Airing of Grievances: NIL/Portal

[xubrew]

So the NCAA will just "wind down" as an entity, or the membership will just leave? i dont think they can avoid being sued in EITHER scenario. Thee full amount of money may not be there to cover the damages, but they will be sued regardless.

A proposal I've heard is that schools may be able to OPT to pay players and the amount will be capped. Im sure there will be far fewer Football teams if that gets enacted. Im sure some BBall teams will shutter as well. Football is a loser at a lot of schools already. Add incremental costs for the player salaries and it doesnt pencil out at all. Of course you could choose NOT to pay the players and assure yourself of a losing season until the end of time.

the big programs will pay everyone the maximum amount allowed. Some of the wanna be programs will pay some amounts to some players. The ones that dont pay will die off.

I'm pretty sure something like that would need to be collectively bargained. I mean, that doesn't mean the NCAA wouldn't initially do it anyway. The've been in violation of ant-trust laws for a century, so of course they'd do something that continues to be in violation of it, but if that's not collectively bargained and the players aren't represented, then the first time that gets taken to court they'd lose that too. At one point in time (I think in the early 1990s) the NCAA tried to put a salary cap in place for coaches, and lost.

[UCGRAD4X]

So, right now the money the players are getting is not from the schools. Former players want money from the schools because they were not allowed to get money from an outside source. The result of this all is that the schools will be expected to come up with boatloads of money.

Where will the money come from?

(Hint: where does the government come up with money when they are forced to PAY out?)

[xubrew]

So, right now the money the players are getting is not from the schools. Former players want money from the schools because they were not allowed to get money from an outside source. The result of this all is that the schools will be expected to come up with boatloads of money.

Where will the money come from?

(Hint: where does the government come up with money when they are forced to PAY out?)

Pretty much. The better way of phrasing it is that the NCAA rules that prevented them from making money off their own NIL's were in violation of anti-trust laws. They were injured financially because of the NCAA's rules, and as a result of that injury they are collectively entitled to $4 billion from those who injured them.

EDIT: $4 billion bucks sounds a little over the top to me, but the NCAA's own lawyers believe that while it might not be that much, it will be a lot and it COULD be that much. Everyone seems to agree that the NCAA cannot win this case if it goes to trial, and if the end result of this is that they owe $4 billion, the NCAA won't be here anymore. It will collapse, or go bankrupt, or whatever it is that happens when an organization has to fold.

[waggy]

They could have just went and got a job. Collegiate sports are elective. All things are elective.

[xubrew]

They could have just went and got a job. Collegiate sports are elective. All things are elective.

Yeah, in case you haven't noticed that hasn't been working out so well as a legitimate legal defense for the NCAA over the last few years.

[MHettel]

I dont understand why the scholarship agreement is not a binding contract.

"You get to play the sport. And you get a free education (with obvious monetary value). And you have to follow our rules, one of which is that you cant receive money from outside sources".

Nobody put a gun to their head. Why didnt they just walk away from this agreement and just take the money instead? Well, maybe because the platform provided by the NCAA was a necessary part in having a 3rd party that was interested in giving you the money.

You cant get NIL unless you are playing. So the terms of the agreement are the terms of the agreement. Take it or leave it.

[xubrew]

I dont understand why the scholarship agreement is not a binding contract.

"You get to play the sport. And you get a free education (with obvious monetary value). And you have to follow our rules, one of which is that you cant receive money from outside sources".

Nobody put a gun to their head. Why didnt they just walk away from this agreement and just take the money instead? Well, maybe because the platform provided by the NCAA was a necessary part in having a 3rd party that was interested in giving you the money.

You cant get NIL unless you are playing. So the terms of the agreement are the terms of the agreement. Take it or leave it.

The bold part is the issue. Every school agreeing to have this as a rule is a rather blatant violation of anti-trust laws. It is the legal definition of price fixing. If a school were to decide on it's own that this is what they want to offer, then that's fine. If a school would like to offer something other than this but the rules prohibit them from doing so, then that's not fine. That's illegal. That's why the NCAA has been getting pile-driven by the courts for the past several years.

Would the players have gotten more had it not been for these rules?? If the answer is yes, which it clearly is, then the rules violate anti-trust laws.

[waggy]

Yeah, in case you haven't noticed that hasn't been working out so well as a legitimate legal defense for the NCAA over the last few years.

That’s because our society is addicted to righting some imagined wrong and just bullshit in general. There’s not much room for logic and reason.

[Xville]

That’s because our society is addicted to righting some imagined wrong and just bullshit in general. There’s not much room for logic and reason.

Are you trying to argue that anything the NCAA has done over the last however many years is both logical and reasonable? Because that would be an interesting argument to say the least.

[UCGRAD4X]

Pretty much. The better way of phrasing it is that the NCAA rules that prevented them from making money off their own NIL's were in violation of anti-trust laws. They were injured financially because of the NCAA's rules, and as a result of that injury they are collectively entitled to $4 billion from those who injured them.

EDIT: $4 billion bucks sounds a little over the top to me, but the NCAA's own lawyers believe that while it might not be that much, it will be a lot and it COULD be that much. Everyone seems to agree that the NCAA cannot win this case if it goes to trial, and if the end result of this is that they owe $4 billion, the NCAA won't be here anymore. It will collapse, or go bankrupt, or whatever it is that happens when an organization has to fold.

Sorry. Not my point. Most of it was rhetorical.

The NCAA has no money - like the gov't has no money. As of now the NIL is from sources outside of the University. Anything additional expenses incurred on the school beyond that will be paid by fans/students in the form of some higher cost of participation or reduced product and therefore worth of the product. I would not count on the benefactors to contribute a whole lot more than they are now, especially at a school like X.