Objections filed on House vs NCAA

[LWSVOL]

At least 18 objections filed to $2.8B NCAA antitrust settlement, lawyers confident of approval

The deadline has come and gone for objections to be filed against the landmark $2.8 billion settlement of antitrust allegations against the NCAA and the five largest athletic conferences.

apnews.com

 

[S.C. OrangeMan]

At least 18 objections filed to $2.8B NCAA antitrust settlement, lawyers confident of approval

The deadline has come and gone for objections to be filed against the landmark $2.8 billion settlement of antitrust allegations against the NCAA and the five largest athletic conferences.

apnews.com

The NIL clause is legally sketchy. It likely violates antitrust law, as stated in the article.
The fact that other lawsuits have been filed on those grounds means this probably isn't over. A settlement in one case doesn't set legal precedent to prevent others.

 

[MinisterofDef#92]

The NIL clause is legally sketchy. It likely violates antitrust law, as stated in the article.
The fact that other lawsuits have been filed on those friends means this probably isn't over. A settlement in one case doesn't set legal precedent to prevent others.

This has always been a key issue...you can't stop someone from taking NIL and those are governed by state laws.

 

[cgbtn]

I really wouldn’t mind seeing the NCAA prevail. We have reached the point where teams will start trading players. There will never be another VFL.

 

[1world1love]

I really wouldn’t mind seeing the NCAA prevail. We have reached the point where teams will start trading players. There will never be another VFL.

So then you are ok with your earning potential being arbitrarily capped?

Maybe thinking about it another way, there are students on scholarship in the UT Department of Theater. Should the government cap how much they can earn doing summer rep tours or acting in commercials locally?

Likely a good chunk of the kids in Comp Sci have side gigs. What about them? What about scholarship students driving Uber or Lyft on weekends?

There are current UT students that make a decent amount of money as content creators on YouTube or TikTok, or Instagram. They are making money off their own name/image/likeness. Should the NCAA cap those earnings as well?

You may not like it, but we have held student athletes to a different standard than other scholarship students for too long. It is not only unethical, it is un-American. The markets should be the only limit to an individuals opportunities to improve their lot.

 

[S.C. OrangeMan]

So then you are ok with your earning potential being arbitrarily capped?

Maybe thinking about it another way, there are students on scholarship in the UT Department of Theater. Should the government cap how much they can earn doing summer rep tours or acting in commercials locally?

Likely a good chunk of the kids in Comp Sci have side gigs. What about them? What about scholarship students driving Uber or Lyft on weekends?

There are current UT students that make a decent amount of money as content creators on YouTube or TikTok, or Instagram. They are making money off their own name/image/likeness. Should the NCAA cap those earnings as well?

You may not like it, but we have held student athletes to a different standard than other scholarship students for too long. It is not only unethical, it is un-American. The markets should be the only limit to an individuals opportunities to improve their lot.

Excellent points! Spot on!

 

[S.C. OrangeMan]

I really wouldn’t mind seeing the NCAA prevail. We have reached the point where teams will start trading players. There will never be another VFL.

So you like exploitation for your own entertainment? Shame on you!

 

[DonDiego]

NIL doesn't bother me. Like has been stated ad nauseum, people should not be limited in earning potential by arbitrary rules that aren't applied to others...I get it.

What gets me is the perpetual free agency, which wreaks havoc on roster management. I suspect this will eventually be addressed through collective bargaining, contracts, etc. The NFL, NBA, MBB and others are able to deal with it. Surely college sports can come up with something, although how to address the employment aspect is definitely going to be tricky.

 

[SayUWantAreVOLution]

I really wouldn’t mind seeing the NCAA prevail. We have reached the point where teams will start trading players. There will never be another VFL.

They aren't going to prevail.

They are trying to settle a case to avoid losing multiple other cases. They are trying to throw a few billion at the previous generation of players so all of them don't sue the NCAA individually.

They are trying to compensate the next generation of athletes "fairly" without giving the athletes a chance to negotiate what their "fair market value" is. It really doesn't work if the employers of the entire market collude and say "$20.6 million is all the payroll anyone can use."

