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 22, 2014, 9:00 AM EDT
Fun fact about Shaka Smart: He has still never won a conference regular season title.
Oct 21, 2014, 11:00 PM EDT
Stanford’s back court depth took a hit this week.
Oct 21, 2014, 9:45 PM EDT
Suspensions have been handed down for two James Madison players involved in a fall altercation.
Oct 21, 2014, 8:38 PM EDT
Nebraska has been recruiting the state of Illinois very hard and it paid off with a 2016 commitment.
Oct 21, 2014, 8:15 PM EDT
Kansas State has taken a hit to its front court depth this week.
Oct 21, 2014, 7:15 PM EDT
Florida’s backcourt depth received a big boost this week.
Oct 21, 2014, 6:15 PM EDT
Georgia State loses Kevin Ware with a high ankle sprain.
Oct 21, 2014, 6:00 PM EDT
American went from ninth in the Patriot League preseason polls to a No. 15 seed in the 2014 NCAA Tournament. Safe to say, the Eagles will be viewed much differently this time around with four returning starters.
Oct 21, 2014, 5:15 PM EDT
Wyoming becomes a contender in the Mountain West Conference with the return of senior forward Larry Nance Jr.
Oct 21, 2014, 4:15 PM EDT
Clemson added a junior college post that could come in and make an immediate impact.
Oct 21, 2014, 3:06 PM EDT
The Aggies now have one of the best recruiting classes in the country.
Oct 21, 2014, 3:00 PM EDT
American was the surprise team in the Patriot League a season ago. Can they repeat as league champs?
Oct 21, 2014, 2:00 PM EDT
No surprise that Murray State and Belmont are expected to be at the top of the league.
Oct 21, 2014, 1:00 PM EDT
L.J. Rose is expected to return around Christmas.
Oct 21, 2014, 12:00 PM EDT
The Gators are good enough to win the SEC. They have enough question marks to finish outside the top 25 as well.
Oct 21, 2014, 10:08 AM EDT
That fan looks like he’s enjoying things.
Oct 21, 2014, 9:00 AM EDT
These are the players to keep an eye on if you like seeing aerial acrobatics.
Oct 20, 2014, 11:00 PM EDT
Kansas State is losing a redshirt freshman to transfer.
Oct 20, 2014, 10:00 PM EDT
Virginia got a very skilled guard in the 2016 class.
Oct 20, 2014, 9:15 PM EDT
Florida landed an in-state Class of 2015 wing to make it a four-man class.
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