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.

PREGAME SHOOTAROUND: Thanksgiving Day Edition!

Kevin Ollie
(AP Photo/Ricardo Arduengo)
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GAME OF THE NIGHT: Syracuse vs. No. 18 UConn, 3:30 p.m.

For the first time since the Orange departed the Big East, the two former rivals will square off. Today’s battle will take place at the Battle 4 Atlantis, as the Orange knocked off Charlotte yesterday and the Huskies dispatched Michigan. To get ready for this battle, I’d suggest ready through the conversation @NoEscalators had with himself last night.

THIS ONE’S GOOD, TOO: No. 25 Texas A&M vs. No. 10 Gonzaga, 1:00 p.m.

The other semifinal in the Battle 4 Atlantis could end up being just as good, as the Aggies — who might be the second best team in the SEC — square off with a Gonzaga team that has one of the best front lines in the country. This will be a good test to figure out just how good both of these teams are.


1. No. 20 Wichita State vs. USC, 2:00 p.m.: The Shockers will be without Fred VanVleet for this event. It will also be a chance for us to gauge just how good this 4-0 USC team is.

2. No. 23 Xavier vs. Alabama, 12:00 p.m: The Musketeers should have no problems dispatching Alabama.

3. No. 8 Villanova vs. Stanford, 4:30 p.m.: The Wildcats are, once again, as good as any team in the country. Josh Hart might be the nation’s most underrated star.

4. No. 14 Cal vs. San Diego State, 12:00 a.m.: Tyrone Wallace and company have been awesome this season. They get their first real test of the season tonight.

5. Providence vs. Evansville, 7:00 p.m.: Evansville is one of the nation’s best mid-majors, good enough to give the likes of Wichita State and Northern Iowa a fight in the Missouri Valley. And Providence? They got a kid named Kris Dunn. Heard of him?


  • No. 3 Michigan State vs. Boston College, 6:30 p.m.
  • No. 11 Arizona vs. Santa Clara, 11:30 p.m.
  • No. 17 Notre Dame vs. Monmouth, 6:30 p.m.

VIDEOS: Rhode Island, Maryland exchange heated words in Cancun

Dan Hurley

No. 2 Maryland finally found their rhythm on Wednesday night, blowing out a good Rhode Island team, 86-63, in the finals of the Cancun Challenge.

Melo Trimble and Rasheed Sulaimon combined for 34 points and eight assists on 13-for-14 shooting and Robert Carter added 15 points, nine boards, three assists and three blocks. Peak Maryland, which is what we saw tonight, is really dangerous.

But Peak Maryland wasn’t the story after the game, as tempers flared in the waning minutes.

It started when Maryland coach Mark Turgeon called a timeout with less than two minutes remaining. Jake Layman had just hit a three to put Maryland up by 24 points and Turgeon wanted to get his walk-ons in the game. Hurley said to the Maryland bench, “We’ll see you again, boy,” according to Inside Maryland Sports, which prompted this reaction from Turgeon:

After the game, the two teams had to be separated in layup lines. According to reports from IMS and from the Baltimore Sun, Hurley was cursing at Maryland players as he was shaking their hands after the game. According Doug Gottlieb, who called the game for CBS Sports Network, Trimble said that the Rhode Island team wanted to “fight us”: