Jun 20, 2013, 8:25 AM EST
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.
Dec 22, 2014, 6:30 AM EST
The top 12 remain the same, but there was plenty of movement in and around the rest of the top 25.
Dec 21, 2014, 11:09 PM EST
Yeah, you’re going to want to see this.
Dec 21, 2014, 10:31 PM EST
Four of the eight teams in the field reached the NCAA tournament last season.
Dec 21, 2014, 8:22 PM EST
Virginia limited Harvard to 27 points, Maryland won at Oklahoma State, and Georgia picked up a solid home win.
Dec 21, 2014, 7:04 PM EST
Could the Terps be the second-best team in the Big Ten? At the very least they’ve earned their place in the conversation.
Dec 21, 2014, 5:31 PM EST
Harrell was assessed a flagrant 2 foul in Saturday’s win over Western Kentucky.
Dec 21, 2014, 4:42 PM EST
Coaches donning festive holiday sweaters doesn’t happen all that often in college basketball.
Dec 21, 2014, 3:46 PM EST
Brad Stevens left Butler in 2013, agreeing to a six-year deal with the Boston Celtics, but that will not stop his name being linked to one specific college job.
Dec 21, 2014, 3:01 PM EST
The Buckeyes are 9-2, dropping both of their key non-conferences games against ranked opponents.
Dec 21, 2014, 1:43 PM EST
Harvard did not set the record for lowest field goal percentage or lowest first-half points, but the Crimson did tie an NCAA record on Sunday afternoon.
Dec 21, 2014, 1:15 PM EST
The Orange and Wildcats have split a home-and-home series since the old Big East disbanded several years ago.
Dec 21, 2014, 11:15 AM EST
The Louisville forward spoke about the incident that took place at the end of the first half against Western Kentucky following the game.
Dec 21, 2014, 10:00 AM EST
The nation’s top recruit also dropped 37 points in a win for Montverde Academy (Florida)
Dec 21, 2014, 9:11 AM EST
Here’s a rundown of Sunday’s games.
Dec 21, 2014, 12:10 AM EST
With pieces that fit together better than last season’s 17-15 squad, the Huskies are off to a 10-0 start.
Dec 20, 2014, 10:26 PM EST
George Mason’s last win over a Division I opponent prior to Saturday came against another MAAC program, Manhattan, on November 29.
Dec 20, 2014, 9:00 PM EST
Jackson scored 22 points, with two coming on an emphatic dunk on Purdue freshman Isaac Haas.
Dec 20, 2014, 8:41 PM EST
It’s already been a busy day in college hoops, with two buzzer-beaters and two ranked teams already going down.
Dec 20, 2014, 7:57 PM EST
While Michigan State’s 4-for-21 night from three didn’t help matters, Texas Southern shot better than 53 percent from the field.
Dec 20, 2014, 7:18 PM EST
Burton was one of two sophomores to leave the Marquette program earlier this month.
- College Basketball Talk’s Top 25: Virginia moves up, three teams drop out 0
- ACC suspends Louisville junior forward Montrezl Harrell one game 0
- Late Night Snacks: Villanova survives Syracuse while UNC, SMU get big wins 0
- No. 1 Kentucky dismantles UCLA 5
- Markus Kennedy cleared to play immediately for SMU 0
- Weekend Preview: A loaded Saturday slate highlights the weekend 3
- Rebounding, foul shooting help No. 2 Duke make up for 19 turnovers in win over UConn 0
- Report: David Robinson’s son will be preferred walk-on at Duke in 2015-16 (VIDEO) (6)
- West Virginia’s Bob Huggins torches Marshall after coach calls Huggs ‘afraid’ (5)
- No. 1 Kentucky dismantles UCLA (5)
- Tracking The Unbeatens: There are now just nine teams without a loss (3)
- Lauren Hill’s playing career over, to become honorary coach (3)