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.

Wichita State getting more national respect with non-conference scheduling

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Wichita State is starting to gain more national respect with regards to its non-conference schedule.

Since moving to the American Athletic Conference this spring, the Shockers have not only gained the benefit of being in a multi-bid league every year, but they’re also getting better teams to play them outside of conference play.

According to a report from Paul Suellentrop of the Wichita Eagle, the Shockers now have non-conference games scheduled with Baylor, Oklahoma and Oklahoma State this season. With Wichita State also playing in the Maui Invitational, it gives the Shockers plenty of opportunities to schedule quality opponents and improve its NCAA tournament seeding. And that’s before Wichita State starts conference play.

Although Wichita State was getting invited regularly to prestigious non-conference tournaments such as Maui or the Battle 4 Atlantis, they were having a tough time getting certain schools to book home-and-home series. The Baylor series signifies a small, but significant, change to how Wichita State might be able to do things now.

USC forward Bennie Boatwright returning for junior year

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USC has a chance to be really good next season as forward Bennie Boatwright announced that he’s returning for his junior season.

The 6-foot-10 forward put up 15.1 points and 4.5 rebounds per game while shooting 36 percent from three-point range as his return means that the Trojans should be a major contender in the Pac-12 next season. Elijah Stewart also announced this week that he is returning as USC could start Jordan McLaughlin, De’Anthony Melton, Stewart, Boatwright and Chimezie Metu next season.

With Duke transfer Derryck Thornton Jr. also becoming eligible and McDonald’s All-American guard Charles O’Bannon Jr. entering the program, the Trojans are a potential top-10 team.

Following decommitment, four-star recruit makes eye-opening remarks about Ohio State

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Ohio State lost a four-star recruit on Wednesday when in-state Class of 2018 wing Darius Bazley opted to open up his recruitment.

As a rising senior who is just finishing his junior season of high school, Bazley’s decommitment isn’t going to immediately hurt the Buckeyes next season. But the 6-foot-7 wing’s comments about why he opted to open up his recruitment are pretty jarring.

In a story with Adam Jardy of the Columbus Dispatch, Bazley opened up about why he decommitted from Ohio State. Bazley’s eye-opening remarks include how the Buckeyes might not get him ideal NBA exposure and how Ohio State might miss the NCAA tournament in his freshman year.

“I was excited when I first got the offer,” Bazley said to Jardy. “Ohio State is still a great place. It’s nothing against the school or anything, but my one ultimate goal is to get to the NBA and I just didn’t feel as confident as I did when I first committed that Ohio State was one of those schools that could get me there. At the end of the day I’ve got to perform no matter where I go, but I think there’s other schools out there that could put me on a bigger stage and in a better position to show those NBA scouts when I get to college what I can do.”

Bazley also didn’t appear to be pleased at the recruiting class coming into Ohio State for the Class of 2017, which is the class that is coming in this season. Remember, Bazley is a Class of 2018 recruit who still has to finish his senior season.

“Ohio State, they didn’t make the NCAA Tournament this year,” Bazley said to Jardy. “They didn’t even make the NIT, which is unfortunate, but I looked into the recruits they have coming into next year, they didn’t look too good for the future. So I felt like when my class came in, yeah, we would’ve been OK, but good enough to make the tournament? I don’t know. I just felt as if I was to de-commit, actually take my time, figure everything out it would just be a lot better.”

Ohio State was once one of the major destinations for one-and-done players a decade ago so these remarks are very surprising. D’Angelo Russell was a top-five pick in the NBA Draft only two years ago, and while the Buckeyes might not be as successful in recent years as they once were, they still get plenty of national exposure with regards to producing NBA talent.

The NCAA tournament comments might carry some more weight though. The Buckeyes have missed the NCAA tournament in two consecutive seasons and things are also looking difficult for them to reach the Big Dance for next season. If Bazley wants to play in the NCAA tournament, then I could understand him wanting to open things up and explore more options.

Still, you don’t often see a player make comments like this about a school after decommitting–especially a program with as much national exposure as Ohio State. Bazley is likely going to face some heat for his remarks, but if those are his true feelings about a future life decision, then he should explore what else is out there.

Nevada gets transfer commitment from Omaha forward Tre’Shawn Thurman

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Nevada continues to build its roster through transfers as the Wolf Pack added Omaha forward Tre’Shawn Thurman on Thursday.

The 6-foot-7 Thurman will have to sit out one season before playing his senior season but he is coming off of a very good campaign for the Mavericks. The versatile forward put up 13.8 points and 7.8 rebounds per game while shooting 49 percent from the field.

One of the Summit League’s better players the last two seasons, Thurman should be a solid rotation forward for Nevada as he has a chance to be a breakout player with one more year of development. If Thurman can improve his 25 percent three-point shooting then he could be a major factor for Nevada.

D-League salaries, two-way contracts increase NBA Draft early entries

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Yesterday, I wrote a piece about how it’s dumb to criticize players for entering the NBA Draft without costing themselves their collegiate eligibility when the NCAA’s new NBA Draft rules are specifically designed for said players to be able to do that.

In that column, I mentioned that D-League salaries are on the rise and that the NBA’s new CBA instituted something called “two-way contracts,” and I wanted a chance to elaborate and clarify a couple of the points that I made.

Let’s start with the “two-way contracts,” which NBA teams each get two of. They are essentially a retainer that those teams can place on younger players they want to be the 16th and 17th men on their roster, holding their rights as they bounce between the D-League — where they will likely spend the majority of the year — and the NBA. The catch is that those players have to have less than three years service as a professional, and the point of it is to provide a financial incentive for younger players with the potential to reach the NBA to remain stateside while allowing those NBA teams to develop them.

That financial incentive is fairly large, as well: Two-way players will make $75,000 guaranteed and will be able to make up to $275,000, depending on the amount of time they spend with the NBA team.

That means there are an extra 60 jobs this season that can end up paying players with less than three years of professional basketball experience upwards of a quarter-of-a-million dollars.

That’s not a bad starting salary.

The other point that I wanted to address is the rising D-League salaries which, technically, will not be rising. There are still going to be Tier A and Tier B players, who make $26,000 and $20,000 respectively. But the NBA has something called affiliate players, which each of the now-25 NBA teams with a D-League affiliate can pay up to $50,000 for training camp. NBA teams are allowed a maximum of four affiliate players, who will still make their $26,000 salary from their D-League team.

In other words, that’s 100 more jobs available in the United States where a professional basketball player can make $76,000, and that’s before you consider that the five NBA teams that do not yet have a D-League affiliate will still have to play players to get them into training camp.

That $76,000 is not a life-changing amount of money. Neither is the $275,000 that a two-way contract can pay. But it’s a pretty damn good paycheck to make for an entry-level job into the industry that you always dreamed of being in.

Athletes have an unbelievably small window where they can capitalize monetarily on their gifts.

If a 21-year old sophomore decides that he wants to continue to develop his game and chase his NBA dream by making $76,000 as a D-League player, is that really all that crazy?

After all, 135 of the 450 players, or 30 percent of the roster spots, on NBA’s opening night were taken by guys that had spent time in the D-League.

There’s more than one way to make a dream come true.