Skip to content

This week is a very important week for Ed O’Bannon’s case against the NCAA

Jun 20, 2013, 8:25 AM EDT

NCAA Men's Final Four - Practice Getty Images

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.

Latest Posts
  1. New mixtape of 2016 guard Kwe Parker is ridiculous (VIDEO)

    Sep 1, 2014, 9:45 PM EDT

    (Nike) (Nike)

    Kwe Parker is one of the best dunkers in all of basketball and he shows why in this new mixtape.

  2. Report: Arizona State gives Herb Sendek a contract extension

    Sep 1, 2014, 8:20 PM EDT

    Herb Sendek AP

    Arizona State has given head coach Herb Sendek an extension.

  3. East Carolina nabs a local 2015 wing

    Sep 1, 2014, 6:55 PM EDT

    jeff lebo Getty Images

    East Carolina is on the board in 2015.

  4. Five-star 2015 forward cuts his list to five schools

    Sep 1, 2014, 5:28 PM EDT

    (adidas Gauntlet) (adidas Gauntlet)

    A five-star 2015 forward cut his list to five schools on Monday.

  5. Indiana freshman is currently in a walking boot

    Sep 1, 2014, 4:20 PM EDT

    Tom Crean AP

    Indiana will have to remain patient with a freshman that is currently battling an ankle injury.

  6. Assembly Hall as a groom’s cake? Why not! (PHOTO)

    Sep 1, 2014, 2:20 PM EDT

    @Kschack1 @Kschack1

    You need a very understanding wife to get away with this.

  7. Tennessee adds second commitment in two days with three-star guard

    Sep 1, 2014, 2:20 PM EDT

    Murray St Morehead St Basketball

    Tennessee has one scholarship left available for 2015.

  8. Top talent in 2016 announces a top ten

    Sep 1, 2014, 12:54 PM EDT

    Nike Nike

    Find out why Saint Louis and Missouri are on the list along with the likes of Arizona, Kentucky, Duke and Kansas.

  9. Tom Izzo calls PGA Tour caddie after wife passes away

    Sep 1, 2014, 12:30 PM EDT

    Tom Izzo Tom Izzo

    Izzo spoke on the phone with the caddie for 15 minutes.

  10. Mixtape for top 50 center Marques Bolden (VIDEO)

    Sep 1, 2014, 11:39 AM EDT

    Screen Shot 2014-09-01 at 11.38.38 AM

    Bolden is a 6-foot-9 center from Texas

  11. Ohio senior forward contributes to Senegal’s first FIBA worlds victory since 1998

    Aug 31, 2014, 11:43 PM EDT

    Maurice Ndour AP

    The second team All-MAC selection scored eight points in Senegal’s win over Puerto Rico.

  12. In-state forward becomes Kansas State’s second commitment in four days

    Aug 31, 2014, 10:25 PM EDT

    Bruce Weber AP

    Bruce Weber now has three verbal commitments in the Class of 2015.

  13. Nebraska lands commitment from four-star point guard

    Aug 31, 2014, 9:05 PM EDT

    Tim Miles AP

    5-foot-11 point guard Glynn Watson becomes Nebraska’s second 2015 commitment.

  14. Five-star 2015 small forward cuts list to six schools

    Aug 31, 2014, 8:02 PM EDT

    Kelly Kline/adidas Kelly Kline/adidas

    Slender forward Brandon Ingram is one of the best perimeter prospects in the Class of 2015.

  15. Illinois native becomes Tennessee’s first 2015 commitment

    Aug 31, 2014, 6:20 PM EDT

    cd0ymzcznguwzdbhnduynddiytjhm2yyzthlmtjjotqwyyznpte3owi1njbhnjg0mtc2yjbkzdgzmdzhnzm2mtbjytc1 AP

    Tennessee is on the board in 2015 due to the addition of a versatile 6-foot-5 forward.

  16. North Carolina accepts their head coach’s challenge (VIDEO)

    Aug 31, 2014, 5:23 PM EDT

    Marcus Paige AP

    Roy Williams challenged his players in the Bahamas, and the accepted it on Saturday afternoon.

  17. Malik Newman to narrow list soon, won’t announce until after season

    Aug 31, 2014, 3:39 PM EDT

    Malik Newman (Getty Images) Getty Images

    Malik Newman is the No. 3 overall recruit, according to Rivals.

  18. Twin brothers commit to Quinnipiac

    Aug 31, 2014, 1:35 PM EDT

    Quinnipiac Athletics Quinnipiac Athletics

    The Robinson brothers are the first two commits in Quinnipiac’s Class of 2015.

  19. Four-star guard New Williams commits to Bruce Pearl and Auburn

    Aug 31, 2014, 10:17 AM EDT

    AP Photo AP

    Bruce Pearl has landed five commitments in 10 days.