All contracts are based on the principle of fair consideration. I give you a dollar. You give me an apple is reasonable fair consideration. I give you one million dollars and you give me an apple and a kilo of cocaine is something else. The value of a players name, image and likeness does indeed have a discernible market value in autographs, jerseys or appearances. Additionally certain players have an endorsement value that also can be measured against the market value. Right now we are giving a player a dollar for an appearance, a signature or an endorsement (the apple) and we actually want them to play basketball for a certain university (the kilo of cocaine). Those who say that free market contracts can’t be regulated are partially correct. Fear of suit prior to specific legislation is warranted. No one wants to be sued. That said, the current system is broken. The problem occurs when commensurate value is exceeded egregiously in pursuit of something other than the stated transaction. Navigating all of this will be sticky and complicated, but not impossible. Everyone understands that NIL funds are already in violation of the spirit of both the NCAA regulations and the law. Proving that Bobby Spuckler’s Chevy is not getting 5mm in value from Nate Ament is problematic for a myriad of reasons including state law, federal law and even constitutional interpretation. The Supreme Court has ruled in several cases that a citizen can do what he/she wants, even to the point of buying elections under the absurd premise that money is speech. Additionally there are many other precedents in areas of antitrust legislation and state laws that make regulation difficult. Saban’s suggestion to the Furher involves enacting legislation specific to the matter. Separately there are both NCAA rules being considered and new possibilities that open after the athletes participate in profit sharing. These possibilities will open the door for examining fair consideration for NIL to close the door on dishonest practices. I assume it’ll take a few iterations to get it right, and there will be suits along the way. It is important to get it right soon.