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.
Dec 17, 2014, 5:56 PM EST
After shooting 40.7% from the field and 29.4% from three as a sophomore, Anderson’s off to a hot start for the sixth-ranked Cavaliers.
Dec 17, 2014, 4:26 PM EST
With these dismissals Dayton has no eligible players taller than 6-foot-6.
Dec 17, 2014, 4:00 PM EST
This may be the most interesting night of hoops this week.
Dec 17, 2014, 3:44 PM EST
What changes will Kansas make to get better by March?
Dec 17, 2014, 2:30 PM EST
They are so short-handed that even the head coach is participating in practices.
Dec 17, 2014, 1:53 PM EST
Treadwell was accused of assaulting a member of the women’s team.
Dec 17, 2014, 1:00 PM EST
DeVaughn Akoon-Purcell broke his right hand in a win over DePaul.
Dec 17, 2014, 11:16 AM EST
The Shockers miss Cleanthony Early, but how much will this hurt them in the long-term?
Dec 17, 2014, 10:33 AM EST
This is one of the most surprising posterizeds we’ve seen this year.
Dec 17, 2014, 8:00 AM EST
Michigan State lost a lot of talent and experience from a title contender last season, but they’ve remained a top 25 team thanks to tremendous three-point shooting.
Dec 17, 2014, 7:00 AM EST
Who doesn’t love buzzer-beaters, especially when they’re from half court?
Dec 17, 2014, 12:58 AM EST
That’s one heartbreaking way to lose a game.
Late Night Snacks: Wichita State mounts furious comeback on Alabama, Myles Turner has big night for Texas
Dec 16, 2014, 11:55 PM EST
Myles Turner has a monster night.
Dec 16, 2014, 11:49 PM EST
Wichita State found a way to win in a thrilling home game against Alabama.
Dec 16, 2014, 10:10 PM EST
Creighton will be without a reserve guard for an undetermined period of time.
Dec 16, 2014, 9:20 PM EST
Duke will add the son of a former NBA legend to its roster in 2015-16.
Dec 16, 2014, 8:00 PM EST
Houston should get a major boost to its lineup this weekend with the return of its starting point guard.
Dec 16, 2014, 7:00 PM EST
Iowa State is losing a guard that didn’t fit into the rotation.
Dec 16, 2014, 6:00 PM EST
Texas is already without Isaiah Taylor and lost more guard depth on Tuesday.
Dec 16, 2014, 5:02 PM EST
But there are a couple of good, off-the-radar games.
- Chase for 180: So far, so good for Virginia’s Justin Anderson 0
- New Year’s Resolutions: Kansas Jayhawks 0
- Wichita State’s offensive struggles highlighted by come-from-behind win vs. Alabama 1
- Michigan State’s efficient three-point shooting is key for 2014-15 success 0
- No. 11 Wichita State rallies from 11 down to beat Alabama thanks to Van Vleet (VIDEO) 0
- The Ten Most Important Midseason Additions 0
- Player of the Year Power Rankings: New faces are popping up in our top ten 0
- Dana Altman says Oregon’s hands up, don’t shoot protest not ‘appropriate time’ (20)
- Georgetown discusses becoming first college basketball team to wear ‘I Can’t Breathe’ T-shirts (PHOTO) (9)
- Gregg Marshall writes to Wichita State students after seeing empty seats in student section (PHOTO) (7)
- Report: David Robinson’s son will be preferred walk-on at Duke in 2015-16 (VIDEO) (5)
- Self says No. 10 Kansas is ‘not good right now’, and that should scare you (4)