Airing of Grievances: NIL/Portal

[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.

[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]

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.

I guess you have ncaa derangement syndrome too. Whatever.

I’m not very knowledgeable about how the ncaa dispersed its revenue, but I’ve been of the impression that it largely went back to the conferences which in turn supported students on the whole.

If an athlete is marketable, ie nil, then go get your money. Problem is very few really are. And even fewer are separate from a school affiliation.

[Xville]

I guess you have ncaa derangement syndrome too. Whatever.

I’m not very knowledgeable about how the ncaa dispersed its revenue, but I’ve been of the impression that it largely went back to the conferences which in turn supported students on the whole.

If an athlete is marketable, ie nil, then go get your money. Problem is very few really are. And even fewer are separate from a school affiliation.

Interesting perspective, and pretty much the attitude that the NCAA had that caused all this mess. All they had to do was take the ridiculous amount of money they/conferences/schools make, and give some to the players that were making them all said money. They also could have changed some of their really stupid rules like not being able to work, not being able to accept meals and some travel etc. Some common sense would have gone a long way.

Anyone with a brain knew where this was going, the legal system is set up in a way that the NCAA was never going to win if they were challenged. I'm just surprised it took this long.

[xubrew]

I guess you have ncaa derangement syndrome too. Whatever.

I’m not very knowledgeable about how the ncaa dispersed its revenue, but I’ve been of the impression that it largely went back to the conferences which in turn supported students on the whole.

If an athlete is marketable, ie nil, then go get your money. Problem is very few really are. And even fewer are separate from a school affiliation.

That's basically correct. There is a ton of money in college sports, but the NCAA itself, as in the league office, makes a very small percentage of it. They have one cash cow, and most of that money goes back to the schools and conferences. The rest is spent on championships for all the other sports in all 3 of the divisions.

The legal issue the NCAA is facing are the courts are saying it's their rules that are injuring the plaintiffs, so therefore they are responsible for the financial damages.

Many at the NCAA have said what's been said here. Players don't have to play if they don't want to. That hasn't worked. They've also said that it's the schools who actually make the rules and get the money while the NCAA just acts as a commissioner of sorts, and they're right. But, the courts' response to this seems to be "Well...tough shit. Take it up with the schools, then! It's YOU that's on the hook."

I've been sort of following this rather closely, but I'm not a lawyer. I understand this on an elementary level and not an expert level. But, something I do understand is that the NCAA's lawyers probably understand this on an expert level, and they have advised the NCAA that they cannot win the House Case. If they are forced to pay $4 billion, I don't know exactly what that means or how that plays out, but I'm thinking that if that happens then there's a very good chance the NCAA will exist anymore.

[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.

[paulxu]

If an athlete enters the portal, and goes to seek NIL$ from a bunch of schools, is he allowed to/does he often have, an agent who gets a cut?

[94GRAD]

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.

Maybe I'm mixing this up with something I read, but isn't the NCAA a not-for-profit organization as opposed to a non-profit org? Doesn't the NCAA have money in reserves and/or investments? Like I said, I might be mixing this up with something else.

[MHettel]

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.

When I was referring to "our rules" I meant the NCAA rules. So not each school banding together to have the same rules (price fixing), but rather the rules of the governing body.

[MHettel]

Interesting perspective, and pretty much the attitude that the NCAA had that caused all this mess. All they had to do was take the ridiculous amount of money they/conferences/schools make, and give some to the players that were making them all said money.

Do you have kids in college yet? Let me know when that first tuition bill hits. Room, Board, Books, Food.

Its basically the price of a very nice brand new BMW. EVERY YEAR.