The court would be enforcing the old contract's terms, here the Big12's. I'm sure they have planned for that.
So sure huh?
you'd think that being a ND person, you might grasp what I'm talking about. After all, ND owes it's independence to the fight Oklahoma and Georgia took to the Supreme Court 30 years ago. ND was the first program to cash in on the new rules, and the television networks quickly realized (as well as the NCAA itself - when the revenue sharing went haywire for a few years) that it was insanity for individual programs to contract their own media rights. ND still remains independent because of Ebersol hinging the entire sports branch of the network on Notre Dame football and paying through the nose for it long term. BYU was able to work out it's independence through ESPN money years later, and because there are millions of Mormons in the country that support the school. BOth schools, are going to have more and more difficulty scheduling in the future. Notre Dame has two decades of experience in learning how to leach off of existing conferences for scheduling and maintaining their athletic department and sports, while BYU has gone a different kind of route. The military academies are different stories - and probably the only institutions left on the map, that have maintained the integrity of athletics and academics around revenue streams since the mid 1980s. The rest of the intercollegiate world around football has been caught up in a constantly changing money grab every few years ever since.
As an independent, you should grasp why these 'grants of rights' are nothing more than promise ring. A nice symbol of commitment, that in reality has no enforceable means of action, once the networks and broadcasting for games actually begin. Maryland isn't one bit concerned about the ACC grant of rights, and never has been. They don't want to pay $50 mill to leave. The grant of rights will not be enforceable. They will concede the grant of rights to get the exit fee dropped significantly if they need to, and then fight it later. The ACC leadership is probably dumb enough to accept it.
Trust me, there is NO way, that the Big 10 network (for example) is going to incur the expenses of broadcasting, justify charging the subscription fees, get the advertisements, etc...for a Maryland home games and away games vs. Big 10 opponents - and then turn over the profits to ESPN. Nor are they going to let ESPN come in and broadcast say - Maryland home games, and bring in all their own subscribers, advertising, etc....
Nor is Fox going to do it for CBS, or the Pac 14 network for the SEC network, etc. etc. The only possible recourse that can be upheld, will be to take the revenue from a program like Maryland's for non-conference away games and calculate a percentage off it, if anything at all - IF and only IF - the broadcasting company looking to collect - owns the rights to the program that program like Maryland is playing away against.
Protecting schools from things like a grant of rights, is probably the ONLY positive thing, that the 1984 anti-trust suit against the NCAA has done.
Let me put it this way....I have as much confidence in the grant of rights concept holding up if it's ever tested, that I did in the Big East lasting until the end of 2011, after Villanova had a year and half to come up with a plan to upgrade football to 1A, and came back to the table in spring 2011 with a shoebox diorama, and plan to play in an 18,000 seat soccer stadium, the management of which they hadn't even consulted yet.
So sure huh?
you'd think that being a ND person, you might grasp what I'm talking about. After all, ND owes it's independence to the fight Oklahoma and Georgia took to the Supreme Court 30 years ago. ND was the first program to cash in on the new rules, and the television networks quickly realized (as well as the NCAA itself - when the revenue sharing went haywire for a few years) that it was insanity for individual programs to contract their own media rights. ND still remains independent because of Ebersol hinging the entire sports branch of the network on Notre Dame football and paying through the nose for it long term. BYU was able to work out it's independence through ESPN money years later, and because there are millions of Mormons in the country that support the school. BOth schools, are going to have more and more difficulty scheduling in the future. Notre Dame has two decades of experience in learning how to leach off of existing conferences for scheduling and maintaining their athletic department and sports, while BYU has gone a different kind of route. The military academies are different stories - and probably the only institutions left on the map, that have maintained the integrity of athletics and academics around revenue streams since the mid 1980s. The rest of the intercollegiate world around football has been caught up in a constantly changing money grab every few years ever since.
As an independent, you should grasp why these 'grants of rights' are nothing more than promise ring. A nice symbol of commitment, that in reality has no enforceable means of action, once the networks and broadcasting for games actually begin. Maryland isn't one bit concerned about the ACC grant of rights, and never has been. They don't want to pay $50 mill to leave. The grant of rights will not be enforceable. They will concede the grant of rights to get the exit fee dropped significantly if they need to, and then fight it later. The ACC leadership is probably dumb enough to accept it.
