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.
Mar 31, 2015, 1:47 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
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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.
Mar 30, 2015, 2:22 PM EDT
The Tar Heels should return every piece to its rotation next season, but what happens with the NCAA inquiry will have an impact as well.
Mar 30, 2015, 1:50 PM EDT
Dekker was the best player in the second weekend of the event.
Mar 30, 2015, 12:42 PM EDT
There isn’t anything all that wrong with the AP’s list. The first team is perfect.
Mar 30, 2015, 12:19 PM EDT
If you need to place a bet, here are the lines you’ll be working with.
Mar 30, 2015, 10:46 AM EDT
Neubauer was with Eastern Kentucky for 10 years and John Beilein for nine seasons before that.
Mar 30, 2015, 10:05 AM EDT
R.J. Hunter and his father/coach became a sensation during the tournament.
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- 2015 NCAA Tournament All-Second Weekend Team 2
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- Texas freshman Myles Turner declares for the NBA Draft 6
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