NIL contract structure

#26
#26
How can they prohibit the private guys? Even if they get in the direct pay mode? Why would they want to?
The House case settlement, if it ever gets finalized, gives the NCAA's hand picked clearinghouse the power to declare any private NIL deal over $600 invalid.

That's a backdoor way to drive private NIL collectives out of the market. As soon as any athlete sues about that on Sherman Antitrust Act grounds, it will start the next round of court cases because a settlement can't supercede federal law. It's unlikely that the NCAA ever gets a legal way to regulate private NIL, even with an antitrust exemption.
 
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#27
#27
How is it direct competition? That’s where you’re losing me. The Chiefs aren’t competing with State Farm. Sypre isn’t competing with UT.

That’s what I’m confused about.
The NCAA is trying to push Spyre and other private NIL collectives out of the market by unfair regulations they hit in the House case revenue sharing settlement.

That settlement has a clause that puts the schools in direct competition with private NIL collectives whine regulating how the collectives can do business with the athletes.

That is a classic illegal market interfere cr under the Sherman Antitrust Act.
 
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#28
#28
How is it direct competition? That’s where you’re losing me. The Chiefs aren’t competing with State Farm. Sypre isn’t competing with UT.

That’s what I’m confused about.
The NCAA is trying to push Spyre and other private NIL collectives out of the market by unfair regulations they hit in the House case revenue sharing settlement.

That settlement has a clause that puts the schools in direct competition with private NIL collectives whine regulating how the collectives can do business with the athletes.

That is a classic illegal market interfere cr under the Sherman Antitrust Act.
Look up epb in Chattanooga. City owned Internet, cable TV, etc.

They compete directly with other providers.
 
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#29
#29
Look up epb in Chattanooga. City owned Internet, cable TV, etc.

They compete directly with other providers.
Please do your own homework. I'm not going to do it for you. It's lazy to tell anyone else to "look it up" I stead if you showing your own supporting evidence.

No charge for the pro tip.
 
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#30
#30
Please do your own homework. I'm not going to do it for you. It's lazy to tell anyone else to "look it up" I stead if you showing your own supporting evidence.

No charge for the pro tip.
My sincere apologies. I didn't realize you were Internet challenged. Epb is owned by the city of Chattanooga and provides not just power but also their own, community owned fiber network for Internet, and offers TV plans and they've been doing it for about a decade.

EPB Chattanooga - Who we are | EPB EPB Chattanooga - Who we are
 
#31
#31
My sincere apologies. I didn't realize you were Internet challenged. Epb is owned by the city of Chattanooga and provides not just power but also their own, community owned fiber network for Internet, and offers TV plans and they've been doing it for about a decade.

EPB Chattanooga - Who we are | EPB EPB Chattanooga - Who we are
I'm not internet challenged. Stop blaming other people for your appalling laziness and ignorance of the rules of proof.

You made the claim. That puts the onus of proof on you and you alone.
 
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#32
#32
My sincere apologies. I didn't realize you were Internet challenged. Epb is owned by the city of Chattanooga and provides not just power but also their own, community owned fiber network for Internet, and offers TV plans and they've been doing it for about a decade.

EPB Chattanooga - Who we are | EPB EPB Chattanooga - Who we are
Your link content doesn't support your claim.
It says their infrastructure is available to the private sector. TVA isn't going for a monopoly.

Ergo, you used an oranges argument to claim it's the same thing as the NCAA and public universities trying to drive private NIL collectives out of the market.
 
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#33
#33
I'm not internet challenged. Stop blaming other people for your appalling laziness and ignorance of the rules of proof.

You made the claim. That puts the onus of proof on you and you alone.
So can you at least click on a link? You're welcome to prove my assertion wrong but I'm pretty sure Chattanooga owned epb markets themselves as the fastest Internet and it's based on the fiber the city owns which competes directly with the private sector providers.

Have a wonderful day being wrong about govt owned business competing with the private sector in TN.
 
#34
#34
Your link content doesn't support your claim.
It says their infrastructure is available to the private sector. TVA isn't going for a monopoly.

Ergo, you used an oranges argument to claim it's the same thing as the NCAA and public universities trying to drive private NIL collectives out of the market.
Epb most definitely does not let any other provider use their fiber network which is owned by the city.

Stop making false claims.
 