Imagine if your industry all got together and could never pay you more than your employer and others in the industry decided was "fair" for you and your co-workers. You'd be okay with that?

 

[SpookyAction]

When the profit motive is at work, expect broad rules that have no teeth, until some programs cash out and sell off to the first interested hedge fund.

 

[S.C. OrangeMan]

They aren't going to prevail.

They are trying to settle a case to avoid losing multiple other cases. They are trying to throw a few billion at the previous generation of players so all of them don't sue the NCAA individually.

They are trying to compensate the next generation of athletes "fairly" without giving the athletes a chance to negotiate what their "fair market value" is. It really doesn't work if the employers of the entire market collude and say "$20.6 million is all the payroll anyone can use."

Imagine if your industry all got together and could never pay you more than your employer and others in the industry decided was "fair" for you and your co-workers. You'd be okay with that?

Agreed. Classic antitrust and price fixing violations.

 

[GUNTERSVOL]

This has always been a key issue...you can't stop someone from taking NIL and those are governed by state laws.

You cannot limit an individual from accepting NIL, but institutions can agree upon entry into competitive organizations to limits on amount of legally reported NIL $ just like they do scholarships, official visits, and on field staff members.

Once it is firmly established, that will be the next step. Until an individual has no institution with available cap space, there can be no harm, just like getting shut out at schools of choice by the 85 limit. Unlikely a kid worth NIL to not be offered an opportunity to play SOMEWHERE.

Possible they would allow them to enroll and not participate on an NIL redshirt. NIL can’t link money to performance, SOOOOO……NIL folks at risk.

 

[MinisterofDef#92]

You cannot limit an individual from accepting NIL, but institutions can agree upon entry into competitive organizations to limits on amount of legally reported NIL $ just like they do scholarships, official visits, and on field staff members.

Once it is firmly established, that will be the next step. Until an individual has no institution with available cap space, there can be no harm, just like getting shut out at schools of choice by the 85 limit. Unlikely a kid worth NIL to not be offered an opportunity to play SOMEWHERE.

Possible they would allow them to enroll and not participate on an NIL redshirt. NIL can’t link money to performance, SOOOOO……NIL folks at risk.

It's going to be interesting to see how it shakes out But I agree with your general point... I think and hope most of the reform comes through entirely separate third party entities (e.g., CFP) vs. state institutions and especially Congress.

 

[S.C. OrangeMan]

You cannot limit an individual from accepting NIL, but institutions can agree upon entry into competitive organizations to limits on amount of legally reported NIL $ just like they do scholarships, official visits, and on field staff members.

Once it is firmly established, that will be the next step. Until an individual has no institution with available cap space, there can be no harm, just like getting shut out at schools of choice by the 85 limit. Unlikely a kid worth NIL to not be offered an opportunity to play SOMEWHERE.

Possible they would allow them to enroll and not participate on an NIL redshirt. NIL can’t link money to performance, SOOOOO……NIL folks at risk.

Doubtful, because it puts the NCAA and the clearinghouse in the position of interfering in a private business arrangement between two third private entities. NIL can't be capped by the NCAA or a school because the schools don't pay it.

 

[GUNTERSVOL]

It's going to be interesting to see how it shakes out But I agree with your general point... I think and hope most of the reform comes through entirely separate third party entities (e.g., CFP) vs. state institutions and especially Congress.

Yea, it is so broken and UNIVERSALLY hated, I think both sides of the isle will jump on providing language that can’t be worked over by the black robe crowd. Too many schools that can’t play the big money games will welcome their representatives insuring protection of their revenue streams and the reps will want to be hero’s. Probably more senators from states without upper end schools too. Delaware, S.D., Idaho, etc. get two votes too. Heck would TN split their votes if one is VAN and/or Memphis centric?

Once it is not a moving target I think they will shoot at it.

