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 8, 2014, 8:00 AM EST
Earlier this week San Francisco 49ers head coach Jim Harbaugh dropped in on Kansas’ pregame shootaround, even knocking down a half court shot during his time at Allen Fieldhouse. On Friday Dallas Cowboys head coach Jason Garrett and quarterback Tony Romo made an appearance at Cameron Indoor Stadium the day before Duke’s important game with…
Mar 8, 2014, 1:00 AM EST
A recap of Friday night’s action, including Harvard wrapping up the Ivy League crown
Mar 7, 2014, 10:22 PM EST
Siyani Chambers and company played much better in the rematch, beating Yale to earn a third consecutive NCAA tournament berth.
Mar 7, 2014, 9:38 PM EST
Meet Harvard, the first team to wrap up a spot in the 2014 NCAA tournament.
Mar 7, 2014, 7:15 PM EST
Harvard looks to wrap up its third consecutive trip to the NCAA tournament.
Mar 7, 2014, 6:25 PM EST
South Carolina head coach Frank Martin met with the media to address the actions that led to his one-game suspension
Mar 7, 2014, 5:03 PM EST
UCSB issues a statement regarding Thursday’s incident in which a fan confronted Hawaii head coach Gib Arnold on the court
Mar 7, 2014, 3:43 PM EST
No. 2 Wichita State moves to 32-0, with their big men performing well in their “Arch Madness” opener.
2014 Summit League Tournament Preview: North Dakota State looks to avenge last year’s title-game loss
Mar 7, 2014, 3:00 PM EST
North Dakota State is looking to avenge last season’s Summit League title game loss by winning the 2014 Summit League Conference Tournament after winning the regular season crown.
Mar 7, 2014, 2:27 PM EST
Winthrop’s Andre Smith provides the latest buzzer-beater, knocking off Big South regular season champ High Point.
Mar 7, 2014, 1:36 PM EST
Longtime Syracuse fan receives a special present eight days prior to her 100th birthday
Mar 7, 2014, 12:26 PM EST
A look at the 2009 Big East quarterfinal between UConn and Syracuse, nearly five years after the game was played.
Mar 7, 2014, 12:00 PM EST
It’s no longer a league dominated by Vermont, Albany and Boston U. Perhaps this bodes well for Steve Pikiell’s squad.
Mar 7, 2014, 10:40 AM EST
Five conference tournaments in action, and Harvard looks to punch its ticket to the Big Dance.
Mar 7, 2014, 9:21 AM EST
Going to be a busy week for all the bubble teams, too.
Mar 7, 2014, 8:50 AM EST
Duke vs. North Carolina highlights a spate of ranked matchups, not to mention teams will start snagging tickets to the Big dance as well.
Mar 7, 2014, 2:54 AM EST
Wildcats stay in contention for a No. 1 seed in NCAA tournament, while a Southland shootout takes game of night honors.
Mar 7, 2014, 1:13 AM EST
Hawkeyes sure didn’t mind conceding open looks on Thursday.
Mar 7, 2014, 1:05 AM EST
There are 11 days left until Selection Sunday. Every morning from now until the bracket comes out, we’ll help you get caught up on the happenings with impact on the bubble from the night before.
- Harvard wraps up third consecutive NCAA tournament berth (VIDEO) 0
- Weekend Preview: The regular season comes to a close 1
- For the first time in months, No. 22 Michigan State and Keith Appling look healthy 5
- Senior starters once again carry No. 15 Cincinnati 0
- Doug McDermott’s career still missing most important part: His One Shining Moment 0
- Bryce Cotton, Providence’s marathon man, looking to lead the Friars on a run to the NCAA tournament 0
- Bubble Banter: Colorado, Dayton the day’s biggest winners 1
- Undefeated regular season says all we need to know about No. 2 Wichita State (9)
- No. 7 Syracuse falls to Georgia Tech in a shocking home loss (9)
- Finally at full strength, Michigan State sleepwalks through loss to Illinois (6)
- Kentucky hits rock bottom, loses at South Carolina (6)
- College Basketball Talk’s latest Top 25 (6)