Jun 20, 2013, 8:25 AM EDT
Ever since Ed O’Bannon first filed a lawsuit against the NCAA over the use of his likeness in a video game back in 2009, there has been scuttlebutt that the outcome of said lawsuit could end up playing a major role in the way that college athletics operates at the highest level in the near future.
(For those that haven’t been paying attention, you can get some terrific background insight into the lawsuit from Brad Wolverton’s story in The Chronicle here. You might also want to give J. Brady McCollough’s feature on Sonny Vaccaro, the former shoe peddler turned amateur athlete advocate, who, along with O’Bannon, is the inspiration behind the case.)
This week may be the most important week for the case, as U.S. District Judge Claudia Wilken will hear arguments regarding whether or not the case can be certified as a class action lawsuit on Thursday in Oakland. If the case were to be certified to include current athletes, it would mean that “the NCAA would be liable for claims brought not just by the plaintiffs but also by all former athletes,” Bloomberg’s Jonathan Mahler wrote back in May. “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 spell out disaster for the NCAA, who has a 14-year contract worth more than $10 billion with CBS and Turner to broadcast the NCAA tournament and whose member conferences annually cut $20 million checks to each member school for their TV contracts.
With that much money being tossed around, it’s a logical leap that the O’Bannon case could end up changing the NCAA’s entire business model, right?
Well, maybe we need to pump the brakes here just a bit. From a blog that Wolverton published accompanying the story linked above:
Gary R. Roberts, dean of Indiana University’s Robert H. McKinney School of Law, went further, describing some of the predictions as a “preposterous stretch of the intellectual-property laws.”
“I don’t see why, if the NCAA is infringing on former players’ publicity rights in the production of video games, that would lead to a remedy of current players receiving TV rights,” he said. “There are people who want that to happen so much that they’ve convinced themselves it’s right. But I don’t think there’s any court that will jump that legal chasm.”
Other legal scholars, whose voices didn’t make it in my article, agreed.
“Maybe in five years O’Bannon will cause the entire NCAA infrastructure to come unglued, but I doubt it,” said Gene Marsh, a retired professor of law at the University of Alabama at Tuscaloosa who represents colleges in NCAA disputes. “The thing about sports litigation—and particularly anything related to the NCAA—is that you get this wave of wishful thinking and emotion, and then someone comes along and actually applies the law, and that takes the air out of the balloon.”
In simpler terms, we’ve all gotten so excited about the fact that someone is actually stepping up to the plate and challenging the NCAA that we’ve forgotten all the legalistic red-tape the case needs to wind its way through.
And just because there’s a movement of people that are emotional and passionate about changing the basis of the NCAA doesn’t mean a federal judge who has been trained to filter out emotion and passion and focus on the letter of the law is going to agree.
You can find Rob on twitter @RobDauster.
Oct 25, 2014, 2:00 PM EDT
A story from Syracuse.com says the first-year big man does up to 500 pushups daily.
Oct 25, 2014, 12:50 PM EDT
This is Danny Manning’s third commitment this month, first in the Class of 2016.
Oct 25, 2014, 12:00 PM EDT
Davidson is gone, but that does not mean that the SoCon will be a bad basketball league.
Oct 25, 2014, 11:45 AM EDT
Only three programs remain in contention for the nation’s top rated point guard.
Oct 25, 2014, 11:00 AM EDT
Pretty good dunk, but still not better than Chris Mack’s entrance.
Oct 25, 2014, 10:15 AM EDT
The Hall of Fame coach makes his first comments, several days after Kenneth Wainstein released his report.
Oct 24, 2014, 10:55 PM EDT
Tom Izzo does it again. Add it to the long line of amazing midnight madness entrances.
Oct 24, 2014, 10:24 PM EDT
Chris Mack and his daughters performed ‘Paul Revere’ at Musketeer Madness on Friday night.
Oct 24, 2014, 8:05 PM EDT
The Wisconsin forward is likely to miss a week or two
Oct 24, 2014, 7:30 PM EDT
Ed Cooley adds a 6-foot-8 forward to the Friars’ front court.
Oct 24, 2014, 6:45 PM EDT
The former Virginia Tech Hokie will be a big boost to SMU’s perimeter.
Oct 24, 2014, 6:00 PM EDT
Manhattan and head coach Steve Masiello had some issues to address this spring, but thanks in part to their departed senior class the Jaspers are well-positioned to once again contend in the MAAC.
Oct 24, 2014, 5:05 PM EDT
One of the nation’s highly-touted bigs is closer to making a decision after eliminating two programs from his list.
Oct 24, 2014, 4:22 PM EDT
Jones became the second coach to lead LSU to postseason appearances in his first two years this past spring.
Oct 24, 2014, 1:52 PM EDT
Kellogg’s led his alma mater to 21 wins or more in each of the last three seasons.
Oct 24, 2014, 12:39 PM EDT
Georgetown holds a 35-29 lead in their all-time series with UConn.
Oct 24, 2014, 12:30 PM EDT
Villanova went 29-5 last season and return essentially the same lineup. Why aren’t more people talking about them?
Oct 24, 2014, 12:13 PM EDT
Texas now has two four-star commitments, with Kerwin Roach joining Eric Davis on Friday.
Oct 24, 2014, 10:00 AM EDT
Of Baylor’s five verbal commitments in the Class of 2015 four are guards, including their latest commit.
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