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.
Aug 22, 2014, 1:28 PM EDT
Having stated their intention of appealing the ruling in the Ed O’Bannon lawsuit, the NCAA filed a notice of appeal on Thursday.
Aug 22, 2014, 12:07 PM EDT
Five-star center Tyler Davis becomes Texas A&M’s first commitment, and he’s an important addition for Billy Kennedy.
Aug 22, 2014, 11:15 AM EDT
Austin Hatch, who saw his first action in a Michigan uniform on Saturday, discussed his return to the court on The Today Show.
Aug 22, 2014, 10:30 AM EDT
Upon completion, Hinkle Fieldhouse will have a brand new look while preserving the building’s storied past.
Aug 22, 2014, 9:44 AM EDT
The conference tournament will now span five days, with there being a doubleheader on Wednesday, March 11 (11 seed vs. 14 seed, 12 seed vs. 13 seed).
Aug 21, 2014, 11:06 PM EDT
More than two months after his older brother left the football program, Mickey Mitchell has decided to decommit from Ohio State.
Aug 21, 2014, 10:14 PM EDT
6-foot-7 forward Kevin Puryear was a point forward for his high school team last season.
Aug 21, 2014, 8:45 PM EDT
The Toronto Blue Jays aren’t thrilled with Creighton filing an application to trademark its logo, which was unveiled last September.
Aug 21, 2014, 7:21 PM EDT
Rick Barnes entered last season on nearly every pundit’s “hot seat” rankings, only to turn things around and win 24 games.
Aug 21, 2014, 5:55 PM EDT
Mo’ne Davis is currently focused on winning a LLWS title, but down the line she really wants to run the point at UConn.
Aug 21, 2014, 4:37 PM EDT
Aaron McKie ranks sixth on Temple’s all-time scoring list, and he played 13 seasons in the NBA.
Aug 21, 2014, 3:57 PM EDT
UConn’s league schedule is only getting weaker. They need to beef up in the non-conference.
Aug 21, 2014, 3:19 PM EDT
A quick explanation of why John Calipari can be a great coach without being a great x’s-and-o’s coach.
Aug 21, 2014, 1:45 PM EDT
Do you agree with that ranking?
Aug 21, 2014, 12:46 PM EDT
But would hiring Cremins be a way to get Anthony Johnson the job?
Aug 21, 2014, 10:55 AM EDT
It is absolutely hilarious.
Aug 21, 2014, 10:34 AM EDT
Five points down, 2.8 seconds left, and victorious?
Aug 21, 2014, 9:34 AM EDT
Rozier will be the most important player for Louisville this season.
Aug 20, 2014, 10:46 PM EDT
Redshirting helped Eli Carter as he looks to recover from a broken leg suffered in 2013, but he still isn’t at the level he was prior to the injury.
Aug 20, 2014, 9:59 PM EDT
According to reports Dominic Woodson will be enrolling at Tennessee in time for the start of classes Thursday.
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