Bigorangefan 98
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I've only seen one example of a student athlete using NIL correctly. That's the lady basketball player at LSU who promotes financial planning in her tv commercials. I'm sure there's more doing it correctly, but I bet 95% don't promote anything at all.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.
So you are opposed to athletes having equal treatment under the law...duly noted.I've only seen one example of a student athlete using NIL correctly. That's the lady basketball player at LSU who promotes financial planning in her tv commercials. I'm sure there's more doing it correctly, but I bet 95% don't promote anything at all.
For everyone wanting athletes to be compensated, welcome to your nightmare
Not sure how most feel about donating to collectives for NIL assistance but I'll go on record and say I'll never donate to any collective to help self-centered a$$ holes make a buck.
You got it budSo you are opposed to athletes having equal treatment under the law...duly noted.
And, are we to reasonably conclude that you consider anyone who wants to be compensated for working a "self-centered a$$ hole"?
Edit: And don't get it twisted...this nightmare is solely the responsibility of the universities/NCAA who colluded and committed unfair trade practices for decades.
The autographs through the collectives are definitely legit NIL opportunities. There are a few of our athletes that have made good money through autographs after epic performances. Our collective also helps the athletes get deals through local businesses. It’s not all just “pay them to play.”I've only seen one example of a student athlete using NIL correctly. That's the lady basketball player at LSU who promotes financial planning in her tv commercials. I'm sure there's more doing it correctly, but I bet 95% don't promote anything at all.
For everyone wanting athletes to be compensated, welcome to your nightmare
Not sure how most feel about donating to collectives for NIL assistance but I'll go on record and say I'll never donate to any collective to help self-centered a$$ holes make a buck.
Again, you’re completely missing the point. Nike pays Jordan for endorsements because they MAKE money on those endorsements. 100% of NIL deals LOSE money because they are a shell game to get a kid to play at your school. There are no examples of profitable NIL deals for the money source. Does a local commercial selling mufflers have some value? Yes. Is that value hundreds of thousands of dollars, millions? No. Donors and local businesses want to present the illusion of a fair value transaction. Their sole intent is one thing— getting the kid on their team.The autographs through the collectives are definitely legit NIL opportunities. There are a few of our athletes that have made good money through autographs after epic performances. Our collective also helps the athletes get deals through local businesses. It’s not all just “pay them to play.”
Again, you’re completely missing the point. Nike pays Jordan for endorsements because they MAKE money on those endorsements. 100% of NIL deals LOSE money because they are a shell game to get a kid to play at your school. There are no examples of profitable NIL deals for the money source. Does a local commercial selling mufflers have some value? Yes. Is that value hundreds of thousands of dollars, millions? No. Donors and local businesses want to present the illusion of a fair value transaction. Their sole intent is one thing— getting the kid on their team.
I really wasn’t commenting on that per se. I was commenting about the collective, and their memorabilia sales are straight up NIL. Jalin Hyatt was already playing for UT when NIL went into place. I don’t know the financials, but I’m guessing he got a pay bump after his 5 TD game against Bama. He had autographs and shirts suddenly available. If he had signed a deal with the Vol Club and reached his cap amount, then he was making more money through his performance. Same with Knecht. It was discussed that we weren’t the highest offer.Again, you’re completely missing the point. Nike pays Jordan for endorsements because they MAKE money on those endorsements. 100% of NIL deals LOSE money because they are a shell game to get a kid to play at your school. There are no examples of profitable NIL deals for the money source. Does a local commercial selling mufflers have some value? Yes. Is that value hundreds of thousands of dollars, millions? No. Donors and local businesses want to present the illusion of a fair value transaction. Their sole intent is one thing— getting the kid on their team.
It’s one of the loopholes to they’re exploring to get to possibly regulation of NIL. Contracts must exist on the concept of consideration. There’s currently an exploration of that concept in pursuit of separating compensation to play from compensation for name image likeness compensation.Is this an argument being made in court? (The shell game concept)
If so, who is portrayed as the victim of this?
I didn’t say anything about whether they benefit or value. I said the value is not commensurate. They pay players to play. Your example of the cookie company is a good one in making your point. It was cute enough and novel enough that it actually gained them more value than they paid. It’s a freak anomaly though.I really wasn’t commenting on that per se. I was commenting about the collective, and their memorabilia sales are straight up NIL. Jalin Hyatt was already playing for UT when NIL went into place. I don’t know the financials, but I’m guessing he got a pay bump after his 5 TD game against Bama. He had autographs and shirts suddenly available. If he had signed a deal with the Vol Club and reached his cap amount, then he was making more money through his performance. Same with Knecht. It was discussed that we weren’t the highest offer.
I understand your point, but it’s not quite 100%. Collectives do benefit from signing productive players. Plus, there are company endorsements that aren’t solely for a school. The local Knoxville cookie shop may want their player to play at UT, but there is value in it when ESPN talked about free cookies 100 times.