#35
#35
So can you at least click on a link? You're welcome to prove my assertion wrong but I'm pretty sure Chattanooga owned epb markets themselves as the fastest Internet and it's based on the fiber the city owns which competes directly with the private sector providers.

Have a wonderful day being wrong about govt owned business competing with the private sector in TN.
Again, the onus of proof is oin you, and only you. Your link didn't prove what you claimed it did.

It's not my job to prove you wrong. It's your job to prove that you're right. You haven't done that. I'm betting that you can't.

Have a wonderful day displaying your ignorance of the rules of proof and your inability to prove your claims.

The internet doesn't change the times of proof or excuse your ignorance of them.
 
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#36
#36
Again, the onus of proof is oin you, and only you. Your link didn't prove what you claimed it did.

It's not my job to prove you wrong. It's your job to prove that you're right. You haven't done that. I'm betting that you can't.

Have a wonderful day displaying your ignorance of the rules of proof and your inability to prove your claims.

The internet doesn't change the times of proof or excuse your ignorance of them.
Hehehehe. That's why I blocked you before. You don't offer CRAP as links or anything ever, then hide when you're wrong.

I knew I shouldn't have looked at your blocked stuff.
 
#37
#37
How can they prohibit the private guys? Even if they get in the direct pay mode? Why would they want to?
They are trying to limit NIL to $600 per athlete unless it is approved by the "Clearinghouse".
The Clearinghouse will have the power to declare any NIL deal above that as invalid. The Clearinghouse will be a NCAA puppet in order to create a defacto salary cap. That creates an explicit attempt to drive private NIL collectives out of the market.

I believe that's illegal, because it allows the NCAA Clearinghouse to interfere in a private business deal between two third parties, and attempts to corner the market for the NCAA and it's member institutions.
 
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#41
#41
However, those things are not mandated by a private organization like the NCAA that may not have the legal authority to force that on the 3rd party private side of the equation.

Isn't the article saying that its part of the agreement and something that if the Judge approves, isn't the court mandating it? I'm just going off the article and have no idea what all is in the agreement.
 
#42
#42
Isn't the article saying that its part of the agreement and something that if the Judge approves, isn't the court mandating it? I'm just going off the article and have no idea what all is in the agreement.
Settlements can always be challenged by people and entities that are not parties to the agreement but that are affected about it.
 
#43
#43
The NCAA is trying to push Spyre and other private NIL collectives out of the market by unfair regulations they hit in the House case revenue sharing settlement.

That settlement has a clause that puts the schools in direct competition with private NIL collectives whine regulating how the collectives can do business with the athletes.

That is a classic illegal market interfere cr under the Sherman Antitrust Act.

The one thing I agree with from the other side is that NOBODY can deny athletes from doing their own NIL deals. But I do think they can be required to report them and the regulating body can define maximum NIL $ on individual rosters. Any income for that matter. I can see both internal and external income sources.
 
#44
#44
The one thing I agree with from the other side is that NOBODY can deny athletes from doing their own NIL deals. But I do think they can be required to report them and the regulating body can define maximum NIL $ on individual rosters. Any income for that matter. I can see both internal and external income sources.
I've had this discussion with you before. The easy way around this is for players to get on the team, start practice, THEN sign the NIL deals.

What then? Throw them out? Fine the school for something they DIDN'T do and can't legally stop?

It's just a matter of timing. Once the "deadline" passes and the team is under the limit, then sign the NIL deals and your idea goes POOF.
 
#45
#45
The one thing I agree with from the other side is that NOBODY can deny athletes from doing their own NIL deals. But I do think they can be required to report them and the regulating body can define maximum NIL $ on individual rosters. Any income for that matter. I can see both internal and external income sources.
Nope. The no private third party can regulate or interfere with private NIL nor cap it. You can't legally cap what you don't pay.
 
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#46
#46
I've had this discussion with you before. The easy way around this is for players to get on the team, start practice, THEN sign the NIL deals.

What then? Throw them out? Fine the school for something they DIDN'T do and can't legally stop?

It's just a matter of timing. Once the "deadline" passes and the team is under the limit, then sign the NIL deals and your idea goes POOF.

Dang, works for me , all the walkons can just declare they are on full schollie and get them too. I mean what can they do to them after they get here. Oh and those off field coaches can just elevate themselves. What can they do?

Bet they can all be measured and managed.
 
