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.

VIDEO: UMass Lowell game delayed by shattered backboard

Pat Duquette
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UMass Lowell’s game with Wheelock College was delayed for a little over an hour on Tuesday afternoon after a dunk attempt from Dontavius Smith broke the backboard.

The game resumed and is currently in the second half. Here’s the video of Smith shattering the glass after he took flight.

No. 13 Indiana bounces back with 83-73 win over St. John’s

Troy Williams
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LAHAINA, Hawaii (AP) Yogi Ferrell had 22 points and seven assists to lead No. 13 Indiana to an 83-73 victory over St. John’s on Tuesday in the consolation round of the Maui Jim Maui Invitational.

Freshman center Thomas Bryant had a career-high 19 points on 7-of-9 shooting for the Hoosiers (4-1), who lost to Wake Forest 82-78 in the closing seconds of their opening-round game.

Indiana will play the winner of the Chaminade-UNLV game for fifth place on Wednesday.

Federico Mussini and Ron Mvouika had 17 points each for the Red Storm (3-2), who played much better than they did in their 92-55 pasting from No. 19 Vanderbilt in the first round.

Ferrell had an answer every time St. John’s tried to close in in the second half. Four times the Red Storm got within seven points and three of those times Ferrell replied. He hit a short jumper, two free throws and a step-back jumper to keep St. John’s at bay.

The Red Storm got as close as 76-70 with 1:53 to play on two free throws by Yankuba Sima. James Blackmon Jr., who finished with 12 points, hit a 3 and after a St. John’s turnover he scored on a drive to put the game away.

Troy Williams had seven points and nine rebounds for Indiana.

The Hoosiers led by as many as 17 points in the first half and took a 42-31 lead at halftime.


St. John’s: This game started a little bit better than the opening round. In that game Vanderbilt opened by scoring the first nine points of the game. Against Indiana St. John’s trailed 9-2 at the start. … St. John’s had eight turnovers against Vanderbilt. The Red Storm had that many at halftime against the Hoosiers, They finished with 11.

Indiana: Bryant had 15 points at halftime, two off his career high for a game. … Ferrell was 9 of 10 from the free throw line. The rest of the Hoosiers were 6 of 14.

TALE OF THE TAPE: St. John’s trainer Ron Linfonte and Tim Garl, his counterpart at Indiana, are both in their 35th season at their respective schools. They are the two longest-tenured trainers in men’s Division I basketball.


St. John’s: plays loser of Chaminade-UNLV for seventh place on Wednesday.

Indiana: plays winner of Chaminade-UNLV for fifth place on Wednesday.