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.

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”: