Ed O’Bannon Plaintiffs Score Major Victory Over NCAA in Legal Proceedings, Can Claim Live Broadcast Revenue
Ed O’Bannon case plaintiffs have scored a significant victory in legal proceedings against the NCAA. The judge will permit expansion of their claim to live broadcast revenue as well as rebroadcast revenue. This decision expands the potential liability, into the billions of dollars. It forces the NCAA to argue the merits of the case in court.
This ruling continues what has been a substantial couple of weeks for the NCAA. The organization embarked on Mark Emmert’s touchstone project, rationalizing the rulebook. The reforms were overshadowed, though, by the NCAA scuttling its Miami investigation through its own improper conduct and by the continued unwillingness to take inconvenient action against North Carolina football and basketball over an academic scandal. The POTUS also kindly suggested the NCAA address player safety, an issue more important than the insidious “athletes using marijuana like any other students” epidemic.
NCAA authority rests on a smoke cloud that is clearing rapidly, even for athletic directors. The present amalgam of problems is existential. Comprehensive reforms to what have become de facto professional sports are inevitable. Whether the current leadership can respond proactively, striking a broad compromise on “amateurism” and refocusing efforts toward protecting student athletes, remains to be seen.
[Photo via USA Today Sports]

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101 Responses to “Ed O’Bannon Plaintiffs Score Major Victory Over NCAA in Legal Proceedings, Can Claim Live Broadcast Revenue”
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January 30th, 2013 at 2:44 PM
Still convinced Emmert was the inspiration for Hugo on Bob’s Burgers.
January 30th, 2013 at 2:46 PM
You really should write for Pitchfork. I agree though.
January 30th, 2013 at 2:48 PM
Ron Jeremy in critical condition
http://www.tmz.com/2013/01/30/ron-jeremy-hospitalized-aneurysm-porn-star/#ixzz2JU5u9Mya
January 30th, 2013 at 2:49 PM
Lol
January 30th, 2013 at 2:49 PM
That’s an insult to Duffy. He’s not an asshole
January 30th, 2013 at 2:50 PM
Gene assuming the identity of Bob in the last episode: Great bit of TV or greatest bit of TV?
Really pulling for O’Bannon & Friends on this, hadn’t even considered broadcast revenues being a piece of it, that’s a lot of coin
January 30th, 2013 at 2:50 PM
So if they won their suit, live event licensing fees were required, etc., broadcasting live college sporting events becomes more expensive, doesn’t it naturally follow that fewer games will be shown on TV?
Thanks a lot, Ed O’Bannon.
January 30th, 2013 at 2:50 PM
Just leave CFB alone. That’s all I ask.
January 30th, 2013 at 2:51 PM
i’m getting excited that we might soon replace duckworth’d by jeremy’d
January 30th, 2013 at 2:51 PM
It was killing me. Highlight of the series thus far.
SUUUUUUUUUUUUUUUUUUUUUUUUUUUUUUAREZ
January 30th, 2013 at 2:53 PM
Guess that answers the “who is the most worn out pornstar” debate from yesterday. Someone said the hedgehog, so they win the prize.
January 30th, 2013 at 2:55 PM
It’s great the NCAA tried to get the suit thrown out based on a technicality. The judge said the need to argue the case on its merits.
January 30th, 2013 at 3:00 PM
Brief Ron Jeremy story 1: He met my friend who was a liqour rep in New Orleans a couple years ago and totally creeped on her over multiple evenings.
Brief Ron Jeremy story 2: Same friend gave me a bottle of his rum. Much better than you would expect.
January 30th, 2013 at 3:01 PM
Yeah. It must have been so hard getting a killer education at UCLA and playing basketball. Poor guy.
January 30th, 2013 at 3:02 PM
Had no idea he had a rum. This might be the best picture of him ever taken.
January 30th, 2013 at 3:03 PM
As am I. It’s still crazy how quickly news turns old now.
January 30th, 2013 at 3:03 PM
Okay, doesn’t mean he wasn’t deserving of more
January 30th, 2013 at 3:04 PM
More accurate?
