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.
Aug 2, 2015, 9:45 PM EDT
St. John’s remains under consideration for the Brooklyn native.
Aug 2, 2015, 6:37 PM EDT
He’s the younger brother of five-star 2017 forward Michael Porter Jr., and Michael Sr. considered joining the Washington staff this spring.
Aug 2, 2015, 5:10 PM EDT
With Vince Hunter in the professional ranks and Matt Willms dealing with a foot issue, this is an important pickup for the Miners.
Aug 2, 2015, 4:00 PM EDT
Markelle Fultz will take two official visits once he leaves adidas Nations.
Aug 2, 2015, 2:45 PM EDT
Wenyen Gabriel’s tremendous summer only got better with this off-handed throw down on a defender.
Aug 2, 2015, 1:45 PM EDT
Xavier added another piece in the 2016 class with a guard commitment.
Aug 2, 2015, 12:33 PM EDT
N.C. State added a dynamic wing scorer late in their 2015 recruiting efforts on Sunday as reclassified 6-foot-7 wing Maverick Rowan committed to the Wolfpack. A three-level scorer, Rowan was previously committed to Pitt and later backed off of his pledge to the Panthers before deciding to move up a grade by taking two summer…
Aug 2, 2015, 11:45 AM EDT
Texas A&M finished off a tremendous 2015 recruiting class with one more combo guard.
Aug 2, 2015, 10:15 AM EDT
After a rough July that included suspensions and a recruit heading to prep school, Arkansas received some good news on the first day of August.
Aug 2, 2015, 9:00 AM EDT
Brandon Childress, son of Wake Forest great Randolph Childress, was the first commit in the class for the Demon Deacons.
Aug 1, 2015, 10:01 PM EDT
The lawsuit stemmed from the incident in the spring of 2014.
Aug 1, 2015, 9:15 PM EDT
Praised for his ability as both a coach and recruiter, Beckner also helped develop Damian Lillard into a lottery pick.
Aug 1, 2015, 7:59 PM EDT
Childs played well with the Utah Prospects in Las Vegas during the final evaluation period.
Aug 1, 2015, 6:39 PM EDT
Indiana, Kentucky and St. John’s are among the ten, as many expected.
Aug 1, 2015, 5:27 PM EDT
SMU will be the headliner for this event, with the semifinals scheduled for December 22 and the third place and title games the following night.
Aug 1, 2015, 3:20 PM EDT
Former Texas A&M guard Peyton Allen is now a Shocker.
Aug 1, 2015, 1:30 PM EDT
Iowa is hoping for improvement from a sophomore forward who showed promise this summer.
Aug 1, 2015, 11:30 AM EDT
This Wisconsin rap battle is starting to spread.
Aug 1, 2015, 10:00 AM EDT
There will be 39 college counselors playing at adidas Nations this weekend.
Aug 1, 2015, 8:52 AM EDT
Is this an addition for depth, or should Kentucky be concerned about another center?
- Five-star shooting guard focusing on ten schools 0
- Isaac Humphries is Kentucky’s insurance policy inside, but should that be concerning? 2
- Source: Isaac Humphries expected to commit to Kentucky, enroll in 2015 1
- Steady improvement turning Alize Johnson into valued Division I prospect 0
- Report: SMU’s Larry Brown up against ‘lack of coach control’ charge 1
- If the NCAA is correct, Donnie Tyndall is in big, big trouble 2
- Former Memphis forward Austin Nichols transferring to Virginia 3
- Nik Stauskas trolls Ohio State fans, claims Thad Matta didn’t know who he was (PHOTO) (6)
- Bruce Pearl on his time at Tennessee: ‘I ran a clean program’ (3)
- Another Division I coach loses their job in the wake of the Donnie Tyndall scandal (3)
- Ron Baker was the best college player for Team USA at Pan-Am Games (2)
- If the NCAA is correct, Donnie Tyndall is in big, big trouble (2)