NCAA Men's Final Four - Practice

This week is a very important week for Ed O’Bannon’s case against the NCAA


Ever since Ed O’Bannon first filed a lawsuit against the NCAA over the use of his likeness in a video game back in 2009, there has been scuttlebutt that the outcome of said lawsuit could end up playing a major role in the way that college athletics operates at the highest level in the near future.

(For those that haven’t been paying attention, you can get some terrific background insight into the lawsuit from Brad Wolverton’s story in The Chronicle here. You might also want to give J. Brady McCollough’s feature on Sonny Vaccaro, the former shoe peddler turned amateur athlete advocate, who, along with O’Bannon, is the inspiration behind the case.)

This week may be the most important week for the case, as U.S. District Judge Claudia Wilken will hear arguments regarding whether or not the case can be certified as a class action lawsuit on Thursday in Oakland. If the case were to be certified to include current athletes, it would mean that “the NCAA would be liable for claims brought not just by the plaintiffs but also by all former athletes,” Bloomberg’s Jonathan Mahler wrote back in May. “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 spell out disaster for the NCAA, who has a 14-year contract worth more than $10 billion with CBS and Turner to broadcast the NCAA tournament and whose member conferences annually cut $20 million checks to each member school for their TV contracts.

With that much money being tossed around, it’s a logical leap that the O’Bannon case could end up changing the NCAA’s entire business model, right?

Well, maybe we need to pump the brakes here just a bit. From a blog that Wolverton published accompanying the story linked above:

Gary R. Roberts, dean of Indiana University’s Robert H. McKinney School of Law, went further, describing some of the predictions as a “preposterous stretch of the intellectual-property laws.”

“I don’t see why, if the NCAA is infringing on former players’ publicity rights in the production of video games, that would lead to a remedy of current players receiving TV rights,” he said. “There are people who want that to happen so much that they’ve convinced themselves it’s right. But I don’t think there’s any court that will jump that legal chasm.”

Other legal scholars, whose voices didn’t make it in my article, agreed.

“Maybe in five years O’Bannon will cause the entire NCAA infrastructure to come unglued, but I doubt it,” said Gene Marsh, a retired professor of law at the University of Alabama at Tuscaloosa who represents colleges in NCAA disputes. “The thing about sports litigation—and particularly anything related to the NCAA—is that you get this wave of wishful thinking and emotion, and then someone comes along and actually applies the law, and that takes the air out of the balloon.”

In simpler terms, we’ve all gotten so excited about the fact that someone is actually stepping up to the plate and challenging the NCAA that we’ve forgotten all the legalistic red-tape the case needs to wind its way through.

And just because there’s a movement of people that are emotional and passionate about changing the basis of the NCAA doesn’t mean a federal judge who has been trained to filter out emotion and passion and focus on the letter of the law is going to agree.

You can find Rob on twitter @RobDauster.

AUDIO: Rick Pitino discusses allegations, future at Louisville

Rick Pitino
Associated Press
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Thursday afternoon marked the first time since Friday that Louisville head coach Rick Pitino commented on the controversy that has taken his program by storm. Speaking with Terry Meiners of 840 WHAS in Louisville, Pitino discussed the escort scandal, what could have possibly led former staffer Andre McGee down the path he’s alleged to have taken in Katina Powell’s book and his future at Louisville.

The interview began with Meiners asking Pitino if it changed his thinking as to whether or not he needed to resign, which (as one would expect) Pitino shot down. Also discussed was the statement released by school president Dr. James Ramsey, which expressed support for athletic director Tom Jurich but did not mention Pitino at all.

“Well I can’t answer that, Terry,” Pitino said when asked why he wasn’t mentioned in the statement. “Twenty-six years ago Kentucky brought me in to make the program compliant to NCAA rules. (Then-Kentucky president) Dr. (David) Roselle and (then Kentucky athletic director) C.M. Newton thought I was the guy to come in and change around the images, change around the culture and add a lot of discipline to the program. And I did that.

“And then I came here to the University of Louisville, and if someone was five seconds late or not early consequences would be paid from a disciplinary standpoint,” Pitino continued. “This is obviously not a person being late, this is not about a person (not) working hard. This is about things that are very disgusting, things that turn my stomach, things that keep me up without sleeping.

“But unfortunately, I had no knowledge of any of this and don’t believe in it. It’s sickening to me, the whole thing. But I’m thinking of my 13 players, I’m thinking of our program, and I’m sorry that Dr. Ramsey did not think enough to mention me but that’s something I cannot control.”

Below is audio of the full interview, which ran just over 17 minutes in length.

Boise State loses guard Harwell to torn ACL

Leon Rice
Associated Press
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Expected to be one of the favorites in the Mountain West this season, Boise State’s perimeter ranks have shrunk by one player due to injury. Thursday it was reported by the Idaho Statesman that freshman guard Malek Harwell will redshirt after suffering a torn ACL in practice. Along with fellow freshman Paris Austin, Harwell is expected to be a key part of the Broncos’ future beyond the upcoming season.

Now, instead of competing with an experienced backcourt that includes four redshirt seniors, Harwell will work to get his knee back to full strength for the 2016-17 season.

Among the guards who will play significant minutes this season are Anthony Drmic, who took a medical redshirt last season, Montigo Alford, Mikey Thompson and grad transfer Lonnie Jackson (Boston College). Chandler Hutchison, who started in Boise State’s final 18 games of the 2014-15 season as a freshman, will also compete for playing time.