There is no attempt to swim here. The option for FSU in that case is stay in the ACC or shut down your athletic department. That isn't really a choice. That also makes the GOR a document not just for media rights but for holding all members hostage. No one can leave. The exit fees are pointless because teams cant leave anyways due to not being able to generate revenue. I don't think that would ever hold up legally.
I have no extreme dislike of FSU. I am not sure what is clouding your interpretation of things. Lawyers frequently describe things with a heavy slant towards their client. I don't know that the lawyers involved in the lawsuit have actually seen the ESPN contract. They might be relying simply on what someone from FSU told them. They didn't provide any actual evidence of that so that people can determine for themselves if FSU's characterization is accurate or not. FSU also states that the "exit fee" is $572 million, which is not factual. They were able to combine some things that are not actual "exit fee" and make the claim that the "exit fee" is that number. It is not a "lie", it is a mischaracterization. They can make that claim, which they have. It just doesn't hold up to scrutiny. It is entirely possible that the same is true about the "ESPN option". It might impact the ESPN contract in some way, but not totally wipe it out. You can make such a claim and argue the point, even if it turns out to not be true. If both sides in every lawsuit agree to the facts, the characterizations, and the law, there would never be a lawsuit.
... I'm pretty sure they can leave if they choose to do so. They just have to pay the buy out, and give up media rights. The question is would another conference take them in without having their media rights?
Except the FSU BOT said that this was the impact of the GOR when they willingly signed it.
Of course, unofficiallyAll I know is that if FSU loses this and I was in charge of the ACC scheduling going forward, what I would do to FSU’s football schedule would make what the ACC did to GT during the CPJ days look like a walk in the park. It would go something like: Saturday night game, Thursday night game, Saturday noon game, Saturday noon game, Saturday night game, Thursday night game. And of course, every ACC opponent would have a bye week the week before while FSU would only get byes before their OOC opponent.
That is basically the point. No conference would take them. They can't go independent because they would generate no media revenue at all. There is no actual way to leave the ACC and continue existing.
Can you give some examples from your career as a lawyer. I would love to hear them. Also, why in your opinion did the Big 12 agree to allow Texas and Oklahoma to buy out the rest of their rights? Why did FSU even bother putting an estimate for media rights in their complaint?
They are not required to shut down their athletic department. There are plenty of athletic departments across the country that don't have any significant media rights deal, if a deal at all. FSU can solicit donations, they can ask for payment like so many other teams do, they can have fundraisers. they can raise ticket prices, sell more merch, take out a loan, etc. Media rights is not the only source of money. I would be willing to bet FSU can get more money just in alumni donations than most G5 schools get total including whatever media rights deals they have, so this claim that they would have to shut down the athletic department holds zero water.
You’re right about that… FSU is not confident enough in their position to attempt to “swim.”
Sell tickets for what games? If they can't join another conference then putting a schedule together is going to be difficult. Raising ticket prices and playing Ball St in a non televised game isn't really a solution. Good luck getting donations in the same type of environment. They simply wouldn't be able to do business anymore.
So you can't give examples nor can you answer the other questions?
Looks like
Viewpoints: Courts Should Stake a Seminole Spear in FSU - Chapelboro.com
This article explores the intricate legal battles between Florida State University (FSU) and the Atlantic Coast Conference (ACC), shedding light on FSU’s considerable challenges and the ACC’s robust legal standing in the lawsuits.chapelboro.com
You are aware there are teams that are not members of any conference right? And somehow, some way, they manage to put together a schedule year after year... heck, FSU has been independent before and was for a long time, so they should have a little past knowledge of how to figure out scheduling without a conference's help.
The big difference in the B12/Texas and Oklahoma is the TV deal had only two years left and the schools bought out the rights for the last year. For a very large fee.
There is nothing in the FSU legal complaint that insinuates the upcoming ESPN option is for continuation of the ACC network. They are pretty clearly saying is is for ACC media rights in total.