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.
Jul 29, 2014, 10:14 PM EDT
UCLA reopened Pauley Pavilion in 2012 after $136 million worth of renovations.
Jul 29, 2014, 8:34 PM EDT
The UCLA campus became flooded on Tuesday afternoon.
Jul 29, 2014, 8:30 PM EDT
Mike Krzyzewski is entering his 40th season as a head coach.
Jul 29, 2014, 6:45 PM EDT
Doug Wojcik has been investigated twice by the College of Charleston.
Jul 29, 2014, 6:15 PM EDT
Cal told The Sporting News that he couldn’t leave behind the guys that decided to return to school. Do you buy it?
Jul 29, 2014, 5:22 PM EDT
A former UK coach gave his listeners some new details about Willie Cauley-Stein’s injury.
Jul 29, 2014, 4:27 PM EDT
Malik Monk is a dream come true for the mixtape makers.
Jul 29, 2014, 3:46 PM EDT
And now they’re considering selling it at football games.
Jul 29, 2014, 1:50 PM EDT
The Bruins will be tested by the time Pac-12 play rolls around.
Jul 29, 2014, 11:55 AM EDT
Chad Frazier was arrested back in April.
Jul 29, 2014, 11:34 AM EDT
Another surprise cut was made at the point guard spot
Jul 29, 2014, 10:12 AM EDT
Beyond the glitz and glamour of the highest levels of AAU basketball are kids fighting to land one of a few coveted scholarships.
Jul 29, 2014, 9:31 AM EDT
The procedure wasn’t know until Agau took to social media.
Jul 28, 2014, 11:30 PM EDT
Richard Pitino likes that he can feed his players now.
Jul 28, 2014, 10:00 PM EDT
Wisconsin got some pretty cool rings for making the Final Four.
Jul 28, 2014, 8:45 PM EDT
After tearing his ACL less than a year ago, Harry Giles looks healthy and prepared to battle for No. 1 in the Class of 2016.
Jul 28, 2014, 7:30 PM EDT
Northwestern head coach Chris Collins will be working with pros this summer.
Jul 28, 2014, 5:45 PM EDT
Seven thoughts are a weekend at AAU Nationals and Super Showcase in Louisville.
Jul 28, 2014, 3:36 PM EDT
Haley is the first member of Washington’s 2016 recruiting class.
Jul 28, 2014, 2:59 PM EDT
Our Raphielle Johnson spent five days at the tournaments out in Vegas last week. Here are his thoughts on them.
- UCLA’s Pauley Pavilion flooded after water main break on Sunset Boulevard (PHOTOS/VIDEOS) 0
- John Calipari’s return to Kentucky ‘solely’ due to loyalty to his players 0
- The other side of the July live period: Recruits continue to strive for attention and offers 0
- Seven takeaways from AAU Nationals and Super Showcase 0
- Seven takeaways from Las Vegas for the final AAU weekend of 2014 0
- One college coach’s unique connection to the Peach Jam 0
- July Live Period Week Three Superlatives 0
- Marcus Foster still hasn’t forgotten, or forgiven, those pulled scholarships (3)
- Two surprises after first cuts at Team USA U17 trials (3)
- Top 15 recruit Antonio Blakeney has made the ‘jump’ — literally — to elite status (2)
- The latest allegations against Doug Wojcik involve a physical confrontation (2)
- Coach K: ‘I do not see an end of my road in my college coaching’ (1)