#47
#47
Dang, works for me , all the walkons can just declare they are on full schollie and get them too. I mean what can they do to them after they get here. Oh and those off field coaches can just elevate themselves. What can they do?

Bet they can all be measured and managed.
You're being facetious. You know exactly what I mean.

The NCAA says that on April 12th or whatever, each school can only have $XX million in NIL.

A school does that. No problems. On April 13th, several new NIL deals are signed by players AFTER the NCAA cutoff date.

Under your plan, what happens?

Do you force the school to throw those players off the team?

Do you force the school to forfeit games?
 
#48
#48
You're being facetious. You know exactly what I mean.

The NCAA says that on April 12th or whatever, each school can only have $XX million in NIL.

A school does that. No problems. On April 13th, several new NIL deals are signed by players AFTER the NCAA cutoff date.

Under your plan, what happens?

Do you force the school to throw those players off the team?

Do you force the school to forfeit games?

Ah ha ha, now that's a perfect avenue of thought.

So we can't do anything to players, and we can't really make the schools forfeit games ahead of time ... how about this. Any games played with rosters over the money cap are not counted in the win-loss record. Any school wanting to have the game count must cut players until their roster is under the combined financial limit. Your star WR signed a huge deal? Too bad, can't keep him on the roster if you want the game to count. He's free to sign elsewhere of course and continue, with a team that can handle his "hit" to their cap.

This is insidious, and insane -- and I love it. I already realize the problems but in such an anything-goes environment, let's scorch the earth and see what survives.
 
#49
#49
Ah ha ha, now that's a perfect avenue of thought.

So we can't do anything to players, and we can't really make the schools forfeit games ahead of time ... how about this. Any games played with rosters over the money cap are not counted in the win-loss record. Any school wanting to have the game count must cut players until their roster is under the combined financial limit. Your star WR signed a huge deal? Too bad, can't keep him on the roster if you want the game to count. He's free to sign elsewhere of course and continue, with a team that can handle his "hit" to their cap.

This is insidious, and insane -- and I love it. I already realize the problems but in such an anything-goes environment, let's scorch the earth and see what survives.
The lawsuits add up quickly for randomly cutting guys over NIL, especially over deals they didn't even sign. The other lawsuits from the schools, even the conferences, from making games not count also add up fast (or if I were a coach, I wouldn't play under those terms and let ESPN sue everybody.)

The last time I discussed this with Guntersville I think he went with "you close the NIL like the portal" which of course gets you sued. You can't tell players when they can sign NIL deals.

I'm unsure why people want the NCAA to continue to get sued over NIL when they've not won an NIL lawsuit since Alston and the Supreme Court told the NCAA that the only solution is via Congress.

It's not like the Supreme Court doesn't know the law and how it will be applied to the NCAA. It was a 9-0 verdict. Apparently, legally, the NCAA is done making rules concerning compensation.

Should House v NCAA be approved, there will be a near immediate lawsuit for the $20.6M limit on revenue sharing. Was that negotiated with the players? Why not more? Why can't the players have a voice in that amount like pro players do?

It's a mess but trying to control it like the old days just costs the NCAA legal fees and never works.
 
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#50
#50
The lawsuits add up quickly for randomly cutting guys over NIL, especially over deals they didn't even sign. The other lawsuits from the schools, even the conferences, from making games not count also add up fast (or if I were a coach, I wouldn't play under those terms and let ESPN sue everybody.)

The last time I discussed this with Guntersville I think he went with "you close the NIL like the portal" which of course gets you sued. You can't tell players when they can sign NIL deals.

I'm unsure why people want the NCAA to continue to get sued over NIL when they've not won an NIL lawsuit since Alston and the Supreme Court told the NCAA that the only solution is via Congress.

It's not like the Supreme Court doesn't know the law and how it will be applied to the NCAA. It was a 9-0 verdict. Apparently, legally, the NCAA is done making rules concerning compensation.

Should House v NCAA be approved, there will be a near immediate lawsuit for the $20.6M limit on revenue sharing. Was that negotiated with the players? Why not more? Why can't the players have a voice in that amount like pro players do?

It's a mess but trying to control it like the old days just costs the NCAA legal fees and never works.

It was said mostly in jest. So I don't really have any rejoinder. I'm just watching the clock until they disgorge the pro franchises and we see what remains.
 

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