May 8, 2013, 10:35 AM EDT
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.
Oct 22, 2014, 10:46 PM EDT
Cody Larson was South Dakotas Next Big Thing. He returned in infamy, but that has not stopped him from succeeding.
Oct 22, 2014, 10:14 PM EDT
Wisconsin held its third annual “Shooting Down Cancer” event Wednesday, with their goal being to #MakeBoPay.
Oct 22, 2014, 9:13 PM EDT
Austin Nichols is the reigning American Athletic Conference ROY, and sophomore Avery Woodson is expected to compete for minutes in a crowded by inexperienced backcourt.
Oct 22, 2014, 7:03 PM EDT
Cezar Guerrero knocked down five straight from half-court during the team’s Red and White Hoops Night event Tuesday.
Oct 22, 2014, 6:43 PM EDT
Oregon didn’t have much depth to begin with due to various personnel issues, so Michael Chandler’s lingering knee problem is a major concern.
Oct 22, 2014, 5:00 PM EDT
People don’t come more intense than Bruce Pearl.
Oct 22, 2014, 4:25 PM EDT
Given SMU’s depth on the perimeter, LaGerald Vick’s decision to move back in classes will help both parties in the future.
Oct 22, 2014, 4:06 PM EDT
College basketball will have plenty of impact freshmen this season. Here’s a look at some that could step in and contribute right away.
Oct 22, 2014, 3:18 PM EDT
The Longhorns are the first school in the country to do this.
Oct 22, 2014, 2:55 PM EDT
The Cardinal now have three four-star recruits in the Class of 2015.
Oct 22, 2014, 2:09 PM EDT
Wednesday’s report is much more damning than either of the previous two that have been released.
Oct 22, 2014, 1:00 PM EDT
There is one big name that wasn’t named to the preseason first team.
Oct 22, 2014, 12:00 PM EDT
The top half of the Summit League will be a tight race all season long.
Oct 22, 2014, 11:00 AM EDT
The Big East coaches love Villanova, but are they sleeping on Marquette?
Oct 22, 2014, 10:00 AM EDT
ULM has some off-the-court issues to address with the season looming.
Oct 22, 2014, 9:00 AM EDT
Fun fact about Shaka Smart: He has still never won a conference regular season title.
Oct 21, 2014, 11:00 PM EDT
Stanford’s back court depth took a hit this week.
Oct 21, 2014, 9:45 PM EDT
Suspensions have been handed down for two James Madison players involved in a fall altercation.
Oct 21, 2014, 8:38 PM EDT
Nebraska has been recruiting the state of Illinois very hard and it paid off with a 2016 commitment.
Oct 21, 2014, 8:15 PM EDT
Kansas State has taken a hit to its front court depth this week.
- South Dakota State’s Cody Larson thrives despite return home amidst unmet expectations 0
- 2014-15 Season Preview: 20 Impact Freshmen 0
- UNC investigation states bogus classes pushed by academic counselors to athletes 6
- Top 25 Countdown: No. 13 VCU Rams 0
- Top 25 Countdown: No. 14 Florida Gators 0
- 2014-2015 Season Preview: College Basketball’s Top 13 Dunkers (VIDEOS) 3
- CBT’s Recruiting Roundup: Washington’s big Monday, Maryland’s insurance, Two 2016 guards off board 0
- UNC investigation states bogus classes pushed by academic counselors to athletes (6)
- Report: Texas plans to start paying their athletes $10,000 stipend (4)
- 2014-2015 Season Preview: College Basketball’s Top 13 Dunkers (VIDEOS) (3)
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