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O'Bannon Case

jalopy

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Judge allows O'Bannon case against NCAA to go to trial - CBSSports.com

With the sports world focused on US-Canada game (congrats Canada) and the constant stream of NFL news, probably the most important story of the day is likely to get overlooked. It appears the O'Bannon lawsuit vs the NCAA is going to trial and is set to begin June 9th. The outcome of the trial will do no less than determine the future of college athletics. It could be a bumpy ride.
 

jalopy

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Once the case goes to trial, the focus is going to be on whether the NCAA's restraint on college athletes that does not allow them to profit on their likeness, name and image is lawful. The NCAA will be burdened to prove their contention that the restraint is legal.
 

OregonDucks

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if this has any bearing on NCAA college football game, I am interested. But if it doesn't and that franchise is forever dead, im pissed.
 

starbigd

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if this has any bearing on NCAA college football game, I am interested. But if it doesn't and that franchise is forever dead, im pissed.

That franchise is already dead. Conferences basically pulled their support for the game, meaning they can't use say any Big10 team mascots in the game.
 

jalopy

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That franchise is already dead. Conferences basically pulled their support for the game, meaning they can't use say any Big10 team mascots in the game.
At stake here is something bigger than a video game. The entire structure of Division 1 college football is at stake. Conferences' opinions vary drastically on the idea of paying players. Some, like the B1G &PAC12, absolutely refuse to do it and have threatened to leave the NCAA if they are forced to. Others, like the Big12 and SEC, are more open to do it. The decision on this case will have serious ramifications regarding Title IX that bascially says that women athletes have to be treated equally to men.
All of this will likely lead to some sort of re-alignment of the top conferences either outside of the NCAA or within the NCAA but as a separate entity.
Most experts feel the lawsuit has a very good chance of succeeding.
 

badinflu

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I think the NCAA will offer a settlement soon.
 

badinflu

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This Judge is funny:

(Judge) Wilken primarily directed her questions at NCAA attorney Glenn Pomerantz.

For instance, the NCAA has argued in filings that First Amendment protections regarding the broadcast of newsworthy events -- i.e. a college football game -- preclude schools from having to seek permission from athletes for their appearance in game broadcasts. Wilken questioned why the NCAA can then sell exclusive game rights to a network like CBS while at the same time arguing the events are of public domain.

Wilken also expressed skepticism regarding three of the NCAA's five pro-competitive justifications for why its no-pay rule does not violate antitrust laws. Most notably, she expressed a "problem" with the notion that sharing revenue with the athletes would negatively impact competitive balance within college sports. "Maybe there's a less restrictive alternative?" she wondered. "Maybe you could enforce more competitive balance by having coaches' salaries addressed."
 

jalopy

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Yeah, I'm not sure if Wilken is going to reside over the trial but I'm sure the NCAA is not looking forward to that.
I'm not sure the NCAA can offer a settlement. It's members are in such disagreement about how to proceed, I can't see the NCAA coming up with a legitimate offer. Everything points to the O'Bannon suit going all the way. Don't think for a second that the timing of Northwestern union thing wasn't planned. I don't think anyone knows what college athletics is going to look like when this is all resolved.
 

starbigd

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I think the NCAA as a ruling body will be disbanded, and something else formed by the major conference commish's........I could see that happening. The NCAA and their ridiculous rules and regulations, with no accountability or transparency, as well as inconsistent punishments........its bound to end sooner or later.
 

jalopy

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I think the NCAA as a ruling body will be disbanded, and something else formed by the major conference commish's........I could see that happening. The NCAA and their ridiculous rules and regulations, with no accountability or transparency, as well as inconsistent punishments........its bound to end sooner or later.
Yeah, I agree with that for the most part. It will be interesting to see how the dust settles. The B1G and PAC12 are dead set against paying student-athletes even in the form of a stipend. The other major conferences, especially the SEC and BIG12 seem to be ok with it. In the end, we will probably see some form of super conference league but there are so many obstacles it makes my head spin.
 
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