Conference Realignment

RonJohn

Helluva Engineer
Messages
4,522
The ACC doesn't just have full authority to do whatever they want with the members rights. All material media rights agreements and updates have to be approved by the members themselves. The original contract was approved by the members and presumably updates were approved as well. Well except the ESPN option extension which Jim Philips has deemed non material for some reason. Saying now that the members are not a party to the contract which they had to approve, and which they get benefits from is a stretch.
I understand your point, however you are totally bought into the way FSU and the Florida AG characterize the situation. Does an organization simply having a member who is a public entity force that organization to be open book? If a drug company invites the Surgeon General to observe their production of an experimental drug, does that force them to open up the formula for the drug to the public? There is a line somewhere, but if that line is stretched so far that having a public entity as a member forces all of your internal records to be public, then public entities will have a hard time joining or maintaining memberships in organizations. GTRI is a public entity. They do a lot of research for the military, which is also a public entity. Will a FOIA request get access to all of the details of the research that is being conducted?

The Florida AG says that FSU would have to pay half a billion dollars to withdraw from the ACC. That simply is not true. They would have to pay somewhere around $130 million to withdraw. If they want to purchase the broadcast rights back, that is a separate thing. FSU signed the copyrights to their broadcasts over to the ACC. It is simply a commercial transaction to get those rights back. They could try to negotiate the rights back while still being a member of the ACC, or after leaving the ACC. There is no set value of $370 million that those rights must be sold for. The ACC could decide to give them back at no charge, or they could decide not to sell them at any price. The ACC owns the rights, period. Just like an antique car, the owner can negotiate a sales price, or decide they would rather keep the property and not sell. FSU's lawyers and the Florida are doing what lawyers are paid to do. They are advocating. Watch some YouTube court videos. You will see defense lawyers arguing for bail discussing lifelong ties to the community, public service performed by the defendant, etc. If all you hear is the defense attorney, you would believe that the defendant obviously should be released on his on recognizance pending trial. However, if you hear that he was caught on bodycam by police officers in bad situations with minors in the back of his place of business, none of the strong arguments that the defense attorney made will matter. Good lawyers are very good at phrasing things, and including only points that support their client's interest. If you read the phrasing from FSU, or the Florida AG, or even the ACC and simply believe what they say then you will have the wool easily pulled over your eyes.
 

LT 1967

Jolly Good Fellow
Messages
215
I count 12 states:

Florida
Georgia
South Carolina
North Carolina
Virginia
Kentucky
Pennyslvania
New York
Massachusetts
Indiana
California
Texas

In my analysis, I was using current membership until July1 (CAL and SMU) and Aug. 2 (Stanford). when the new members officially join. Currently, there are 10 states as your list shows, nine Other than Florida.

I am just puzzled as to why the Florida AG would only alert six of the nine other AGs rather than all AGs in the nine other states. Makes me think there is some reason 3 were left out. Since the new members cannot vote, I understand that they would not be included.
 
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LT 1967

Jolly Good Fellow
Messages
215
Six, other than Florida, with public universities (prior to the expansion.)

I am sure you have answered my suspicion that something behind the scenes was going on. I assumed that the Florida AG would send every state AG in the ACC an alert even if the State had only a private school like BC or Syracuse, perhaps as a courtesy even though the State AG might not involve themselves directly with a Private School. Some further investigation confirms that is not likely.
 

roadkill

Helluva Engineer
Messages
1,105
This is one of the best videos I have watched so far that explains what is going on.


A good listen (to an actual lawyer), and confirms what a lot of us have been saying - that the ACC has a strong case. He does hedge things with the caveat that there is always a chance of "judicial activism", that is, a judge who ignores the law and precedent.
Just as interesting is his reference to David McKenzie, who he states is not just a lawyer but one who specializes in IP law. David McKenzies's twitter has several takes on the situation. This one points out that the Statute of limitations has passed for FSU to challenge the GOR. He's saying that alone should cripple FSU's case.
 
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