cyptomcat
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NCAA loses O'Bannon Case
- Thread starter cyptomcat
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Wow... College football just significantly changed again...
cyptomcat
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It seems like judge still allowed NCAA to set some limits. The ruling is 99 pages so not sure.
Also, there will probably be appeals etc.
zhavenor
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Your probably right but in reading this combined with the power 5 conferences autonomy ruling in which "Other new rules the biggest conferences could enact include... letting players pursue outside paid career opportunities..." depending on how some conferences choose to define that I am still a little concerned.
GTFLETCH
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Judge rules against NCAA, but...
"Wilken's ruling said the NCAA will be able to cap the amount of new compensation that FBS football and Division I men's basketball players can receive while they are in school, but that cap will not be allowed to be an amount that is less than the athletes' cost of attending school. (It is widely acknowledged that the NCAA's current version of a scholarship — which basically comprises tuition, room, board, books and manadatory fees — does not cover costs of attendance like transportation and various incidental expenses.)"
So does all this do is make it so that the players truly have to be given a free ride? That's nice, but doesn't really seem like a fundamental change.
Also, I found this very ironic, given that this is supposed to be a victory for student athletes:
"Allowing student-athletes to endorse commercial products would undermine the efforts of both the NCAA and its member schools to protect against the 'commercial exploitation' of student-athletes," she wrote."
The student athletes are so lucky to be protected from being exploited by companies looking to pay them money for doing what they're already doing. I really don't see how she could write that with a straight face...
Also note that the judge capped that per-year trust fund money at $5,000. Combine that with Thursday's ruling on autonomy, and various players will be able to be compensated up to $40,000 by the time they leave school. (Cost of attendance, approximate $5,000 max x 4 + NIL trust, $5,000 max x 4 = $40,000.)
"Wilken's ruling said the NCAA will be able to cap the amount of new compensation that FBS football and Division I men's basketball players can receive while they are in school, but that cap will not be allowed to be an amount that is less than the athletes' cost of attending school. (It is widely acknowledged that the NCAA's current version of a scholarship — which basically comprises tuition, room, board, books and manadatory fees — does not cover costs of attendance like transportation and various incidental expenses.)"
So does all this do is make it so that the players truly have to be given a free ride? That's nice, but doesn't really seem like a fundamental change.
Also, I found this very ironic, given that this is supposed to be a victory for student athletes:
"Allowing student-athletes to endorse commercial products would undermine the efforts of both the NCAA and its member schools to protect against the 'commercial exploitation' of student-athletes," she wrote."
The student athletes are so lucky to be protected from being exploited by companies looking to pay them money for doing what they're already doing. I really don't see how she could write that with a straight face...
Also note that the judge capped that per-year trust fund money at $5,000. Combine that with Thursday's ruling on autonomy, and various players will be able to be compensated up to $40,000 by the time they leave school. (Cost of attendance, approximate $5,000 max x 4 + NIL trust, $5,000 max x 4 = $40,000.)
cyptomcat
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Way to plagiarize these exact words from andrew on stingtalk. I think you should credit someone else if you are copying their post word by word.
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... and "so it begins"*...
* Theoden - Lord of the Rings, written by J R R Tolkien
* Theoden - Lord of the Rings, written by J R R Tolkien
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GTFLETCH
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I also copied and pasted the following from a CBS sports article:
Also note that the judge capped that per-year trust fund money at $5,000. Combine that with Thursday's ruling on autonomy, and various players will be able to be compensated up to $40,000 by the time they leave school. (Cost of attendance, approximate $5,000 max x 4 + NIL trust, $5,000 max x 4 = $40,000.)
I am not publishing a book, s i do not care about plagiarizing....I just thought stingtalked had a good point... wanted to share on this thread.... You can sue me if youu like, but so you do not get your panties in a bunch I will think about stating what board I am reposting from... However I do not know an Andrew. ... Also I would advise you to not take these threads or life too seriously. You will never get out of it alive - Elbert Hubbard!!!!!!!!!!!!!!!GO JACKETS!!!!!!!!!!
GTFLETCH
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Found this on another thread:
I'm no lawyer so more than willing to be educated by someone who is, but just reading the summary of this decision, the judge seems to be ruling for the O'Bannon plaintiffs symbolically and in principle, but her bottom-line caveats about $5,000 annual caps and putting the money into escrow until after they graduate, and the NCAA's "compelling interest" in protecting the "student-athlete" concept seems to take away with the left hand what was seemingly given by the right.
For really big-time athletes, like a Johnny Manzel, it seems that they would get a paltry $20,000 at most, when their licensing value is probably far greater than that.
And, she also seems to imply that Title IX is no barrier to companies paying football and basketball players more for their likenesses than women's sport players.
If i was the NCAA, I'd think long and hard about appealing this, as the amount of money the judge seems to be saying that the amount of money the NCAA must allow players to be able receive for their likenesses is not very significant and certainly doesn't change the fundamental structure of big-time athletics.
I'm no lawyer so more than willing to be educated by someone who is, but just reading the summary of this decision, the judge seems to be ruling for the O'Bannon plaintiffs symbolically and in principle, but her bottom-line caveats about $5,000 annual caps and putting the money into escrow until after they graduate, and the NCAA's "compelling interest" in protecting the "student-athlete" concept seems to take away with the left hand what was seemingly given by the right.
For really big-time athletes, like a Johnny Manzel, it seems that they would get a paltry $20,000 at most, when their licensing value is probably far greater than that.
And, she also seems to imply that Title IX is no barrier to companies paying football and basketball players more for their likenesses than women's sport players.
If i was the NCAA, I'd think long and hard about appealing this, as the amount of money the judge seems to be saying that the amount of money the NCAA must allow players to be able receive for their likenesses is not very significant and certainly doesn't change the fundamental structure of big-time athletics.
cyptomcat
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Yup, this is the way to do it.
I think we will see more cases against the NCAA or cap, this is just the start. It is a start of direct payments to the athlete to share revenue (in this case from image rights etc.)
cyptomcat
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I believe 'up to 40k' part is incorrect. The cap is 5k per year minimum, in other words NCAA can set a larger cap than 5k. We will see what happens, still early.
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CNN story ... it's going to take a while to figure out the impact. This won't affect kids who enroll before July 2016. http://www.cnn.com/2014/08/08/sport/ncaa-student-athletes/index.html?hpt=hp_t4
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The problem is that the NCAA D1 football "sport" has become an "entertainment business". So the student athlete is an anachronism. For minor sports like lacrosse or cycling, the student athlete concept is alive and well ..... just not where there is a lot of money being made on the "sport".
I watched a great movie last night "The Battering Bastards of Baseball" which was the story of the 73-77 independent Portland Mavericks baseball team. Basically, they were a better entertainment value to MLB, but they got closed down by MLB due to the monopoly which has been given to MLB. Now, MLB and NFL is more money ball where the "entertainment business" aspect eclipses that of sport.
So I think this ruling is one of many which will change the business aspect of the game, and along with it the relative advantages different schools have.
Fletch, is that a light bulb in your avatar?
I watched a great movie last night "The Battering Bastards of Baseball" which was the story of the 73-77 independent Portland Mavericks baseball team. Basically, they were a better entertainment value to MLB, but they got closed down by MLB due to the monopoly which has been given to MLB. Now, MLB and NFL is more money ball where the "entertainment business" aspect eclipses that of sport.
So I think this ruling is one of many which will change the business aspect of the game, and along with it the relative advantages different schools have.
Fletch, is that a light bulb in your avatar?