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.

As good as they’ve been, No. 3 Michigan State has yet to play their best

Bryn Forbes, Ryan Fazekas
Associated Press
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Sunday night’s Wooden Legacy title game matchup between No. 3 Michigan State and Providence was billed as a matchup of the nation’s two best players, and rightfully so. Michigan State senior Denzel Valentine (17 points, six rebounds, five assists), who already has two triple-doubles to his credit this season, and Providence redshirt junior Kris Dunn (21 points, five rebounds, seven assists) have more than lived up to the preseason expectations and more of the same was expected in Anaheim.

And while both had their moments, it was Michigan State’s supporting cast that made the difference in their 77-64 victory. The scary thing for future opponents on Michigan State’s schedule is that Tom Izzo’s team is nowhere near being a finished product.

With Valentine dealing with first-half foul trouble Bryn Forbes stepped up, scoring 13 of his 18 points to help the Spartans take a two-point lead into the half. As for the 11-0 run that Michigan State produced to take control of the game late, a host of players stepped forward in regards to scoring, rebounding and defending.

Freshmen Deyonta Davis and Matt McQuaid combined to score nine points over the final 5:32, with transfer guard Eron Harris adding six of his 12 points during that stretch. The Spartans outscored the Friars, who aren’t as deep, 22-7 during that stretch to close out the game, hunting for quality shots and hitting the offensive glass while making things difficult for Providence on the other end of the floor.

The end result was a final margin that does not indicate just how close the game was. While Providence seemed to run out of steam Michigan State received contributions from multiple players, which is undoubtedly a good sign for this group moving forward.

The Spartans will return the currently injured Gavin Schilling later this season, giving them another big man alongside Davis, Matt Costello and Colby Wollenman. He was a player they missed Sunday night, as he can defend opposing big men both in the post and on the perimeter. His absence was a main reason Michigan State didn’t have an answer for Providence’s Ben Bentil (20 points, seven rebounds) defensively.

The key for this group is going to end up being role definition, which is especially true in the case of Harris. A transfer from West Virginia, Harris came to East Lansing with the reputation of being a big time scorer. He’s struggled through the first two weeks of the season, but he got on a roll on Sunday night, finishing with 12 points, three boards and three assists. He showed he’s capable of doing a variety of things on the perimeter, and fitting into a “Swiss army knife” kind of role would make Michigan State that much more dangerous.

There’s no denying that Michigan State has been one of the nation’s best teams thus far.

But there’s also no denying that the Spartans have yet to hit their ceiling, which is definitely a positive moving forward.

Wichita State’s Anton Grady returns home with team

AP Photo/Willie J. Allen Jr.
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Wichita State forward Anton Grady was released from a hospital in Orlando on Sunday afternoon in time to return home with his Shocker teammates.

Grady suffered a spinal corn concussion on Friday when he collided head-first with an Alabama defender, snapping his head sharply to the side. He lay on the court motionless for 10 minutes after the injury and was taken off the floor on a stretcher.

[RELATED: Can WSU still make tourney?]

“I want to send out a big thank you to Shocker Nation and all of my friends and family for of the love and encouragement that I have received the past few days,” Grady said in a statement on Sunday morning. “I’ve been reading your tweets and posts and appreciate every last one of them. I have a lot of work to do to get back on the court, but with the help of such a great support system, I’m ready for the challenge.”

By Friday night, Grady had feeling in all of his extremities, but he has a long road of rehab ahead of him.