes theirs first, Notre Dame gets theirs too]

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1. Name & Image Rights, wsg Richard Hoeg of HoegLaw

starts at 1:00

Richard Hoeg joins the podcast to the NCAA’s astoundingly retrograde response to the California bill, which doesn’t say what your mainstream articles blindly republished that it said. Read it for yourself!

2. Notre Dame After UFR

starts at 43:21

At long last: last year’s run game, but with some speed in space stuff. Michigan ran power to defeat the ND scrape exchange. Spread run game went from very bad to very good when deleting a guy became possible. Urban Meyer is unfortunately very good at analyzing football. Most important question: why did it take this long? There were some inexplicable ND screw ups and shouldn’t be underestimated. Still, run game is much better than running inside zone over and over again against Army. On defense, not much to talk about because Ian Book was dreadful. Made one read and then scrambled out of clean pockets. Hill and Thomas are significantly better than Vincent Gray at this point in time. Cleanest game from a defense in UFR history. Not a lot of organic pass rush, which could be concerning down the road. Uche dropped into coverage a bit. ND unprepared for zone. McGrone just needs to get a bit smarter and then he’s Devin Bush. Redshirt for Josh Ross?

3. Hoops Exhibitions: What to Look For

starts at 1:07:14

Big questions: how much does Castleton play and where? And who plays at the 2 (DDJ, Brooks, Nunez, Bajema). Nunez is probably not in that seriously, not a good enough defender. Brooks looked okay at the open scrimmage, good defender. DeJulius was low efficiency in the scrimmage but is going to be an off the dribble, needs to be a knock down shooter. Question for 3-4: where does Isaiah Livers play? Teske will play 30 mpg, Castleton will play minutes, but the question is if the two can play together. With Johns, we don’t know about his mental state. He had a lost year of development as a freshman. Hopefully Howard can work with him. Should make the tournament, will take some losses early.

4. Maryland

starts at 1:29:57

Ghost of Matt Canada is still in Maryland. Super explosive but nothing else. Their receiving corps is Notre Dame: one big downfield guy and nothing else. OL is brutal. Their QB situation is a revolving door with Jackson and Piggy both sorta hurt and a really bad third option. Their pass defense is awful, littered with injuries. Jon Hoke is their defensive coordinator. DL is tiny up front. They also have no sacks. Will get to garbage time in a hurry.

MUSIC:

Featured tonight: Indian-inspired reggae from Nucciano/Jovon, a native Detroiter, classically trained violinist and Michigan fan who's been recording lately with Javonntee. Check out more of her stuff at Micuqu records, www.ja-le-la-entertainment.com/artists-page2.html

  • "What Are You Going To Do(With This)" ft. Javonntte
  • "So Hot"
  • “In the House"
  • “Across 110th Street”

If you or a friend made some good tunes and don't have a label out scrubbing for them we'd be happy to feature you.

THE USUAL LINKS:

It feels more bipartisan than just about anything these days. Except attacking Blizzard.

Comments

Blue Balls Afire

November 2nd, 2019 at 12:06 AM ^

One way to allow student athletes to profit off NIL rights while maintaining equity among schools and hewing as close as possible to the current NCAA model is to pool all NIL proceeds and then distribute the total pro rata to all other student athletes similarly situated. For example, any D1 football player can sign a likeness contract but the proceeds are combined with the other D1 football player contracts and then, say once a year, the total funds are split among all D1 football players equally. The NCAA and the schools don’t get a cut. Same goes for D2 women’s soccer, etc.  Each sport/level will have its own pool.

