May 8, 2013, 10:35 AM EST
Back in 2009, Ed O’Bannon filed a lawsuit against the NCAA that has, in the years since then, become the single-biggest assault on the way that the NCAA does business.
If you haven’t been paying attention to the case, the basics are as follows: O’Bannon won a title and a few player of the year awards with UCLA back in the mid-90s, but when he saw his likeness in an EA Sports video game in 2009, he realized that everyone was still profiting off of him and his athletic accomplishments in college except O’Bannon himself. So he filed a lawsuit, and since then it has grown into a case that could change the entire business model of college athletics.
Back in January, a judge ruled that current athletes could be added to the case and that the plaintiffs could go after everyone profiting off of college athletics — the schools, the conferences, the television networks. The latest twist, as Jonathan Mahler of Bloomberg explains, is the potential for the case to become a class-action lawsuit.
And that’s what could end up being the difference-maker for those pushing for change. From Mahler:
In their latest filing, O’Bannon’s lawyers argue that the case deserves class-action status. If their request is granted, the NCAA would be liable for claims brought not just by the plaintiffs but also by all former athletes. Anyone who has ever played a Division I college sport would instantly be suing for damages for every instance in which his or her image was used in a video game, highlight reel, broadcast or rebroadcast.
That could get pretty expensive for the NCAA. But if the case were just about a few billion dollars, the association would have settled by now. It hasn’t because O’Bannon and his lawyers are also asking for something else: They want all current and future college athletes to be able to make licensing deals of their own. It’s short yardage from there to the NCAA’s doomsday scenario: schools bidding for the services of student- athletes.
Anyone that has read anything that I’ve written over the years knows that I’m staunchly pro-athletes. I think they should be getting paid. I think they should see a cut of the money that they help produce. Whether that comes from the school’s athletic department, independent boosters or through the Olympic model — allowing each athlete to sign sponsorship deals and profit off of his likeness — is something that can and will be debated.
But something has to change.
Because it’s silly to watch players have their names tarnished because the NCAA is fighting tooth and nail against the most simple and powerful principles of economics. In his terrific takedown of the NCAA from Monday, Patrick Hruby explains how the NCAA’s principles of amateurism are what creates the black market where runners like Rodney Blackstock toss AAU coaches like Darius Cobb thousands of dollars simply for the chance to get access to players like Ben McLemore.
McLemore, has a potential No. 1 pick in the draft, not only has a ton of current value, but his market potential value is through the roof. Agents, financial planners and marketing reps know this. They’re willing to spend money to get close to him. There is a demand for what McLemore offers as an athlete, and something as brittle as the NCAA rulebook isn’t going to stop businessmen from ‘investing’ in building those potentially lucrative relationships.
According to a study done by a Stanford economist, a Michigan basketball player in 2008-2009 and 2009-2010 — when the Wolverines weren’t close to competing for national titles — would have made $250,000. A study by an economist from Cal. State-San Marcos said that Chris Webber was worth four times the $280,000 that he accepted from a booster.
NCAA rules aren’t going to stop money from changing hands when there is this much value being discussed.
The only thing it is going to do is keep it in the pockets of the third-parties — the agents, the AAU coaches, and, of course, the NCAA itself — and away from the players that are actually generating the revenue.
You can find Rob on twitter @RobDauster.
Nov 24, 2014, 5:15 PM EST
Florida Gulf Coast suspended a key player for three games on Monday.
Nov 24, 2014, 4:25 PM EST
Baylor lost a commitment from a 2015 guard.
Nov 24, 2014, 2:24 PM EST
Jerian Grant was dominant in the final 12 minutes against Providence.
Nov 24, 2014, 1:36 PM EST
Once again, the Maui has put together a loaded field.
Nov 24, 2014, 1:00 PM EST
There will be some fun basketball games on Monday night.
Nov 24, 2014, 12:19 PM EST
Atson was called by one scout the “Chris Herren of New Haven”.
Nov 24, 2014, 11:41 AM EST
Henton went for 38 against Notre Dame, while West Virginia won the Puerto Rico Tip-Off.
Nov 24, 2014, 9:00 AM EST
Look at how far away from the rim he takes off.
Nov 24, 2014, 7:00 AM EST
Putting together a top 25 this early is tough to do as we balance expectations with early season performance.
Nov 24, 2014, 1:10 AM EST
No. 1 Kentucky set a new school record, Ohio State’s Shannon Scott broke Aaron Craft’s single-game assist record and more.
Nov 24, 2014, 12:15 AM EST
‘Buckets’ earned his nickname because he gets … buckets.
Nov 23, 2014, 11:49 PM EST
A week that began with a win at No. 7 Florida ended with a commanding victory over Charlotte at the Gildan Charleston Classic.
Nov 23, 2014, 9:57 PM EST
West Virginia has better depth and toughness than they had a season ago, and those improvements paid off in Puerto Rico this weekend.
Nov 23, 2014, 8:55 PM EST
The 5-foot-10 guard has a standing vertical of 38 inches. That’s pretty good.
Nov 23, 2014, 8:10 PM EST
Kadeem Jack missed the first two games of the season with a thumb injury.
Nov 23, 2014, 6:55 PM EST
With Cullen Neal already dealing with an ankle injury, Arthur Edwards is the latest Lobo dealing with a health issue.
Nov 23, 2014, 5:34 PM EST
Rakim Lubin was averaging five minutes per contest in UConn’s first three games.
Nov 23, 2014, 5:16 PM EST
House scored 18 points, shooting 7-for-11 from the field, in Texas A&M’s 64-51 win over New Mexico.
Nov 23, 2014, 3:55 PM EST
Yale forward Matt Townsend was named a Rhodes Scholar this weekend, a rare honor only give to 32 American students each year.
Nov 23, 2014, 2:41 PM EST
Danuel House made his presence felt immediately for Texas A&M.
- Mike Brey was excited about Notre Dame’s loss because the Irish have their closer back 0
- Weekly Awards: LaDontae Henton, West Virginia with notable performances 0
- College Basketball Talk’s latest top 25: Kentucky reigns, but how far will Kansas, Florida slide? 4
- Providence star LaDontae ‘Buckets’ Henton may be the nation’s most under-appreciated star 1
- West Virginia shows signs of progress in Puerto Rico Tipoff win over No. 17 UConn 1
- Quinn Cook is thriving as an off-guard, and No. 4 Duke will reap the benefits 0
- Rhode Island upsets No. 21 Nebraska, 66-62, in overtime 0
- Poll: 54 percent of people think Kentucky beats the 76ers, 54 percent of people are dumb (31)
- No. 1 Kentucky’s size, depth overwhelms No. 5 Kansas, makes 40-0 seem possible? (5)
- College Basketball Talk’s latest top 25: Kentucky reigns, but how far will Kansas, Florida slide? (4)
- Pregame Shootaround: No. 14 Iowa State needs to be on upset alert tonight (3)
- Miami upsets No. 8 Florida thanks to the Angel Rodriguez takeover (3)