January 30th, 2013 at 3:05 PM
A killer education at UCLA? Geology and Comm are pretty much the same everywhere right?
January 30th, 2013 at 3:05 PM
/ Gazes shyly down at shoes, twists foot
// Demands prize be paid in fifths of Bulleit
January 30th, 2013 at 3:06 PM
I’ll wager your friend did very well financially.
January 30th, 2013 at 3:07 PM
Holy shit it’s called Ron de Jeremy Rum. What a name, seeing as ron means rum in Spanish. Newfound respect for him.
January 30th, 2013 at 3:07 PM
He wasn’t forced to go there. He knew the rules going into it. Doesn’t an implicit acceptance of the NCAA bylaws preclude this from being a by-law?
Why do I feel like this is much more about “failed pro bball player who has no marketable skills looks for lazy method of income” than “former college student looks to establish fairness for all”
January 30th, 2013 at 3:08 PM
I’m hoping Ed O’Bannon will celebrate this victory by buying himself a nice Gucci backpack.
Also, can someone answer the question: does Emmert wear a toupee? Because that hair just don’t look right on an old dude.
January 30th, 2013 at 3:08 PM
January 30th, 2013 at 3:09 PM
Oh sweet fallacy
January 30th, 2013 at 3:09 PM
Hot buttered Ron.
/ Vomits violently
January 30th, 2013 at 3:09 PM
He wasn’t if you ask me. He was given access to the best professors, trainers, coaches and tutors that other kids would have had to shell out hundreds of thousands of dollars for over his 3-4 years. He was given plenty. The dude who makes $40k a year in the big firm helps them make billions. Doesn’t mean he should sue and ask for more. O’Bannon was paid. If you want to argue he was underpaid have at it, but he was in fact paid.
January 30th, 2013 at 3:11 PM
Forget it, he’s trolling.
January 30th, 2013 at 3:11 PM
At GT they made us sit through a 2+ hour meeting each semester to go over the rules. I don’t see how this guy has a case.
January 30th, 2013 at 3:12 PM
All of this. Dude was sitting there selling cars in Vegas when he thought, “damn, I wish I had millions off of my talent, but I’m not good enough, so I’ll sue the NCAA and see what happens.”
January 30th, 2013 at 3:13 PM
In general I agree, but I’m with O’Bannon in the sense that the NCAA clearly uses player likenesses/etc. in their video games and similar entertainment media. I highlight doubt a D-1 scholarship includes your personal licensing/advertising rights.
Your company isn’t going to put your face/likeness on its marketing materials/product covers/etc. without your permission.
If they had just used random numbers/players/etc. I think it’s a non-issue.
January 30th, 2013 at 3:14 PM
I just find it amusing that the same people here who rip baseball for its (not true) lack of parity want a decision which will only serve to decrease parity.
If a player has a right to revenue, players for teams with greater revenue should get paid more. If you expect it to become a pool paid out to everyone, that has nothing to do with revenue and only with selfishness. No one gives a shit about Buffalo-Toledo TV rights. So basically any school with a TV network would pay the most and get all the players. It makes no sense to me.
January 30th, 2013 at 3:15 PM
No I’m not. Dude was paid to play. Would it make you feel better if he was given a check for, say, $250k when he signed, but he had to then pay his tuition and room and board? Wasn’t give per diem checks when traveling and had to cover all of that?
January 30th, 2013 at 3:15 PM
That’s exactly what I said…
This doesn’t seem right but I’m not enough of a law-talkin’ guy to know for sure what the exact details of this case are…could be that NCAA bylaws are unlawful and just haven’t been challenged until now so I don’t think agreeing to them matters if they are in fact not legal
January 30th, 2013 at 3:16 PM
The NCAA video game thing I can see. They should have the right to use your likeness while you’re on the roster. The moment you leave they school they should have to get your written consent.
January 30th, 2013 at 3:17 PM
// Demands prize be paid in fifths of Bulleit
I finally had some of that that Rye – garbage.
January 30th, 2013 at 3:17 PM
But that makes your argument all well and good, but useless in court. But Judge, I should have been paid this amount!! Judge: We’re all underpaid, dude. Get over it.
