<?xml version="1.0" encoding="UTF-8" standalone="yes"?><oembed><version><![CDATA[1.0]]></version><provider_name><![CDATA[Get The Picture]]></provider_name><provider_url><![CDATA[https://blutarsky.wordpress.com]]></provider_url><author_name><![CDATA[Senator Blutarsky]]></author_name><author_url><![CDATA[https://blutarsky.wordpress.com/author/blutarsky/]]></author_url><title><![CDATA[The NCAA gets jiggy in the O&#8217;Bannon&nbsp;suit.]]></title><type><![CDATA[link]]></type><html><![CDATA[<p>The NCAA warns the judge in the O&#8217;Bannon case that if the players prevail, <a href="http://www.usatoday.com/story/sports/college/2013/03/15/ncaa-lawsuit-filing-ed-obannon-case/1989925/" target="_blank">a bunch of schools will just take their balls and go home</a>.</p>
<blockquote><p>Lawyers for the NCAA wrote in a federal-court filing Thursday that if the association&#8217;s current amateurism rules were lifted, as proposed in a lawsuit pertaining to the use of college athletes&#8217; names, likeness and images, some schools might exit Division I or Bowl Subdivision football because of the financial and legal burden that would result from needing to share revenue with football and men&#8217;s basketball players.</p>
<p>The assertion was backed by written statements from a group of conference and university executives, including the University of Texas&#8217; top athletics officials, the chancellor of the California State University system and the presidents of Utah State and Wake Forest.</p></blockquote>
<p>Texas&#8217; argument boils down to this:  Texas makes money.  Texas doesn&#8217;t want to share what it makes.</p>
<blockquote><p>Texas &#8220;has no interest in a model that would force us to professionalize two sports to the detriment of the balance of the athletics department&#8217;s sports, fitness and educational programs,&#8221; says a statement from Texas athletics director DeLoss Dodds and Texas women&#8217;s athletics director Christine Plonsky. Dodd and Plonsky oversee a program that generated a college-sports record $163.3 million in 2011-12, according to its recent financial report to the NCAA report.</p></blockquote>
<p>Let&#8217;s face it &#8211; that&#8217;s how the rich stay rich.  And if the &#8216;Horns have no interest, why should we expect that any school should?  Summary judgment, and be quick about it, my good jurist!</p>
<p>If that&#8217;s not clear enough, Wake Forest wants to make sure when the NCAA says prevail, it means prevail on any part, even if that results in twisting a few definitions along the way.</p>
<blockquote><p>Hatch&#8217;s statement in Thursday&#8217;s filing said: &#8220;Instituting a pay-for-play model, even if the payments are deferred to after graduation would change the nature of the relationship Wake Forest has with its football and men&#8217;s basketball student-athletes. It would, essentially, turn those teams into professional squads. That would not be acceptable to Wake Forest.&#8221;</p></blockquote>
<p>Now remember, first of all, the type of compensation the plaintiffs seek:</p>
<blockquote><p>In seeking certification of their suit as a class action, the plaintiffs&#8217; lawyers said that while they are seeking monetary damages on behalf of former athletes, they &#8220;do not seek compensation to be paid to current student-athletes while they maintain their eligibility&#8221; but rather &#8220;a less restrictive, namely that monies generated by the licensing and sale of class members&#8217; names, images and likenesses can be temporarily held in trust&#8221; until their end of their college playing careers.</p></blockquote>
<p>Calling that &#8220;pay-for-play&#8221; is a stretch.  What is being sought is that moneys being generated from use of players&#8217; likenesses be shared between schools and athletes.  And we&#8217;ve really gone down the rabbit hole if players who are not being paid (because such payments are deferred until they&#8217;ve left college) are to be labeled professional, while student-athletes who were fortunate enough to be paid for their professional participation in sports other than the ones in which they&#8217;re engaged at college aren&#8217;t.  I think I&#8217;ll need a new dictionary.</p>
<p>And that doesn&#8217;t even begin to take into account that some of the revenues in question aren&#8217;t generated <em>until the student-athletes have left college</em>.</p>
<p>But here&#8217;s the best part of all from the NCAA&#8217;s legal eagles:</p>
<blockquote><p>&#8220;The likelihood that at least some schools would simply stop providing athletics-based aid &#8230; either by eliminating their football or men&#8217;s basketball team, or by adopting a Division III model prohibiting all athletics-based aid means some portion of the class is better off in the real world &#8230; and therefore suffered no antitrust impact from Division I&#8217;s allegedly illegal rules.&#8221;</p></blockquote>
<p>Get that?  In other words, players, you&#8217;ll lose by winning, because your schools will simply choose to walk away.  So it really doesn&#8217;t matter if there&#8217;s an antitrust violation now.</p>
<p>I guess this is how you define doubling down.  The question going forward will be whether the NCAA&#8217;s shrillness resonates with the judge.  If it doesn&#8217;t, and things go badly enough at trial, my bet is that eventually the NCAA goes fishing for an antitrust exemption.</p>
]]></html></oembed>