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.
Sep 15, 2014, 10:33 PM EDT
Five-star shooting guard Antonio Blakeney has opened it back up.
Sep 15, 2014, 10:22 PM EDT
The Bearcats added a 2015 recruit on Monday night.
Sep 15, 2014, 9:45 PM EDT
Kansas begins a two-week Boot Camp today.
Sep 15, 2014, 8:30 PM EDT
Shaquille Johnson is in trouble at his new home.
Sep 15, 2014, 7:30 PM EDT
Things are getting interesting between the Pitinos as we get closer to the Minnesota and Louisville game.
Sep 15, 2014, 6:30 PM EDT
Florida International had some bad luck over the weekend.
Sep 15, 2014, 5:30 PM EDT
Charlotte head coach Alan Major has returned to the team.
CBT’s Recruiting Roundup: UConn and Arizona land 2015 big men, 2015 commitments flying off the board
Sep 15, 2014, 4:40 PM EDT
News and notes from around the world of college basketball recruiting.
Sep 15, 2014, 4:10 PM EDT
Brown is a 6-foot-7 powerhouse that has drawn some comparisons to Stanley Johnson.
Sep 15, 2014, 2:45 PM EDT
It’s the second recruit UCLA has lost this week.
Sep 15, 2014, 1:55 PM EDT
The NCAA is trying to improve their ability to apply common sense to rules interpretations.
Sep 15, 2014, 1:02 PM EDT
They’ll be out there for six full days. To get tickets to watch a practice.
Sep 15, 2014, 12:32 PM EDT
Avery Harriman continues his third battle with leukemia.
Sep 15, 2014, 11:19 AM EDT
It was less a shot at Coach K than it was a shot at USA Basketball.
Sep 15, 2014, 11:03 AM EDT
The best players in the D.C. area competed at DMVElite 80 over the weekend.
Sep 14, 2014, 11:59 PM EDT
Of Wyoming’s five 2015 verbal commitments, three have come from Florida natives.
Sep 14, 2014, 10:08 PM EDT
The Tabor Academy forward picked Fordham over offers from Duquesne, Quinnipiac and Saint Joseph’s.
Sep 14, 2014, 8:47 PM EDT
With Anthony Drmic and Derrick Marks both being seniors, this is an important addition for the Broncos.
Sep 14, 2014, 7:50 PM EDT
The Roselle Catholic (New Jersey) product is expected pick from Rhode Island, Seton Hall and South Carolina.
Sep 14, 2014, 6:15 PM EDT
Playing with an all-star team this summer helped the Arkansas transfer shake off the rust accumulated during his season on the sidelines.
- Five-star shooting guard Antonio Blakeney decommits from Louisville 0
- CBT’s Recruiting Roundup: UConn and Arizona land 2015 big men, 2015 commitments flying off the board 0
- USA Basketball, Mike Krzyzewski and thoughts on today’s ‘takedown’ 2
- Arizona lands four-star center to potential No. 1 recruiting class in 2015 0
- Allen Iverson, Georgetown legends return to campus for new John Thompson practice facility 3
- In-state power forward verbally commits to UConn 0
- Former Indiana guard A.J. Guyton writes an open letter to Bob Knight 6
- Former Indiana guard A.J. Guyton writes an open letter to Bob Knight (6)
- Four-star power forward becomes Indiana’s first 2015 commitment (3)
- Arizona State commit arrested for allegedly shoplifting less than $20 in DVDs from Walmart (3)
- Allen Iverson, Georgetown legends return to campus for new John Thompson practice facility (3)
- Villanova lands commitment from five-star point guard Jalen Brunson (2)