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.
Oct 2, 2014, 9:44 AM EDT
The Illini came back from 15 down in the final four minutes to win in overtime.
Oct 1, 2014, 11:57 PM EDT
Oregon State has to replace its top five scorers from last season, so being shorthanded doesn’t help matters at all.
Oct 1, 2014, 10:40 PM EDT
Chemistry was a key component in Dayton’s run to the Elite Eight. They’ll begin the 2014-15 season looking to rebuild that without three expected contributors.
Oct 1, 2014, 8:59 PM EDT
Amida Brimah averaged 4.1 points, 3.3 rebounds and 2.3 blocks per game as a freshman, and he’s fully recovered from offseason shoulder surgery.
Oct 1, 2014, 7:14 PM EDT
The Big Ten is the first of the five conferences granted autonomy to send recommendations to the NCAA.
Oct 1, 2014, 6:06 PM EDT
With Missouri’s top three scorers from last season having moved on, Johnathan Williams III will be a key figure in 2014-15.
Oct 1, 2014, 4:45 PM EDT
Spencer averaged 9.1 points and 3.2 rebounds per game last season.
Oct 1, 2014, 4:07 PM EDT
Both with charged with drunk driving offenses during the offseason.
Oct 1, 2014, 3:03 PM EDT
SDSU’s front court depth will take an early season hit.
Oct 1, 2014, 1:39 PM EDT
Haith earned a commitment from a three-star point guard from Western New York.
Oct 1, 2014, 11:52 AM EDT
Van Vleet has been attending speaking engagements this offseason, trying to give back to the youth.
Oct 1, 2014, 11:02 AM EDT
Jawun Evans is one of the top three point guards in the class.
Oct 1, 2014, 9:55 AM EDT
Do you think the MLB needs some ice for that burn?
Sep 30, 2014, 11:00 PM EDT
A former Baylor commit is suing his former high school for allegedly altering his grades.
Sep 30, 2014, 9:42 PM EDT
Missouri is losing a wing shooter.
Sep 30, 2014, 8:50 PM EDT
Can an SEC program reel in a top-5 player in the 2015 class during a weekend visit?
Sep 30, 2014, 7:44 PM EDT
Harvard landed another quality recruit.
Sep 30, 2014, 6:20 PM EDT
IUPUI unveiled a new court design this week.
Sep 30, 2014, 5:10 PM EDT
Western Kentucky fans were given three options and selected one for the upcoming season.
Sep 30, 2014, 3:55 PM EDT
NBA teams know all about efficiency stats and advanced analytics. College freshmen and sophomores may not.
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- John Calipari hiring an analytics director is smart, necessary, strictly for his players 0
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- Four-star point guard verbally commits to Clemson 0
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- Four-star 2015 shooting guard commits to Illinois 0
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- NCAA twitter account effortlessly trolls MLB during playoff opener (2)
- Frank Haith lands first commitment as head coach at Tulsa (2)
- Three-star point guard down to Maryland, Providence, UNLV and Virginia Tech (1)
- Former SMU commit picks Michigan State (1)