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.
Apr 20, 2015, 10:45 PM EDT
BYU is losing two reserve players to transfer.
Apr 20, 2015, 9:45 PM EDT
Iowa landed a junior college forward to close out a six-man class.
Apr 20, 2015, 8:45 PM EDT
Iowa State head coach Fred Hoiberg is up and on his feet after heart surgery.
Apr 20, 2015, 7:45 PM EDT
North Carolina star point guard Marcus Paige had successful surgery
Apr 20, 2015, 6:45 PM EDT
Shannon Evans is leaving Buffalo. Is athletic director Danny White the reason why?
Apr 20, 2015, 5:45 PM EDT
Rhode Island added some immediate help shooting the ball.
Apr 20, 2015, 4:45 PM EDT
Ohio landed an in-state Class of 2016 center.
Apr 20, 2015, 4:30 PM EDT
South Florida continues to hit the transfer market hard.
Apr 20, 2015, 3:17 PM EDT
Evan Payne averaged 18.0 points for LMU last season.
Apr 20, 2015, 2:47 PM EDT
Tarrant will step into the starting point guard role for Memphis.
Apr 20, 2015, 2:38 PM EDT
Wiltjer will likely be a preseason all-american.
Apr 20, 2015, 1:58 PM EDT
The younger Greek Freak is hitting the AAU circuit this summer.
Apr 20, 2015, 12:52 PM EDT
This is the leader in the clubhouse for the weirdest offseason story.
Apr 20, 2015, 11:49 AM EDT
Sampson gives LSU one of the best recruiting classes in the country.
Apr 20, 2015, 9:37 AM EDT
Poeltl had a chance to be a first round pick.
Apr 20, 2015, 9:05 AM EDT
Who’s going pro? Who’s returning to school? Who are we still waiting to hear from?
Apr 19, 2015, 11:15 PM EDT
Brandon Ingram’s down to six schools: North Carolina, Duke, Kansas, Kentucky, UCLA and NC State.
Apr 19, 2015, 10:05 PM EDT
Marcus Keene averaged 15.6 ppg last season, and with Chris Fowler entering his senior season this is a good pickup for the Chippewas.
Apr 19, 2015, 9:20 PM EDT
Brandon Sampson will pick LSU, Oklahoma State or St. John’s on Monday, and he’s an important recruit for the Red Storm.
Apr 19, 2015, 8:42 PM EDT
Nathan Davis, who won 78.3 percent of his games as head coach at Randolph Macon, was an assistant at Bucknell from 2003-08.
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