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 28, 2014, 10:42 PM EST
Here’s a rundown from Friday night’s action.
Nov 28, 2014, 9:37 PM EST
What do you think? Watch the play and let us know in the comment section.
Nov 28, 2014, 8:10 PM EST
Just another alley-oop for Slam Thompson.
Nov 28, 2014, 6:34 PM EST
The Badgers were led by Frank Kaminsky with 17 points; 13 of which came in the second half.
Nov 28, 2014, 5:58 PM EST
Here are the teams competing in the top early-season tournament.
Nov 28, 2014, 5:55 PM EST
The 2014 Barclays Center Classic will air a doubleheader on Friday night, live on NBC Sports Network. Coverage on NBCSN begins at 7 p.m. EST
Nov 28, 2014, 4:54 PM EST
Butler, picked seventh in the Big East, left the Battle 4 Atlantis with a pair of important victories.
Nov 28, 2014, 2:55 PM EST
Kansas scored 82 points in their win over Tennessee but they also committed 16 turnovers as they continue to figure each other out offensively.
Nov 28, 2014, 1:07 PM EST
Aaron Thomas and Devon Bookert both suffered injuries last weekend that have kept them sidelined.
Nov 28, 2014, 11:25 AM EST
Dez Wells made just five of his 20 field goal attempts against Iowa State. This injury may be the reason why.
Nov 28, 2014, 10:24 AM EST
Providence better focus on Yale and not get caught looking forward to their game at No. 1 Kentucky on Sunday.
Nov 28, 2014, 2:01 AM EST
North Carolina did a better job on the boards while also forcing 23 turnovers in their win over UCLA.
Nov 27, 2014, 9:53 PM EST
Penn State will return to the school’s original colors- black and pink- for their next two games.
Nov 27, 2014, 6:34 PM EST
This is hilarious.
Nov 27, 2014, 6:08 PM EST
Koenig and Dukan combined to score 18 points in the second half for the second-ranked Badgers.
Nov 27, 2014, 5:24 PM EST
Khwan Fore’s averaging 7.5 minutes per game in two appearances this season.
Nov 27, 2014, 3:54 PM EST
This might have been the best feast week game of all time.
Nov 27, 2014, 12:56 PM EST
Perkins was kicked in the face by a Georgia player.
Nov 27, 2014, 11:19 AM EST
It’s not just football that’s on today.
Nov 27, 2014, 3:14 AM EST
A lot is riding on this season for St. John’s. Can they consistently be the ‘grown up’ team they claimed to be on Wednesday night?
- Wisconsin wins 2014 Battle 4 Atlantis with 69-56 win over Oklahoma 0
- Right wrist injury to sideline Maryland senior wing four weeks 0
- Bronson Koenig, Duje Dukan step forward in No. 2 Wisconsin’s win over Georgetown 0
- St. John’s seniors say they ‘grew up’ against Minnesota, but have they? 1
- The little things made a big difference in No. 3 Arizona’s win over No. 15 San Diego State 1
- Butler upsets No. 5 North Carolina in Battle 4 Atlantis opener 2
- If No. 12 Villanova doesn’t have a star on their roster, no one told JayVaughn Pinkston 0
- Villanova’s win is evidence of why VCU may have peaked as a basketball program (14)
- Rick Pitino on blow out win: ‘We played four white guys and an Egyptian’ (14)
- Michigan’s John Beilein rips ESPN for late tip time during Tuesday’s loss (13)
- Penn State unveils new uniforms for next two games (6)
- College Basketball Talk’s latest top 25: Kentucky reigns, but how far will Kansas, Florida slide? (5)