 

[S.C. OrangeMan]

Yea, it is so broken and UNIVERSALLY hated, I think both sides of the isle will jump on providing language that can’t be worked over by the black robe crowd. Too many schools that can’t play the big money games will welcome their representatives insuring protection of their revenue streams and the reps will want to be hero’s. Probably more senators from states without upper end schools too. Delaware, S.D., Idaho, etc. get two votes too. Heck would TN split their votes if one is VAN and/or Memphis centric?

Once it is not a moving target I think they will shoot at it.

It's not universally hated. The opposing views here prove it.

 

[GUNTERSVOL]

Doubtful, because it puts the NCAA and the clearinghouse in the position of interfering in a private business arrangement between two third private entities. NIL can't be capped by the NCAA or a school because the schools don't pay it.

The limitation is on the individual school, not the player. He is free to get his money and go elsewhere.

 

[unfrozencvmanvol]

This has always been a key issue...you can't stop someone from taking NIL and those are governed by state laws.

Unless Congress acts. I keep telling people, only Congress has the power to fix this. And they are already involved. It is their laws the old model violated (antitrust), only Congress can change them to make a compromise that saves the non-revenue sports, keeps football associated with the universities, and provides for revenue sharing with athletes, limitations on transfers and other common sense measures all legal. The parties can't do it, the courts can't do it, only Congress can take anti-trust concerns off the board. It's an admittedly desperate situation for the sport to be in, but it's the reality.

 

[1world1love]

Unless Congress acts. I keep telling people, only Congress has the power to fix this. And they are already involved. It is their laws the old model violated (antitrust), only Congress can change them to make a compromise that saves the non-revenue sports, keeps football associated with the universities, and provides for revenue sharing with athletes, limitations on transfers and other common sense measures all legal. The parties can't do it, the courts can't do it, only Congress can take anti-trust concerns off the board. It's an admittedly desperate situation for the sport to be in, but it's the reality.

Congress cannot make a law that restricts NIL income for individuals. That horse left the barn and isn’t coming back.

 

[VOLLeeann]

Damn Dems!!

 

[S.C. OrangeMan]

Unless Congress acts. I keep telling people, only Congress has the power to fix this. And they are already involved. It is their laws the old model violated (antitrust), only Congress can change them to make a compromise that saves the non-revenue sports, keeps football associated with the universities, and provides for revenue sharing with athletes, limitations on transfers and other common sense measures all legal. The parties can't do it, the courts can't do it, only Congress can take anti-trust concerns off the board. It's an admittedly desperate situation for the sport to be in, but it's the reality.

Exploiting college athletes is unrelated to common sense.

 

[S.C. OrangeMan]

The limitation is on the individual school, not the player. He is free to get his money and go elsewhere.

No, it isn't. The $600 cap is in individual NIL before the NCAA can interfere if the proposed settlement goes through. It doesn't put limits on the schools at all.

 

[Ned Ray McWorkher]

NIL is not the problem. It's the ridiculous transfer rules. I'd allow one transfer unless your head coach leaves. That's plenty.

 

[MinisterofDef#92]

Unless Congress acts. I keep telling people, only Congress has the power to fix this. And they are already involved. It is their laws the old model violated (antitrust), only Congress can change them to make a compromise that saves the non-revenue sports, keeps football associated with the universities, and provides for revenue sharing with athletes, limitations on transfers and other common sense measures all legal. The parties can't do it, the courts can't do it, only Congress can take anti-trust concerns off the board. It's an admittedly desperate situation for the sport to be in, but it's the reality.

I agree but Congress rarely fixes anything and they are a big reason reason we find ourselves here to start with (student-athletes anyone) so I really don't want them picking winners (universities) and losers (athletes). Just because they pass some law(s) doesn't mean they will stand up to SCOTUS scrutiny as we have seen firsthand.

 

[S.C. OrangeMan]

NIL is not the problem. It's the ridiculous transfer rules. I'd allow one transfer unless your head coach leaves. That's plenty.

Nothing ridiculous about it. Every student has the legal right to transfer as often as they want. That includes athletes.

Why do you want to discriminate against athletes?

Fortunately, the federal courts disagree with you.