Sure, a few (if any) high profile athletes in any given sport and level would be capitalizing the pool for the vast majority of “nameless” other athletes, but is there another way to meet the NCAA’s proviso while still letting kids profit off NIL rights?  At least it would address the kid with the YouTube channel (keep the channel but turn over and share any proceeds), eliminate the advantage the USCs, Michigans, and OSUs would have (Justin Fields can shill for Cooler Pooper Lincoln Mercury of Columbus all he wants, but he’s not getting any greater financial advantage than any other football player), and allow EA to bring back NCAA Football.  Not an ideal solution, admittedly, but ... *shrug emoji*.

bronxblue

November 2nd, 2019 at 8:21 AM ^

It's not that crazy.  I've seen proposals that would basically create a position at universities to negotiate these NIL agreements between athletes and sponsors (because there is a knowledge and experience gap), and if they did that you could absolutely have all money given to the athletes pooled by the school.  Then you could absolutely distribute them to everyone.

I think the issue is that football has an imbalance in prominence versus utility.  A fantastic DT who resets the line of scrimmage, or a cornerback who teams never throw at, or a right guard who demolishes guys, probably isn't going to be as well known as the QB even if they have immensely more utility.  Consider that the promos for ND vs UM feature a lot of "Book vs. Patterson" graphics, even though neither of them were remotely key to that win beyond Book being atrocious.  So if you subscribe to the notion that all players should be compensated for their actual production and not just who is more prominent, then the reason a QB is allowed to get NIL money is because his center keeps guys off him, and we should reward that as well.

But what do I know - I didn't pull myself up by the bootstraps like some people.

DonAZ

November 2nd, 2019 at 9:00 AM ^

My view is NIL is all about prominence rather than production ... by definition.  It's similar to why we see celebrity endorsements featuring movie stars, rather than directors or cinematographers: what the sponsors want is association with the prominence of their endorser.

The NCAA seems to be going in that direction: the wording of the NCAA bullet points aims to fence off pay-for-athletic-production.  They'll allow NIL based on prominence, but not for specific athletic activities or results.  I'm guessing they know an athlete's prominence is based on athletic activities, and that what they're seeking to fence off is specific payment-for-results clauses.  They mentioned this in the podcast: "If you get the Heisman, you'll get more money."  

I like the concept of pooled NIL funds, but I don't see how that works.  As I alluded to in the other post, if the university administers the pooling, who's the NIL contract between?  Sponsor and athlete, or sponsor and university?  If athlete, then is the pooling mandatory, or compulsory? If compulsory, what happens if a star athlete doesn't wish to share and sues?  It gets messy pretty quickly.

DonAZ

November 2nd, 2019 at 6:04 AM ^

I'm no lawyer, but I have to think that introducing a sharing model would imply changing the parties in the naming rights contract, and that brings a host of other issues on the table.  I don't know what those other issues would be, but I'm sure someone like Richard Hoeg could offer some ideas.

Bo Schemheckler

November 2nd, 2019 at 7:50 AM ^

That completely defeats the purpose of the NIL laws. Great news too athlete! Now everyone else gets to profit off your likeness! Trust us, it's definitely different than before where a bunch of other people get to profit off your likeness because you get to keep .001% of the money! Guys would just take a ton of money under the table and every thing would would remain the same.

Blue Balls Afire

November 2nd, 2019 at 10:45 AM ^

Therein lies the rub and what makes this issue so inscrutable. As you and others have said, pooling is not fair to the stars and brings in a host of other issues, but it seems to be a middle ground that gives something to the student athlete. On one extreme, you have something like the ncaa basketball tournament where all the billions go to the ncaa and the schools while the student gets nothing even though their image and likeness is plastered all over March. The other extreme, if one were to allow unfettered NIL naming rights, is for Joe QB at USC making millions off a deal with Warner Brothers while the QB at Colorado State may get a couple bucks promoting rolling papers at Mile High Dispensary.  USC would clearly have a competitive advantage in recruiting. Also, an NIL pool for D1 football may be huge. How much would EA pay to bring back ncaa Football?  How much would ESPN pay to use images of football players in their promo materials for the CFB Playoffs?  Right now they can use it without paying the kids anything, at least not directly.