January 30th, 2013 at 3:17 PM
I disagree. Many giveaways and companies basically state they can use your likeness in revenue-generating materials. It just never comes up for most of us. All the NCAA needs to do is put a waiver in the NCAA clearing process, and then no one can complain. No one is going to turn down a full-ride to Alabama because they don’t want their face used, and play D-III ball instead. It’s just a crutch used by Duffy to make an unrelated point, just like the player safety and everything else, because he has no real logic at his disposal.
January 30th, 2013 at 3:18 PM
In the end, the NCAA and its member schools and companies working in conjunction with the NCAA and its member schools will use generic likenesses, generic numbers, etc. and will ruin the fun for everyone… except the nerds who custom create rosters and sell them discreetly on the Internet. Way to go, killjoys.
January 30th, 2013 at 3:18 PM
I finally had some of that that Rye – garbage.
That’s disappointing to hear. Have you tried this rye before?
January 30th, 2013 at 3:20 PM
In-state tuition at UCLA in 2013 costs $12,692. I doubt it was that high in the mid-90′s. He was the MOP of the NCAA tourney at a place that values championships in college basketball, he might deserve a little more than that.
Was there a video-game likeness bylaw back then?
January 30th, 2013 at 3:20 PM
This may be true, but should be easy to make lawful. If they put a clause
“all NCAA scholarship athletes agree to perpetual use of their likeness in marketing and other endeavors, including video games limited to representing the athlete during their time under NCAA jurisdiction”
what D1 player is going to not sign it, and give up a football career and free education out of principle.
January 30th, 2013 at 3:20 PM
Not without your signature confirming this. They can’t just use your likeness without your permission, which is essentially what the NCAA did.
January 30th, 2013 at 3:20 PM
I suspect the NCAA will have to pay for their video game stuff, and I don’t have a problem with that. But people who think players aren’t paid are grossly misinformed. They’re paid quite handsomely, actually.
January 30th, 2013 at 3:20 PM
You don’t seem to be understanding the point of this lawsuit, it’s not about getting compensated more to play sports, it’s about the branding
January 30th, 2013 at 3:21 PM
that’s the best one by far ms621. Unequivicolly. A step and half above what I’ve tried so far.
January 30th, 2013 at 3:21 PM
Today out of state while living off campus is $51K. So not including trainers, coaches, tutors, medical staff and facility use, that puts the tab at more than $200k for 4 years.
January 30th, 2013 at 3:22 PM
I’m not sure anything in the NCAA bylaws is “illegal” though, even if you think it’s immoral for them to take advantage of their athletes the way they do.
January 30th, 2013 at 3:22 PM
OSU and Michigan should be in different divisions. Just move “The Game” to the middle of the season.
January 30th, 2013 at 3:22 PM
that’s the best one by far ms621. Unequivicolly. A step and half above what I’ve tried so far.
I’m not a huge rye drinker, but I really enjoyed the bottle of that that I had last summer.
January 30th, 2013 at 3:23 PM
That Royce White article was tough to read. I felt like I was on the couch listening to my stoned friend ramble on about how everybody has issues.
Only I was the friend and the reflection off the turned off television was the one being annoyed.
/because the stoned guy couldn’t find the energy to find the remote.
Wait, what.
January 30th, 2013 at 3:23 PM
I know that. I was referring to people who think college players aren’t paid. I agree that once the kid is out of the school the NCAA should not be allowed to use his/her likeness without written consent. The NCAA will take it in the shorts for that.
January 30th, 2013 at 3:25 PM
Ed O’bannon is from California.
January 30th, 2013 at 3:25 PM
No one was suggesting otherwise…
January 30th, 2013 at 3:26 PM
28k for living off campus, 23 on, for in state residents.
Oh no how awful it is making more in benefits than most people do their first few years out of college.
January 30th, 2013 at 3:27 PM
Anyone tried the Sierra Nevada Ruthless Rye?
January 30th, 2013 at 3:28 PM
Trying to get your ass kicked boy?
/spits
January 30th, 2013 at 3:28 PM
No. 26 seemed to be doing just that.
