Jun 20, 2013, 8:25 AM EST
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.
2014 Summit League Tournament Preview: North Dakota State looks to avenge last year’s title-game loss
Mar 7, 2014, 3:00 PM EST
North Dakota State was the preseason favorite in the league and they won the Summit League regular season crown by two full games over IPFW and South Dakota State. But the Bison are still motivated coming into the 2014 Summit League Conference Tournament after falling in the title game last season to South Dakota State.…
Mar 7, 2014, 2:27 PM EST
Winthrop’s Andre Smith provides the latest buzzer-beater, knocking off Big South regular season champ High Point.
Mar 7, 2014, 1:36 PM EST
Longtime Syracuse fan receives a special present eight days prior to her 100th birthday
Mar 7, 2014, 12:26 PM EST
A look at the 2009 Big East quarterfinal between UConn and Syracuse, nearly five years after the game was played.
Mar 7, 2014, 12:00 PM EST
It’s no longer a league dominated by Vermont, Albany and Boston U. Perhaps this bodes well for Steve Pikiell’s squad.
Mar 7, 2014, 10:40 AM EST
Five conference tournaments in action, and Harvard looks to punch its ticket to the Big Dance.
Mar 7, 2014, 9:21 AM EST
Going to be a busy week for all the bubble teams, too.
Mar 7, 2014, 8:50 AM EST
Duke vs. North Carolina highlights a spate of ranked matchups, not to mention teams will start snagging tickets to the Big dance as well.
Mar 7, 2014, 2:54 AM EST
Wildcats stay in contention for a No. 1 seed in NCAA tournament, while a Southland shootout takes game of night honors.
Mar 7, 2014, 1:13 AM EST
Hawkeyes sure didn’t mind conceding open looks on Thursday.
Mar 7, 2014, 1:05 AM EST
There are 11 days left until Selection Sunday. Every morning from now until the bracket comes out, we’ll help you get caught up on the happenings with impact on the bubble from the night before.
Mar 7, 2014, 12:32 AM EST
Loyola-Illinois got the hang of the MVC tournament in a hurry.
Mar 7, 2014, 12:30 AM EST
That 0-10 start to conference play is (almost) a distant memory.
Mar 7, 2014, 12:12 AM EST
Sign of things to come to just a blip for the Spartans?
Mar 6, 2014, 11:48 PM EST
It’s getting dusty in here.
Mar 6, 2014, 10:33 PM EST
Entering Tuesday night’s date with No. 20 Memphis, offensively-challenged No. 15 Cincinnati had scored more than 80 points in a game just five times. Their victims? Campbell, Kennesaw State, USC Upstate and Chicago State all lost to the Bearcats before Christmas. Temple, one of the bottom-feeders in the American, managed to score exactly 80 points…
Mar 6, 2014, 9:49 PM EST
That regular-season title in the AAC is within the Bearcats’ claws.
Mar 6, 2014, 9:46 PM EST
To say things got weird would be an understatement.
- Weekend Preview: The regular season comes to a close 0
- For the first time in months, No. 22 Michigan State and Keith Appling look healthy 2
- Senior starters once again carry No. 15 Cincinnati 0
- Doug McDermott’s career still missing most important part: His One Shining Moment 2
- Bryce Cotton, Providence’s marathon man, looking to lead the Friars on a run to the NCAA tournament 2
- Bubble Banter: Colorado, Dayton the day’s biggest winners 2
- After win at No. 18 SMU, No. 11 Louisville is once again peaking in March 0
- Undefeated regular season says all we need to know about No. 2 Wichita State (9)
- No. 7 Syracuse falls to Georgia Tech in a shocking home loss (9)
- Finally at full strength, Michigan State sleepwalks through loss to Illinois (6)
- Kentucky hits rock bottom, loses at South Carolina (6)
- College Basketball Talk’s latest Top 25 (6)