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 31, 2014, 4:00 PM EDT
Another SEC school used a similar system on its way to a national title game appearance in 2000.
CBT’s Recruiting Roundup: UCF lands a unique center, Tennessee’s impact wing, Saint Louis gets rising center
Oct 31, 2014, 3:00 PM EDT
News and notes from the world of college basketball recruiting.
Oct 31, 2014, 2:00 PM EDT
Despite 29 wins (13 in conference play) Louisiana Tech missed out on the NCAA tournament. Michael White looks to change that this season, although, his team will have to go through the likes of UTEP and newcomer Western Kentucky, first.
Oct 31, 2014, 1:12 PM EDT
With the number of guards in the Kansas program, playing time was likely to be scarce for Conner Frankamp.
Oct 31, 2014, 12:45 PM EDT
Isaac Fotu’s part of the NCAA’s investigation into the program, and other schools have attempted to poach some of Hawaii’s remaining players.
Oct 31, 2014, 12:00 PM EDT
Virginia is coming off of a dual-ACC title and returns the majority of the key players from that team.
Oct 31, 2014, 11:37 AM EDT
No surprise that Kentucky’s on top. Also of note: No. 3 Wisconsin received more first-place votes than No. 2 Arizona.
Oct 31, 2014, 10:30 AM EDT
The Cincinnati transfer was expected to factor into a rotation that’s replacing five seniors from last season’s team.
Oct 31, 2014, 9:00 AM EDT
Is this team better than Philly?
Oct 30, 2014, 11:53 PM EDT
Quick action by construction workers ensured that it was declared ready for play two days after being flooded.
Oct 30, 2014, 10:41 PM EDT
Some officials are in hot water after compromising a system used by 20 different Division I conferences.
Oct 30, 2014, 8:58 PM EDT
Saint Louis adds more depth to its front court with this verbal commitment.
Oct 30, 2014, 7:30 PM EDT
I can do that.
Oct 30, 2014, 7:26 PM EDT
John Egbunu was an American Athletic Conference All-Freshman Team selection at USF last season.
Oct 30, 2014, 6:30 PM EDT
The Preseason Atlantic 10 Player of the Year is looking to lead VCU deep into March.
Oct 30, 2014, 5:55 PM EDT
Chris Clarke is a perfect fit for Donnie Tyndall.
Oct 30, 2014, 4:45 PM EDT
The Golden Griffins have to account for the loss of four starters from last season’s 21-win team.
Oct 30, 2014, 3:56 PM EDT
Feel free to take this as my challenge to you all.
Oct 30, 2014, 2:32 PM EDT
North Carolina should be a national title contender, but they do have some question marks.
Oct 30, 2014, 1:45 PM EDT
Dayton head coach Archie Miller spurned high-major programs to remain at Atlantic 10. He’s not the only one in the league happy with where they are.
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