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.
Minneapolis EYBL Day 1: Harry Giles continues impressive spring, Dennis Smith and De’Aaron Fox battle
May 24, 2015, 12:45 PM EDT
The final session of the Nike EYBL tipped in Minneapolis on Saturday.
May 24, 2015, 11:30 AM EDT
Pitt added a big man who can play right away next season.
May 24, 2015, 10:15 AM EDT
Two of the best in the 2016 class battle in the Under Armour Association.
May 24, 2015, 9:00 AM EDT
Already thin at the point, the situation becomes even tougher for first-year head coach Chris Mullin if this turns out to be the case.
May 23, 2015, 9:51 PM EDT
A Big 12 and a Big Ten program are among those due who have reached out to the 7-foot-2 Fairfield Prep (Connecticut) product.
May 23, 2015, 7:32 PM EDT
Colorado’s Tad Boyle doesn’t like the proposed shot clock change, and he made a good point about the physical nature of college basketball today.
May 23, 2015, 5:28 PM EDT
Les led the Aggies to a school-record (Division I era) 25 wins and their first Big West regular season title last season.
May 23, 2015, 3:45 PM EDT
Noah Dickerson had previously committed to Georgetown and Florida.
May 23, 2015, 2:00 PM EDT
The former Wolverine could remain in the Big Ten.
May 23, 2015, 12:00 PM EDT
The Wisconsin big man averaged 16.4 points and 7.3 rebounds per game in his last two seasons.
May 23, 2015, 10:30 AM EDT
The sophomore guard missed the final 12 games of the season.
May 23, 2015, 9:18 AM EDT
He is the younger brother of former UCLA Bruin Shabazz Muhammad.
May 22, 2015, 10:30 PM EDT
Nevada landed an impact transfer that could help at guard after next season.
May 22, 2015, 9:15 PM EDT
Arizona will have some intriguing home-and-home games to go along with an in-season tournament.
May 22, 2015, 8:00 PM EDT
Cliff Alexander might have returned for his sophomore season if the NCAA had not been involved.
May 22, 2015, 7:00 PM EDT
Kentucky promoted a familiar face for the open assistant spot.
May 22, 2015, 5:45 PM EDT
Nebraska loses a commitment who could be headed elsewhere soon.
May 22, 2015, 4:27 PM EDT
Fox has led the Bulldogs to two NCAA tournament appearances in his six years as head coach, including last season’s 21-win team.
May 22, 2015, 2:40 PM EDT
The Rutgers perimeter rotation may be crowded, but there’s plenty of room for contributions as the team won just ten games last season.
May 22, 2015, 1:00 PM EDT
UNC now has 90 days to craft a response to the NCAA’s allegations.
- Academic issues expected to sideline St. John’s point guard for fall semester, maybe longer 2
- North Carolina announces receipt of Notice of Allegations from NCAA 2
- LSU’s ’25 is coming’ campaign doesn’t try to hide that they’re monetizing Ben Simmons 1
- Looking Forward: Catching up on the American’s offseason 1
- Five-star center Caleb Swanigan has committed to Purdue 8
- Friday’s most important rule changes only matter if refs actually enforce them 2
- Looking Forward: Catching up on the SEC’s offseason 1
- Sports book lists Maryland as early favorite to win national title (9)
- Five-star center Caleb Swanigan has committed to Purdue (8)
- John Calipari is selling his program when he says national title isn’t a goal (5)
- Frank Kaminsky writes a farewell letter to Wisconsin fans (5)
- Looking Forward: Catching up on the Big East’s offseason (4)