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.
Mar 31, 2015, 1:55 PM EDT
Teams that won the first meeting have won three of the four Final Four/title game rematches, with Duke (1990-91) being the lone exception.
Mar 31, 2015, 1:30 PM EDT
Mickey is the second player from LSU to declare this month.
Mar 31, 2015, 1:19 PM EDT
This is nasty.
Mar 31, 2015, 12:09 PM EDT
Bobby Knight would probably not approve of that.
Mar 31, 2015, 11:42 AM EDT
My advice: Hedge that bet, sir!
Mar 31, 2015, 10:01 AM EDT
Lewis will have some well known suitors this offseason.
Mar 31, 2015, 9:57 AM EDT
Barnes spent the last 17 seasons at Texas.
Mar 30, 2015, 11:10 PM EDT
UConn, Notre Dame, South Carolina and Maryland make up the 2015 women’s Final Four.
Mar 30, 2015, 11:00 PM EDT
Some great names highlight this list.
Mar 30, 2015, 10:24 PM EDT
Williams was the leading scorer and rebounder for the Tigers this season.
Mar 30, 2015, 10:00 PM EDT
Nebraska forward Walter Pitchford is giving up basketball for his senior season.
Mar 30, 2015, 9:00 PM EDT
Xavier is losing a reserve guard to transfer.
Mar 30, 2015, 8:05 PM EDT
Utah Valley has found its new head coach.
Mar 30, 2015, 7:00 PM EDT
Chris Mullin will get a chance to restore glory at St. John’s.
Mar 30, 2015, 6:05 PM EDT
George Mason makes a move to hire a new head coach.
Mar 30, 2015, 5:00 PM EDT
Who were the best players in the second-weekend of the NCAA tournament?
Mar 30, 2015, 4:45 PM EDT
Cincinnati gets Mick Cronin back.
Mar 30, 2015, 3:40 PM EDT
Harrell and Rozier were both expected to head to the NBA.
Mar 30, 2015, 3:07 PM EDT
Izzo became the first coach to lead three teams seeded No. 5 or lower to the Final Four.
Mar 30, 2015, 2:41 PM EDT
Lee will be a priority target during the offseason.
- Frank Kaminsky, Jahlil Okafor highlight five Wooden Award finalists 3
- 2015 NCAA Tournament All-Second Weekend Team 2
- While a major question remains unanswered, No. 4 North Carolina can be special in 2015-16 3
- Tournament darling R.J. Hunter is heading to the NBA 3
- Texas freshman Myles Turner declares for the NBA Draft 6
- The Final Four is set, and it’s going to be insane 24
- No. 7 Michigan State reaches the Final Four for the seventh time under Izzo 15
- Andrew Harrison’s late free throws send No. 1 Kentucky to the Final Four (88)
- Kentucky responds to Daxter Miles Jr.’s pregame comments (30)
- Updated tournament records: Big Ten teams make up half of Final Four (27)
- The Final Four is set, and it’s going to be insane (24)
- West Virginia freshman on Kentucky: ‘They’re going to be 36-1′ (21)