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.
Apr 18, 2014, 1:39 PM EDT
Arizona State announced Friday that guard Shaquielle McKissic has been granted an extra season of eligibility by the NCAA.
Apr 18, 2014, 1:03 PM EDT
Duke’s Rodney Hood made the news official Friday, announcing that he’ll be entering the 2014 NBA Draft.
Apr 18, 2014, 12:48 PM EDT
Family and friends of Lacey Holsworth gathered at the Breslin Center to celebrate her life on Thursday.
Apr 18, 2014, 11:30 AM EDT
Kansas will hold a groundbreaking ceremony for the DeBruce Center on May 2nd.
Apr 18, 2014, 10:23 AM EDT
With the rise in graduate transfers, the NCAA is looking to change the immediate eligibility process.
Former Nevada forward Cole Huff free to transfer to non-Mountain West schools in southern California
Apr 17, 2014, 9:40 PM EDT
The number of schools that former Nevada forward Cole Huff is prohibited from transferring to has been cut down to 38 following an appeals hearing Thursday.
Apr 17, 2014, 9:07 PM EDT
NCAA tournament participants Cincinnati, Creighton and North Carolina Central part of eight-team field in inaugural Emerald Coast Classic.
Apr 17, 2014, 8:16 PM EDT
The order of protection filed against former Missouri forward Zach Price by Earnest Ross was thrown out Thursday.
Apr 17, 2014, 7:17 PM EDT
After leading Green Bay to a 24-win season, head coach Brian Wardle’s been rewarded with a new five-year contract.
Apr 17, 2014, 5:56 PM EDT
Gonzaga’s added a fourth member to its 2014 recruiting class, with the son of Hall of Famer Arvydas Sabonis making his pledge to join the program.
Apr 17, 2014, 5:06 PM EDT
Former Houston players Danuel House and TaShawn Thomas met with an appeals committee Thursday in hopes of getting released from their respective scholarships.
Apr 17, 2014, 4:19 PM EDT
Rodney Hood is following Jabari Parker to the league.
Apr 17, 2014, 4:03 PM EDT
Is Frank Haith getting out of Missouri before they kick him out?
Apr 17, 2014, 3:25 PM EDT
Kentucky is still waiting to hear from four players on their NBA decision.
Apr 17, 2014, 2:33 PM EDT
UCLA will be a contender in the Pac-12 next season with Jordan Adams returning to school.
Apr 17, 2014, 1:45 PM EDT
With less than stellar reviews from NBA folks, might the Harrisons be leaning towards a return to Lexington?
Apr 17, 2014, 12:35 PM EDT
Parker will be a top three pick in the draft.
Apr 17, 2014, 12:30 PM EDT
Jacksons path from Murray State to Southeastern Louisiana is wild.
Apr 17, 2014, 11:43 AM EDT
Hill wrote a nice note to Marquette fans to thank them.
Apr 17, 2014, 10:30 AM EDT
Five protesters from the Westboro Baptist Church showed up at UMass on Wednesday. 1,500 students rallied in response.
- NCAA council aims to change immediate eligibility waiver policy 0
- Reports: Missouri’s Frank Haith agrees to take the Tulsa job 11
- Kentucky’s James Young to enter the NBA Draft 0
- Jabari Parker is headed to the NBA 5
- It’s beyond time for college basketball to return to NBA’s early entry calendar 0
- Former Alabama player Devonta Pollard receiving interest from Kentucky 2
- 2014 NBA Draft: What early entry decisions are we still waiting for? 0
- NCAA approves unlimited meals and snacks for Division I student-athletes (11)
- #UMassUnited: Thousands show to support Derrick Gordon during Westboro Baptist Church protest (11)
- Reports: Missouri’s Frank Haith agrees to take the Tulsa job (11)
- Report: Cuonzo Martin to become the new head coach at California (10)
- Cuonzo Martin and Tennessee parting ways is good for everyone involved (9)