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 24, 2015, 8:51 PM EDT
Kaleb Tarczewski decided to return to Arizona earlier in the day.
Apr 24, 2015, 8:15 PM EDT
The fifth banner is now hanging in Cameron Indoor Stadium.
Apr 24, 2015, 6:56 PM EDT
DePaul lost a junior guard and a three-star forward (for the second time) on Friday evening.
Apr 24, 2015, 6:00 PM EDT
He’ll be able to play immediately.
Apr 24, 2015, 4:21 PM EDT
The second team All-MAC guard will have two years of eligibility left.
Apr 24, 2015, 2:35 PM EDT
Walker’s career didn’t pan out the way anyone expected, but he’s headed to the pro game after two seasons.
Apr 24, 2015, 2:15 PM EDT
Who’s going pro? Who’s returning to school? Who are we still waiting to hear from?
Apr 24, 2015, 1:52 PM EDT
A roster that will be both young and talented returns its leader as Dunn will be back for another season.
Apr 24, 2015, 1:14 PM EDT
It was reported earlier this week that Newman would be headed to Starkville, and he made it official Friday afternoon.
Apr 24, 2015, 12:55 PM EDT
The return of “Zeus” means that Arizona will have one returning starter from last year’s 34-4 team.
Apr 24, 2015, 12:16 PM EDT
The return of Buddy Hield pushes previously unranked Oklahoma into our way too early rankings.
Apr 24, 2015, 11:34 AM EDT
The reigning Big 12 Player of the Year has some unfinished business to attend to next season.
Apr 24, 2015, 11:15 AM EDT
Poythress played in eight games before suffering a torn ACL in practice.
Apr 24, 2015, 9:35 AM EDT
Sterling Smith averaged 13.9 points and 4.9 rebounds per game at Coppin State last season.
Apr 23, 2015, 9:22 PM EDT
Long averaged a double-double for the third consecutive season in 2014-15. He’ll hang around to make a run at a fourth.
Apr 23, 2015, 8:01 PM EDT
Johnson led the Wildcats in scoring last season while also averaging 6.5 rebounds per contest.
Apr 23, 2015, 6:50 PM EDT
Minnesota had a need for added depth on the wing, and the addition of Ahmad Gilbert helps in that regard.
Apr 23, 2015, 5:01 PM EDT
A second team All-Summit League selection last season, Billbury will be eligible immediately for VCU.
Apr 23, 2015, 4:05 PM EDT
Wallace led the Golden Bears in points, rebounds and assists last season.
Apr 23, 2015, 4:00 PM EDT
Murray is a top 50 recruit in the Class of 2015
- 2015 College Basketball Updated Early Entry List 14
- Providence announces return of point guard Kris Dunn for 2015-16 season 0
- Five-star guard Malik Newman commits to Mississippi State 0
- UPDATED: 2015-2016 College Basketball Way-Too-Early Preseason Rankings 0
- Oklahoma guard Buddy Hield returning for senior season 0
- Arizona forward Stanley Johnson enters 2015 NBA Draft 2
- California guard Tyrone Wallace to return for senior season 0
- Duke lands commitment from elite PG Derryck Thornton, who will reclass (17)
- 2015 College Basketball Updated Early Entry List (14)
- Five-star Kentucky commit believes the NCAA will clear him to play (10)
- Five members of Iowa State’s 2014-15 team have been arrested after two more arrests this week (9)
- UPDATED: 2015-2016 College Basketball Way-Too Early Preseason Top 25 (9)