And No. 56 was spot on.
January 30th, 2013 at 3:30 PM
Bulleit’s not rye.
January 30th, 2013 at 3:31 PM
soused there’s a Bulleit green label that is a rye, and it’s more expensive than their normal.
I drank Jefferson’s this weekend, very much enjoyed it.
January 30th, 2013 at 3:34 PM
I forget, do most people win national championships and have their likeness put on videogmes? Or are you just missing the point?
January 30th, 2013 at 3:34 PM
Drinking Thursday at midnight after a month off, there will be blood.
January 30th, 2013 at 3:34 PM
I had my shot at Pappy Van Winkle 23 and passed it up while I was in L’ville a few weeks ago. It was $30 for a single.
January 30th, 2013 at 3:34 PM
Tried it once, sticking with the bourbon.
January 30th, 2013 at 3:35 PM
The likeness stuff I’ll grant you. If the NCAA nips that in the bud we’re all good, though, right?
January 30th, 2013 at 3:35 PM
But people who think players aren’t paid are grossly misinformed. They’re paid quite handsomely, actually.
agreed. this arguement pisses me off, because they are, in fact, paid. why is this so hard to understand?
also, drink TX whisky. its tits.
January 30th, 2013 at 3:36 PM
I actually agree with the likeness stuff, not retroactively whatsoever, but going forward sure.
And the result is going to be no more NCAA video games.
January 30th, 2013 at 3:37 PM
I drink your Bulleit!
January 30th, 2013 at 3:38 PM
Being able to give athletes free education and claim its value as being the same as tuition to other students is brilliant since it can’t cost the university near that amount to actually educate the players…sure the school might charge the athletic department for tuition but that’s just moving money from one pocket to the other unless there’s something in the legal makeup of a university I’m unaware of
January 30th, 2013 at 3:38 PM
I’ve been preaching this since last summer.
January 30th, 2013 at 3:38 PM
Nah, it will be like I mentioned earlier. Generic names, numbers, faces, etc. with some nerd on the Internet editing all the rosters to be 100% perfect outside of EA Sports, etc. control.
January 30th, 2013 at 3:39 PM
Recently sampled some Middleton Irisn whiskey. $26 a glass, but worth it.
January 30th, 2013 at 3:39 PM
Nada, your question about Emmert and the toupee is valid one. Something I asked myself dozens of times while he was at UW. No 60+ year old should have the helmet haircut. But that dude sleeps in a suit, looks the exact same every time you see him.
January 30th, 2013 at 3:39 PM
Good point. Actually could be a lot like Pro Evolution Soccer, the big competitor to FIFA, they just throw the name of the city and the color of the jersey as the team name instead of the actual name, everyone know who is who though. (Don’t think this is the case anymore but for the longest time EA had all the rights outside a few clubs and that was their workaround).
January 30th, 2013 at 3:40 PM
they will show the same amount of games I bet, but keep an eye on that cable bill, because it will surely go up.
January 30th, 2013 at 3:40 PM
I enjoy that stuff.
Rebecca Creek whiskey and Enchanted Rock vodka are also owned by some local people here. They aren’t bad if you can find them.
January 30th, 2013 at 3:41 PM
Make the same argument for foxconn workers or sweatshops, you’re paid shut the fuck up!
January 30th, 2013 at 3:41 PM
I expect documentation.
January 30th, 2013 at 3:41 PM
Reminds me a little of Christopher Dodd’s old hairstyle, which also never looked quite right for a man his age.
January 30th, 2013 at 3:42 PM
Yep. With all of the Internet connectivity and editing ability by Joe Schmo’s, obtaining expensive licenses doesn’t seem necessary.
January 30th, 2013 at 3:42 PM
Special occasion or just Thursday night?
January 30th, 2013 at 3:43 PM
Make the players clock in and pay them minimum wage then. See if they can afford that out-of-state tuition.
January 30th, 2013 at 3:44 PM
Make the same argument for foxconn workers or sweatshops, you’re paid shut the fuck up!
yes, sweatshops are the same as an NCAA football player. You need to hit the sauce.
