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.
Apr 20, 2015, 10:45 PM EDT
BYU is losing two reserve players to transfer.
Apr 20, 2015, 9:45 PM EDT
Iowa landed a junior college forward to close out a six-man class.
Apr 20, 2015, 8:45 PM EDT
Iowa State head coach Fred Hoiberg is up and on his feet after heart surgery.
Apr 20, 2015, 7:45 PM EDT
North Carolina star point guard Marcus Paige had successful surgery
Apr 20, 2015, 6:45 PM EDT
Shannon Evans is leaving Buffalo. Is athletic director Danny White the reason why?
Apr 20, 2015, 5:45 PM EDT
Rhode Island added some immediate help shooting the ball.
Apr 20, 2015, 4:45 PM EDT
Ohio landed an in-state Class of 2016 center.
Apr 20, 2015, 4:30 PM EDT
South Florida continues to hit the transfer market hard.
Apr 20, 2015, 3:17 PM EDT
Evan Payne averaged 18.0 points for LMU last season.
Apr 20, 2015, 2:47 PM EDT
Tarrant will step into the starting point guard role for Memphis.
Apr 20, 2015, 2:38 PM EDT
Wiltjer will likely be a preseason all-american.
Apr 20, 2015, 1:58 PM EDT
The younger Greek Freak is hitting the AAU circuit this summer.
Apr 20, 2015, 12:52 PM EDT
This is the leader in the clubhouse for the weirdest offseason story.
Apr 20, 2015, 11:49 AM EDT
Sampson gives LSU one of the best recruiting classes in the country.
Apr 20, 2015, 9:37 AM EDT
Poeltl had a chance to be a first round pick.
Apr 20, 2015, 9:05 AM EDT
Who’s going pro? Who’s returning to school? Who are we still waiting to hear from?
Apr 19, 2015, 11:15 PM EDT
Brandon Ingram’s down to six schools: North Carolina, Duke, Kansas, Kentucky, UCLA and NC State.
Apr 19, 2015, 10:05 PM EDT
Marcus Keene averaged 15.6 ppg last season, and with Chris Fowler entering his senior season this is a good pickup for the Chippewas.
Apr 19, 2015, 9:20 PM EDT
Brandon Sampson will pick LSU, Oklahoma State or St. John’s on Monday, and he’s an important recruit for the Red Storm.
Apr 19, 2015, 8:42 PM EDT
Nathan Davis, who won 78.3 percent of his games as head coach at Randolph Macon, was an assistant at Bucknell from 2003-08.
- Kyle Wiltjer to return to Gonzaga for his senior season 0
- Utah’s Jakob Poeltl will return to school for his sophomore season 1
- 2015 College Basketball Updated Early Entry List 14
- Former Kansas State guard transferring to Creighton 0
- Former Cornell forward Shonn Miller headed to UConn for final season of eligibility 0
- Purdue center A.J. Hammons to return for senior season 0
- Five-star 7-footer Stephen Zimmerman commits to UNLV 4
- 2015 College Basketball Updated Early Entry List (14)
- Duke’s Tyus Jones becomes third Blue Devil to enter the NBA Draft (11)
- Five-star Kentucky commit believes the NCAA will clear him to play (10)
- Updated 2015-2016 College Basketball Way-Too Early Preseason Top 25 (9)
- Duke freshman Justise Winslow will enter 2015 NBA Draft (8)