I think that no matter what, programs will abuse the system.
I think that what should be looked at is what is in the best interest of the student-athletes. For a long time, SAs were prevented from making money even if they had the ability to do it without needing their college athletics to provide it. Olivia Dunne was famous and had ability to make millions per year BEFORE she started college athletics at LSU. Why should she be forced to ignore the ability to make millions per year in order to compete in college athletics? There was a kicker on the football team at UCF that had a YouTube channel that was monetized. He was told originally that he could not have a monetized YouTube channel and play college football. Then the NCAA backtracked and told him he could keep the channel if he never said anything about football or about UCF. He left football, kept the YouTube channel, and the latest report I saw said that he is making more than $1 million per year from YouTube.
I understand and agree with the desire to keep NCAA athletics from becoming professional sports. However, for a long time the NCAA had pushed things so far that SAs were required to depend on the NCAA schools. Why should Olivia Dunne have to choose between an incredibly successful venture into IG marketing and a dream of competing in college athletics? The NCAA for a long time has explicitly ignored major programs paying high rated players who ended up making lots of money in professional leagues, while at the same time preventing players who had zero chance at making professional leagues from being entrepreneurial, like the UCF kicker. The NCAA and the member institutions knew this for a very long time and tried to sweep it under the rug. The NCAA and member institutions knew for several years that laws were going to require them to change, but did nothing until the laws actually took effect.
I don't like where things are now, but I also don't like how restrictive the NCAA was previously towards SAs doing their own thing. The NCAA could have not been so restrictive towards SAs' ability to earn money. The NCAA could have been more even handed in punishments towards programs that openly flouted the rules. Instead, the NCAA ignored the big guys (like Duke), while they hammered down and were extremely restrictive on average college kids who also played sports. If you want to be mad or blame someone, look no further than the NCAA and member institutions.