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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.

No. 5 Xavier stumbles at Creighton, lose 70-54

Creighton's Cole Huff (13) and Toby Hegner, left, guard Xavier's Jalen Reynolds (1) during the first half of an NCAA college basketball game in Omaha, Neb., Tuesday, Feb. 9, 2016. (AP Photo/Nati Harnik)
(AP Photo/Nati Harnik)
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Mo Watson went for a career-high 32 points, seven boards and five assists as Creighton jumped out to an early 21-4 lead and never looked back, beating No. 5 Xavier, 70-54, in Omaha on Tuesday night.

 

It was a massive win for the Bluejays, who still have an outside shot at earning an at-large bid this season. (We wrote all about that here.)

As well as Creighton played, the bigger story here may actually be Xavier, who lost for just the third time this season; they had been the only top ten team with just two losses to their name.

The issue for the Musketeers tonight was two-fold, but they both are a symptom of what could be an issue down the road for this team: Xavier doesn’t really have a true point guard.

They certainly didn’t have anyone to stop Watson. By the second half, they had essentially asked Reynolds, who was playing the middle of their 1-3-1 zone to matchup with Watson. It was weird but was actually somewhat effective.

The Musketeers also started out ice cold from the floor, missing 11 of their first 13 shots, and those misses led to leak outs from Bluejays, who got layups and open threes in transition to build that 17 point lead. Once Xavier got behind, it turned into scramble mode for Xavier. They forced shots early in the clock and didn’t start pounding the ball into the paint until it was too late. What they needed was someone to be able to settle things, to ensure that offensive would get initiated and sets would get executed when they were able to get the lead down to single digits.

That 1-for-19 shooting performance from beyond the arc certainly didn’t help matters, and neither did the fact that they got just nine field goals all game from players not named James Farr or Jalen Reynolds. The most frustrating part for head coach Chris Mack? They had good shots. It wasn’t like Creighton took away everything that Xavier wanted to do.

The kids just had one of those nights where nothing went down.

Those happen.

And when you combine them with a total inability to contain the opposing team’s point guard, what you get is a 16 point loss on the road against a team that was desperate to get a good win.

Gill’s 16, ‘D’ lead No. 7 Virginia past Virginia Tech, 67-49

Lehigh Virginia Basketball
AP Photo/Andrew Shurtleff
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CHARLOTTESVILLE, Va. (AP) Anthony Gill scored 16 points and No. 7 Virginia turned the tables on state rival Virginia Tech with a 67-49 victory Tuesday night, the Cavaliers’ seventh straight.

Isaiah Wilkins added a career-best 14 points and Malcolm Brogdon had 12 for the Cavaliers (20-4, 9-3 Atlantic Coast Conference). Virginia avenged a 70-68 loss to the Hokies in Blacksburg on Jan. 4 in what rates as their worst performance of the season, and extended their winning streak at John Paul Jones Arena to 17 games.

Freshman Justin Robinson scored 16 points and classmate Chris Clarke had 11 in his first action for the Hokies (13-12, 5-7) since breaking his right foot in late December. Virginia Tech’s top two scorers, Zach LeDay (16.0 ppg) and Seth Allen (14.5), were limited to seven and six points, respectively, in part because of foul trouble.

Virginia coach Tony Bennett said his team wasn’t ready to play when it lost to the Hokies earlier, but they have been surging of late and were focused from the outset. They were credited with assists and 14 of their first 15 baskets and forced 10 turnovers in the first half; they forced just eight in the last meeting of the teams.

For most of the game, the Hokies had more turnovers than field goals.

The Cavaliers led 32-20 at halftime and extended their advantage to 47-29 on a three-point play by Mike Tobey with 12:11 remaining. It capped an 11-4 run for Virginia, during which LeDay was whistled for his fourth foul. On Virginia’s next trip down court, it got the ball to Gill inside and LeDay basically backed off and let him score, quickly earning a spot on the bench.

The Cavaliers’ lead never dipped into single digits again.

The Hokies had just eight turnovers and outscored Virginia 26-6 off turnovers in their first meeting. This time, Virginia Tech had 10 turnovers by halftime and the Cavaliers had already turned them into 15 points. Virginia Tech finished with 16 field goals and 15 turnovers.

Already leading 9-6, Virginia got scoring from eight players in a 23-8 run that spanned about 8 1/2 minutes.

Gill started it with a dunk, Brogdon hit a 3-pointer, London Perrantes had a four-point play and Wilkins finished it with two free throws, giving the Cavaliers a 32-14 lead with 2:06 left in the half. They didn’t score again, and the Hokies closed within 32-20 by halftime.

TIP-INS

Virginia Tech: The Hokies shot 57.1 percent (15 of 26) from the field in the second half of their 70-68 victory against Virginia on Jan. 4. … Virginia Tech’s starting five totaled four points in the first half.

Virginia: The Cavaliers have held four consecutive opponents to 50 points or fewer.

UP NEXT

Virginia Tech plays at No. 12 Miami next Wednesday.

Virginia plays at Duke on Saturday.

Follow Hank on Twitter: http://www.twitter.com/hankkurzjr

The AP’s college basketball page: http://www.collegebasketball.ap.org