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.
Mar 1, 2015, 10:21 PM EST
Oregon is 6-0 in games decided by five points or less this season. Bell’s key plays factored into the Ducks getting that sixth win on Sunday.
Mar 1, 2015, 10:08 PM EST
Who were Sunday’s bubble winners and losers?
Late Night Snacks: No. 5 Wisconsin wraps up share of Big Ten title while Pitt, Stanford suffer damaging losses
Mar 1, 2015, 10:05 PM EST
Wisconsin hadn’t won the Big Ten since 2008, although they’ve never finished worse than fourth during Bo Ryan’s tenure in Madison.
Mar 1, 2015, 9:57 PM EST
The Governors have posted four consecutive losing seasons, but their top three scorers are expected back in 2015-16.
Mar 1, 2015, 6:29 PM EST
Davon Dillard announced his commitment to Cal Sunday afternoon. The Golden Bears hope to reel in the two big men who were also on campus in Ivan Rabb and Caleb Swanigan.
Mar 1, 2015, 5:11 PM EST
Austin Nichols injured his ankle early in the second half of Memphis’ loss
Mar 1, 2015, 4:30 PM EST
Northeastern’s Devon Begley had to deal with a unique defender, the mop boy, while scoring off of a steal against College of Charleston.
Mar 1, 2015, 3:35 PM EST
Rodney Purvis just crushed this dunk.
Mar 1, 2015, 2:00 PM EST
Michigan point guard Spike Albrecht has been battling a hip injury this season.
Mar 1, 2015, 12:45 PM EST
Maryland might miss Michal Cekovsky for some time after the freshman big man was injured during warm-ups on Saturday.
Mar 1, 2015, 11:30 AM EST
Kaelon Wilson put it on a defender on Saturday.
Mar 1, 2015, 10:15 AM EST
Kansas State picked up a Class of 2015 guard commitment on Sunday.
Mar 1, 2015, 9:00 AM EST
A quiet Sunday features some bubble teams clashing.
Late Night Snacks: No. 7 Arizona, No. 11 Wichita State and No. 19 Baylor among Saturday’s big winners
Mar 1, 2015, 2:11 AM EST
No. 1 Kentucky moved to 29-0, and No. 6 Villanova came back to win at Xavier.
Mar 1, 2015, 1:18 AM EST
Will the Zags even stay out west?
Mar 1, 2015, 12:43 AM EST
In a game that saw both teams struggle to find their rhythm, “Zeus” and Gabe York came up big for Arizona.
Bubble Banter: Boise State, St. John’s, Dayton win the day; Texas, N.C. State lose; and Kansas State?
Mar 1, 2015, 12:27 AM EST
All the bubble winners and losers from Saturday’s college hoops action.
Feb 28, 2015, 10:58 PM EST
This came close to being really, really bad.
Feb 28, 2015, 10:25 PM EST
Dwayne Polee II had to sit out Saturday’s loss to Boise State as a result of an abnormal reading generated by his cardiac monitor.
Feb 28, 2015, 7:42 PM EST
With the loss Texas drops to 1-11 in games against teams in the RPI Top 50.
- Bubble Banter: Oregon lands a key win, but Purdue, Stanford and Pitt lose 0
- Late Night Snacks: No. 7 Arizona, No. 11 Wichita State and No. 19 Baylor among Saturday’s big winners 1
- Did Gonzaga cost themselves a No. 1 seed with loss to BYU? 5
- Kaleb Tarczewski produces another quality outing as No. 7 Arizona beats No. 13 Utah 0
- Bubble Banter: Boise State, St. John’s, Dayton win the day; Texas, N.C. State lose; and Kansas State? 4
- No. 1 Kentucky moves to 29-0 with blowout win over No. 18 Arkansas 3
- No. 11 Wichita State wins the Missouri Valley by knocking off No. 10 Northern Iowa 1
- You Make the Call: Was Texas guard Isaiah Taylor fouled on this drive? (13)
- Report: Former Louisville guard Chris Jones charged with rape, sodomy (12)
- Bill Self crushed, Jamari Traylor targeted during Kansas State court storm (VIDEO) (11)
- Dez Wells, Melo Trimble lead No. 14 Maryland to upset of No. 5 Wisconsin (9)
- Vanderbilt head coach Kevin Stallings apologizes for postgame outburst directed at freshman guard Wade Baldwin IV (9)