January 30th, 2013 at 3:45 PM
drink TX whisky. its tits
I’ve been preaching this since last summer.
the stuff is unreal. nice sweetness, and I can drink it with one ice cube.
January 30th, 2013 at 3:46 PM
Hey, GG, I finally caught up on my Supernatural DVRs. Sad to see Benny go, not at all sad to see Amelia go. And the Renaissance Faire episode was pretty funny, especially the Braveheart ending.
January 30th, 2013 at 3:46 PM
20-year-old me would have been literally depressed over this. Now I couldn’t care less. But Ritty is right. They’ll go out of their way to make sure the game players don’t resemble the real players.
January 30th, 2013 at 3:47 PM
Then there was Tex … nobody knew where he was from.
January 30th, 2013 at 3:48 PM
I got some of those rock things as a stocking stuffer to replace ice when drinking booze. Haven’t tried them out yet. May do that tonight since the wife wants to keep watching The Following.
January 30th, 2013 at 3:51 PM
I took the month off drinking to coddle my uppity liver.
Listen cunts, just because tuition goes up 500% does not mean value does as well. Cost $400,000 to pay a team minimum wage given the 20 hours rule, which is hilarious really that a 20 hour rule has the audacity to exist as such an obvious lie.
Monetary exploitation exists whether you are dying in a coal mine or banging tens in a dorm room.
January 30th, 2013 at 3:54 PM
Woodford Reserve is tits
January 30th, 2013 at 4:00 PM
Fine. I propose we base college athlete wages on the Soused Value Index. It’s directly related to market prices and/or how much booze Soused has consumed.
January 30th, 2013 at 4:02 PM
I drank Jefferson’s this weekend, very much enjoyed it.
the rye or the whiskey
January 30th, 2013 at 4:02 PM
*global economy collapses … over the toilet*
January 30th, 2013 at 4:03 PM
It was their “Very Small Batch” bourbon, their standard if I’m correct.
January 30th, 2013 at 4:05 PM
I live in one of the most expensive cities in the world for booze and internet so that would be very volatile.
How about we let each conference set the rate averaged amongst them even though there are tremendous opportunities to cheat the index for monetary gain.
/Libor’d
January 30th, 2013 at 4:06 PM
Ha. I liked your idea last week when you thought I had leaked a spoiler that Amelia was a demon that got sent back.
January 30th, 2013 at 4:11 PM
First of all it’s only 15K to attend UCLA for a Cali resident. They start adding things into the total that may or may not cost that much. They come up with room and board of 4k for living at home. Seriously? Try again.
Secondly, if nothing else they can use the NCAA as a monopoly by requiring all schools to make the athletes sign off the ability to use their likeness forever. As many of these things didn’t exist when say, Russell or Oscar were in school, it would need some serious revision, as they had no choice in the matter regarding new technology. The judge allowed the live broadcast provision in the suit, but was skeptical of it , as she should be. It should be, once a scholarship is done, so are the rights. That does leave one large problem though, which has only been slightly addressed: What about walk ons?
The likeness bylaw is part of the scholarship, not part of some agreement that allows them to play on the team. The Ivy League schools have no scholarships. Clay Matthews is maybe the most prominent walk on right now, but there are surely others in NCAA basketball. It’s doubtful the NCAA has the rights to their likeness’ at all.
January 30th, 2013 at 4:13 PM
So this is how Ed O’Bannon’s making money since his pro career wasn’t worth a shit….I’m sure his family is proud.
/He’s a piece of shit
January 30th, 2013 at 4:49 PM
That was the whole point of the lawsuit. It’s been expanded, first, to include the sale of DVDs of games and other things including past players and now, apparently to get current players a cut of revenue made off of them (through jersey sales and the like) after they graduate.
January 30th, 2013 at 4:55 PM
What a weird comment thread. Everybody stayed on topic and it seems like nobody mentions that yes, in fact, you do sign away your likeness for all eternity when you sign your LOI and that there are lots of things in NCAA bylaws that are legally dubious but they are tough to suss out because of the NCAA’s legal monopoly status.