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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.

Seton Hall’s Derrick Gordon won’t pursue pro basketball to become a firefighter

NEW YORK, NY - MARCH 12:  Derrick Gordon #32 of the Seton Hall Pirates celebrates after hitting a basket against the Villanova Wildcats during the Big East Basketball Tournament Championship at Madison Square Garden on March 12, 2016 in New York City. Seton Hall Pirates defeated Villanova Wildcats 69-67.  (Photo by Mike Stobe/Getty Images)
(Photo by Mike Stobe/Getty Images)
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After a successful career that included stops at Western Kentucky, UMass and Seton Hall, Derrick Gordon, Division I college basketball’s first openly gay player, will not pursue professional opportunities and will instead become a firefighter.

The 6-foot-3 Gordon averaged 8.0 points and 3.3 rebounds per game as a senior for the Pirates, helping the team reach the NCAA tournament during his graduate transfer year. By making the NCAA tournament with Seton Hall this past season, Gordon became the first college basketball player to reach the event with three different teams.

A tenacious perimeter defender who could have earned a pro contract if he stuck with basketball, Gordon will instead pursue a career as a firefighter in San Francisco.

“I’ve had an amazing basketball career and want to thank everybody who has always been there supporting me every step on the way,” Gordon said via his Instagram. “But I’m making a change in my career…I will now be working towards becoming a San Francisco Firefighter!! I’m excited about this and looking forward to having a long career!!”

While Gordon likely would have never made the NBA on talent alone, his defensive prowess would have likely given him a shot overseas or in the D League. It’s hard to say why Gordon is making this decision, but given what we saw with all of the attention surrounding Michael Sam when he tried to play in the NFL, Gordon was probably going to face a lot of scrutiny wherever he decided to play.

Hopefully Gordon finds his calling as a firefighter and brings the same energy and leadership that he brought on the floor to helping other people outside of basketball.

Washington guard Markelle Fultz pulls off sick spin and dunk at FIBA U18 Americas

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Kelly Kline/Under Armour
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Washington incoming freshman guard Markelle Fultz is going to be one of the premier players in the country next season as his unique game is going to be fascinating to watch.

The 6-foot-5 Fultz is currently playing with the USA U18 team in Chile for the FIBA U18 Americas as he’s second on the team in scoring and first in assists as the Americans play Canada for the title on Saturday.

Against the host country, Fultz had an electric spin move in the paint and finished with an easy dunk. If you’re not willing to stay up late to watch this dude play this year, then set your DVRs, because Fultz is going to have some fun moments during the season.

(H/t: Jonathan Wasserman, Bleacher Report)

POSTERIZED: Class of 2016 forward Chris Seeley has a massive dunk on defender

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The Las Vegas AAU events are all going on this week and it’s the final event for rising seniors.

At the Las Vegas Fab 48, forward Chris Seeley of the Splash City 17U team put down one of the best poster dunks of the summer as he skied over a defender for an emphatic finish.

The Class of 2016 forward attends Central High School in Fresno, California as he’s receiving plenty of buzz for his recent play.

 

 

 

Five-star forward Jarred Vanderbilt cuts list to nine

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LAS VEGAS, NV — Five-star Class of 2017 forward Jarred Vanderbilt has been one of the most sought-after recruits in the country since he was a freshman in high school.

The 6-foot-8 native of Houston is beginning to wind things down in the recruiting process as he cut his list to nine schools on Friday. Vanderbilt’s list includes some of the most storied programs in college basketball and plenty of schools from his home state of Texas.

“I just followed my heart. Went with the schools I liked the most and who I have the best relationships with. Thear were the schools I could see myself playing for,” Vanderbilt told NBCSports.com.

Regarded as the No. 13 overall prospect in the Rivals.com national rankings, Vanderbilt is currently recovering from a broken fifth metatarsal in his left foot.

Vanderbilt will see a doctor in three-to-four weeks as he’s currently in a boot to help his foot heal.

Report: Michigan State and Penn State will play at the Palestra

INDIANAPOLIS, IN - MARCH 10: Head coach Patrick Chambers of the Penn State Nittany Lions looks on against the Ohio State Buckeyes in the second round of the Big Ten Basketball Tournament at Bankers Life Fieldhouse on March 10, 2016 in Indianapolis, Indiana. (Photo by Joe Robbins/Getty Images)
(Photo by Joe Robbins/Getty Images)
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Michigan State head coach Tom Izzo has previously expressed a desire to coach a game at the legendary Palestra in Philadelphia and it appears he’ll get his chance in a Big Ten game this season.

According to a report from Brendan F. Quinn of MLive, Penn State will use the Palestra as its home gym for the Jan. 7, 2017 Big Ten game against Michigan State. It is the only time the two teams are scheduled to play during Big Ten season and Penn’s home gym will offer a unique setting for the game.

Since the capacity of the Palestra is 8,722, it should make for a fun atmosphere for both programs since this will be a game both fan bases will likely want to attend.

With Nittany Lions head coach Pat Chambers making Philadelphia a major recruiting priority for his program, a game like this in Philadelphia makes sense while Michigan State has always been open to playing games in unique settings such as aircraft carriers.

The Palestra has been a college basketball mainstay since it was built in 1927 as it hosts all Penn home games and, in the past, hosted a lot of Big 5 Philadelphia college games between La Salle, Penn, Saint Joseph’s, Temple and Villanova.

Overall, a fun idea that should make for an interesting experience for both programs. It’s not often that a team will change its home venue for a conference game, but it could be the start of something we see other schools look to do.