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.
Jan 26, 2015, 10:28 AM EST
Frankamp spent a little more than a year at Kansas before transferring.
Jan 26, 2015, 9:00 AM EST
The best players and most impressive teams from the last week of college hoops.
Jan 26, 2015, 6:54 AM EST
We have a new member in our Top Ten.
Jan 25, 2015, 10:35 PM EST
Northwestern has lost its last three games by a total of five points.
Jan 25, 2015, 9:36 PM EST
Lucas Siewert joins small forward Brendan Bailey as Arizona State’s second four-star verbal commitment in the 2016 class.
Jan 25, 2015, 7:00 PM EST
Eight days after attempting 25 three-pointers in their loss to No. 5 Duke, the Cardinals attempted just 12 and scored 40 points in the paint against Pittsburgh.
Three-pointer with 5.2 seconds remaining completes second-half rally for No. 20 Northern Iowa (VIDEO)
Jan 25, 2015, 6:24 PM EST
UNI erased a 12-point second half deficit to win at Illinois State, and they remain a game behind No. 14 Wichita State in the Missouri Valley standings.
Jan 25, 2015, 5:38 PM EST
Chris Perry leads the Bulls in rebounding, and chest pains suffered during the team’s workout Saturday resulted in his having to be hospitalized.
Jan 25, 2015, 5:09 PM EST
Also of note on Sunday was Ohio State picking up its first RPI Top 50 win of the season, and both No. 8 Notre Dame and No. 13 Maryland coming back from double-digit deficits.
Jan 25, 2015, 4:13 PM EST
Duke head coach Mike Krzyzewski picked up career win No. 1,000 as the No. 5 Blue Devils bested St. John’s.
Jan 25, 2015, 2:30 PM EST
Well-traveled former Ole Miss guard Derrick Millinghaus has found a new home.
Jan 25, 2015, 1:21 PM EST
Kentucky is on the board in the 2016 class with a highly-touted big man from New Zealand.
Jan 25, 2015, 1:00 PM EST
A former four-star prospect is heading to Rhode Island.
Jan 25, 2015, 12:00 PM EST
A former Miami point guard is finding tremendous success on the football field and is a even being talked about as a first-rounder in the 2015 NFL Draft.
Jan 25, 2015, 10:10 AM EST
One of the best big men in the 2016 class could decide between three powerhouse programs on Sunday.
Jan 25, 2015, 9:00 AM EST
Coach K goes for win No. 1,000 against St. John’s and a fun battle of elite freshmen guards in the Big Ten are Sunday’s highlights.
Jan 25, 2015, 1:05 AM EST
I feel comfortable saying I’m a better dancer than Josh Pastner. Not by much, though.
Jan 24, 2015, 11:58 PM EST
Get caught up on everything that has happened in college basketball on Saturday.
Northwestern State staff wears special pants for ‘Suits and Sneakers’ game against McNeese State (PHOTO)
Jan 24, 2015, 11:34 PM EST
The pants worn by the coaching staff were one of the highlights in Northwestern State’s 92-68 win over McNeese State.
Jan 24, 2015, 9:31 PM EST
Crawford and his teammates are looking to rebound from the 18-point loss they suffered at Tulsa Wednesday night.
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