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<blockquote data-quote="cpf2001" data-source="post: 1000181" data-attributes="member: 6459"><p>Rights are transferred all the time for non-tangible media "property". Taylor Swift's re-recording of all her old albums is a pretty solid contemporary example of how hard it can be to win a "I think the conditions you're putting on selling me back my rights are too onerous" dispute. She had to just go around them instead. And that's for a deal she signed as a minor. Streaming services recently deciding to completely pull shows and movies from their platform rather than pay the contractual royalties is another example of unintended consequences of such a deal that backfired for the creators.</p><p></p><p>It's not clear where a "fiduciary responsibility" argument for FSU would come from, there doesn't appear to be such a condition in the contract. Claiming lack of consideration would get a lot easier if ESPN opts out, as rumored is possible. Claiming fraud is another possibility for voiding the contract, it will be very interesting to see if there's anything damning about material misrepresentation for the whole Raycom rumors. There's possibly also a claim of "we were led to believe it would be a matter of $, not an impossibility" that's potentially supported by the quote from the time that's been posted here about "nobody could afford to leave" instead of <em>it would be impossible to leave</em>. But they'd also probably need to have much more damning evidence about that if the language of the contract provides no such provision. And they'd want to fire and go after their own lawyers in that case too.</p></blockquote><p></p>
[QUOTE="cpf2001, post: 1000181, member: 6459"] Rights are transferred all the time for non-tangible media "property". Taylor Swift's re-recording of all her old albums is a pretty solid contemporary example of how hard it can be to win a "I think the conditions you're putting on selling me back my rights are too onerous" dispute. She had to just go around them instead. And that's for a deal she signed as a minor. Streaming services recently deciding to completely pull shows and movies from their platform rather than pay the contractual royalties is another example of unintended consequences of such a deal that backfired for the creators. It's not clear where a "fiduciary responsibility" argument for FSU would come from, there doesn't appear to be such a condition in the contract. Claiming lack of consideration would get a lot easier if ESPN opts out, as rumored is possible. Claiming fraud is another possibility for voiding the contract, it will be very interesting to see if there's anything damning about material misrepresentation for the whole Raycom rumors. There's possibly also a claim of "we were led to believe it would be a matter of $, not an impossibility" that's potentially supported by the quote from the time that's been posted here about "nobody could afford to leave" instead of [I]it would be impossible to leave[/I]. But they'd also probably need to have much more damning evidence about that if the language of the contract provides no such provision. And they'd want to fire and go after their own lawyers in that case too. [/QUOTE]
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