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.
Mar 1, 2015, 10:21 PM EST
Oregon is 6-0 in games decided by five points or less this season. Bell’s key plays factored into the Ducks getting that sixth win on Sunday.
Mar 1, 2015, 10:08 PM EST
Who were Sunday’s bubble winners and losers?
Late Night Snacks: No. 5 Wisconsin wraps up share of Big Ten title while Pitt, Stanford suffer damaging losses
Mar 1, 2015, 10:05 PM EST
Wisconsin hadn’t won the Big Ten since 2008, although they’ve never finished worse than fourth during Bo Ryan’s tenure in Madison.
Mar 1, 2015, 9:57 PM EST
The Governors have posted four consecutive losing seasons, but their top three scorers are expected back in 2015-16.
Mar 1, 2015, 6:29 PM EST
Davon Dillard announced his commitment to Cal Sunday afternoon. The Golden Bears hope to reel in the two big men who were also on campus in Ivan Rabb and Caleb Swanigan.
Mar 1, 2015, 5:11 PM EST
Austin Nichols injured his ankle early in the second half of Memphis’ loss
Mar 1, 2015, 4:30 PM EST
Northeastern’s Devon Begley had to deal with a unique defender, the mop boy, while scoring off of a steal against College of Charleston.
Mar 1, 2015, 3:35 PM EST
Rodney Purvis just crushed this dunk.
Mar 1, 2015, 2:00 PM EST
Michigan point guard Spike Albrecht has been battling a hip injury this season.
Mar 1, 2015, 12:45 PM EST
Maryland might miss Michal Cekovsky for some time after the freshman big man was injured during warm-ups on Saturday.
Mar 1, 2015, 11:30 AM EST
Kaelon Wilson put it on a defender on Saturday.
Mar 1, 2015, 10:15 AM EST
Kansas State picked up a Class of 2015 guard commitment on Sunday.
Mar 1, 2015, 9:00 AM EST
A quiet Sunday features some bubble teams clashing.
Late Night Snacks: No. 7 Arizona, No. 11 Wichita State and No. 19 Baylor among Saturday’s big winners
Mar 1, 2015, 2:11 AM EST
No. 1 Kentucky moved to 29-0, and No. 6 Villanova came back to win at Xavier.
Mar 1, 2015, 1:18 AM EST
Will the Zags even stay out west?
Mar 1, 2015, 12:43 AM EST
In a game that saw both teams struggle to find their rhythm, “Zeus” and Gabe York came up big for Arizona.
Bubble Banter: Boise State, St. John’s, Dayton win the day; Texas, N.C. State lose; and Kansas State?
Mar 1, 2015, 12:27 AM EST
All the bubble winners and losers from Saturday’s college hoops action.
Feb 28, 2015, 10:58 PM EST
This came close to being really, really bad.
Feb 28, 2015, 10:25 PM EST
Dwayne Polee II had to sit out Saturday’s loss to Boise State as a result of an abnormal reading generated by his cardiac monitor.
Feb 28, 2015, 7:42 PM EST
With the loss Texas drops to 1-11 in games against teams in the RPI Top 50.
- Bubble Banter: Oregon lands a key win, but Purdue, Stanford and Pitt lose 0
- Late Night Snacks: No. 7 Arizona, No. 11 Wichita State and No. 19 Baylor among Saturday’s big winners 1
- Did Gonzaga cost themselves a No. 1 seed with loss to BYU? 5
- Kaleb Tarczewski produces another quality outing as No. 7 Arizona beats No. 13 Utah 0
- Bubble Banter: Boise State, St. John’s, Dayton win the day; Texas, N.C. State lose; and Kansas State? 4
- No. 1 Kentucky moves to 29-0 with blowout win over No. 18 Arkansas 3
- No. 11 Wichita State wins the Missouri Valley by knocking off No. 10 Northern Iowa 1
- You Make the Call: Was Texas guard Isaiah Taylor fouled on this drive? (13)
- Report: Former Louisville guard Chris Jones charged with rape, sodomy (12)
- Bill Self crushed, Jamari Traylor targeted during Kansas State court storm (VIDEO) (11)
- Dez Wells, Melo Trimble lead No. 14 Maryland to upset of No. 5 Wisconsin (9)
- Vanderbilt head coach Kevin Stallings apologizes for postgame outburst directed at freshman guard Wade Baldwin IV (9)