The latest in the Ed O’Bannon case, and why the NCAA’s headed for change

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Back in 2009, Ed O’Bannon filed a lawsuit against the NCAA that has, in the years since then, become the single-biggest assault on the way that the NCAA does business.

If you haven’t been paying attention to the case, the basics are as follows: O’Bannon won a title and a few player of the year awards with UCLA back in the mid-90s, but when he saw his likeness in an EA Sports video game in 2009, he realized that everyone was still profiting off of him and his athletic accomplishments in college except O’Bannon himself. So he filed a lawsuit, and since then it has grown into a case that could change the entire business model of college athletics.

Back in January, a judge ruled that current athletes could be added to the case and that the plaintiffs could go after everyone profiting off of college athletics — the schools, the conferences, the television networks. The latest twist, as Jonathan Mahler of Bloomberg explains, is the potential for the case to become a class-action lawsuit.

And that’s what could end up being the difference-maker for those pushing for change. From Mahler:

In their latest filing, O’Bannon’s lawyers argue that the case deserves class-action status. If their request is granted, the NCAA would be liable for claims brought not just by the plaintiffs but also by all former athletes. Anyone who has ever played a Division I college sport would instantly be suing for damages for every instance in which his or her image was used in a video game, highlight reel, broadcast or rebroadcast.

That could get pretty expensive for the NCAA. But if the case were just about a few billion dollars, the association would have settled by now. It hasn’t because O’Bannon and his lawyers are also asking for something else: They want all current and future college athletes to be able to make licensing deals of their own. It’s short yardage from there to the NCAA’s doomsday scenario: schools bidding for the services of student- athletes.

Anyone that has read anything that I’ve written over the years knows that I’m staunchly pro-athletes. I think they should be getting paid. I think they should see a cut of the money that they help produce. Whether that comes from the school’s athletic department, independent boosters or through the Olympic model — allowing each athlete to sign sponsorship deals and profit off of his likeness — is something that can and will be debated.

But something has to change.

Because it’s silly to watch players have their names tarnished because the NCAA is fighting tooth and nail against the most simple and powerful principles of economics. In his terrific takedown of the NCAA from Monday, Patrick Hruby explains how the NCAA’s principles of amateurism are what creates the black market where runners like Rodney Blackstock toss AAU coaches like Darius Cobb thousands of dollars simply for the chance to get access to players like Ben McLemore.

McLemore, has a potential No. 1 pick in the draft, not only has a ton of current value, but his market potential value is through the roof. Agents, financial planners and marketing reps know this. They’re willing to spend money to get close to him. There is a demand for what McLemore offers as an athlete, and something as brittle as the NCAA rulebook isn’t going to stop businessmen from ‘investing’ in building those potentially lucrative relationships.

According to a study done by a Stanford economist, a Michigan basketball player in 2008-2009 and 2009-2010 — when the Wolverines weren’t close to competing for national titles — would have made $250,000. A study by an economist from Cal. State-San Marcos said that Chris Webber was worth four times the $280,000 that he accepted from a booster.

NCAA rules aren’t going to stop money from changing hands when there is this much value being discussed.

The only thing it is going to do is keep it in the pockets of the third-parties — the agents, the AAU coaches, and, of course, the NCAA itself — and away from the players that are actually generating the revenue.

You can find Rob on twitter @RobDauster.

VIDEO: Jay-Z’s nephew posterizes nation’s No. 1 recruit Marvin Bagley III

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Nahziah Carter is an unsigned 6-foot-6 wing in the Class of 2017.

He’s also Jay-Z’s nephew, and he just so happened to posterize Marvin Bagley III — the clearcut No. 1 prospect in the Class of 2018 — while Hova was in the stands watching him.

NCAA denies extra-year request by NC State guard Henderson

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RALEIGH, N.C. (AP) — The NCAA has denied North Carolina State guard Terry Henderson’s request for another year of eligibility.

Henderson announced the decision Friday in a statement issued by the school.

The Raleigh native played two seasons at West Virginia before transferring to N.C. State and redshirting in 2014-15. He played for only 7 minutes of the following season before suffering a season-ending ankle injury.

As a redshirt senior in 2016-17, he was the team’s second-leading scorer at 13.8 points per game and made a team-best 78 3-pointers.

Henderson called it “an honor and privilege” to play in his hometown.

SMU gets transfer in Georgetown’s Akoy Agau

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SMU pulled in a frontcourt player in Georgetown transfer Akoy Agau, a source confirmed to NBCSports.com. Agau is immediately eligible for next season as a graduate transfer.

The 6-foot-8 Agau started his career at Louisville before transferring to Georgetown after one season. Spending two seasons with the Hoyas, Agau was limited to 11 minutes in his first season due to injuries. He averaged 4.5 points and 4.3 rebounds per game last season.

Coming out of high school, Agau was a four-star prospect but he’s never lived up to that billing in-part because of injuries. Now, Agau gets one more chance to make a difference as he’s hoping to help replace some departed pieces like Ben Moore and Semi Ojeleye.

South Carolina loses big man Sedee Keita to transfer

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South Carolina big man Sedee Keita will transfer from the program, he announced on Friday.

The 6-foot-9 Keita was once regarded as a top-100 national prospect in the Class of 2016, but he never found consistent minutes with the Gamecocks for last season’s Final Four team.

Keita appeared in 29 games and averaged 1.1 points and 2.0 rebounds per game while shooting 27 percent from the field.

A native of Philadelphia, Keita will have to sit out next season before getting three more seasons of eligibility.

Although Keita failed to make an impact during his only season at South Carolina, he’ll be a coveted transfer thanks to his size and upside.

Mississippi State losing two to transfer

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Mississippi State will lose two players to transfer as freshmen Mario Kegler and Eli Wright are leaving the program.

Both Kegler and Wright were four-star prospects coming out of high school as they were apart of a six-man recruiting class that is supposed to be a major foundation for Ben Howland’s future with the Bulldogs.

The 6-foot-7 Kegler was Mississippi State’s third-leading scorer last season as he averaged 9.7 points and 5.5 rebounds per game. Kegler should command some quality schools on the transfer market, especially since he’ll still have three more years of eligibility after sitting out next season due to NCAA transfer regulations. Kegler’s loss is also notable for Mississippi State because it is the second consecutive offseason that Howland lost a top-100, in-state product to transfer after only one season after Malik Newman left for Kansas.

Wright, a 6-foot-4 guard, was never able to find consistent minutes as he was already behind underclass perimeter options like Quinndary Weatherspoon, Lamar Peters and Tyson Carter last season. With Nick Weatherspoon, Quinndary’s four-star brother, also joining the Bulldogs next season, the writing was likely on the wall that Wright wasn’t going to earn significant playing time.