Trust me, there is NO way, that the Big 10 network (for example) is going to incur the expenses of broadcasting, justify charging the subscription fees, get the advertisements, etc...for a Maryland home games and away games vs. Big 10 opponents - and then turn over the profits to ESPN. Nor are they going to let ESPN come in and broadcast say - Maryland home games, and bring in all their own subscribers, advertising, etc....
Nor is Fox going to do it for CBS, or the Pac 14 network for the SEC network, etc. etc. The only possible recourse that can be upheld, will be to take the revenue from a program like Maryland's for non-conference away games and calculate a percentage off it, if anything at all - IF and only IF - the broadcasting company looking to collect - owns the rights to the program that program like Maryland is playing away against.
Protecting schools from things like a grant of rights, is probably the ONLY positive thing, that the 1984 anti-trust suit against the NCAA has done.
Let me put it this way....I have as much confidence in the grant of rights concept holding up if it's ever tested, that I did in the Big East lasting until the end of 2011, after Villanova had a year and half to come up with a plan to upgrade football to 1A, and came back to the table in spring 2011 with a shoebox diorama, and plan to play in an 18,000 seat soccer stadium, the management of which they hadn't even consulted yet.
NotreDameJoe, post: 915473, member: 4632"]I can't help you with your historical fiction but at least you should know how a contract works. Two parties exchange promises (I paint your house, you pay me $). IF they want to agree to be legally bound by the promises then they form a contract, usually written down and signed.
The school holds the rights to her own home football games, mostly the right to broadcast them to a greater audience. If a conference of schools decides their rights are more valuable when pooled together then the individual schools contract to GRANT them to the conference. (and if they decide they'd rather hang onto their own rights, they just remain independent). Now the conference as a corporate entity owns the rights to any home games during the contract's duration.
ESPN doesn't get a vote as to whether to pay the school or the conference or another network, they go by what the signed contract says. IF espn didn't pay the right people then they themselves wind up in court. Similarly if a camera crew tried to tape a football game without the rights to do so, they get sued by the rights holder. If you don't believe me, try walking into Gillette with your own camera crew next fall.
UVA just had their best season in decades losing in the Sweet 16 to a team that was smoked by UConn.
Maryland never signed the ACC Grant of Rights. They had given notice prior to its execution.
The ACC/Maryland lawsuit is about exit fees, not a GOR.
This is a simplistic view of things. There is much more to a media contract than I pay you to paint my house. Almost every case of media rights (many times in the recording industry) the publishing company does hold the rights, but still must pay what the original contract specifies. Conference by-laws mean nothing if the courts decide the are in breach of the GoR. There is precedence that they just may be.
Yet, you are missing the final piece of the puzzle: the conference has sold those rights to the media outlet (ESPN, Fox, NBC/Comcast, ext.). Since they are sold (or leased), ESPN can do whatever they want with them. The GoR isn't about keeping schools in conferences, it's about making sure the media gets to keep what they pay for. They don't want Kansas basketball out of their inventory. ESPN could care less if they are in the Big12, they just want to be able to broadcast them (and the advertisements that go along with them). In fact, some might say that ESPN might want them in the Big10. Imagine the match ups: Kansas vs Indiana, Kansas vs MSU, Kansas vs Michigan, ect. (and with UConn, if they were in the Big10). The only thing the conferences do is distribute the media payouts. That's the only card the conferences have. The Big12 can't deny ESPN what they paid for.
Just like if The Big12 denied payment to a school if they left the conference. If The Big12 didn't pay Kansas, they would be in breach of contract. ESPN/Fox/NBC will pay for what ever contract says, obviously. Since ESPN/Fox has their hands in The Big12 and The Big10 broadcasting, why can't they just broadcast those games on their outlets in the Midwest and Northeast? They bought them. The Big12 can't say "You can't show Kansas' games, we forbid it." Then The Big12 would be in breach of contract and could lose payment.
Since ESPN/Fox works with both conferences, how could The Big12 prevent them from filming the games? They can't. Since ESPN has rights to The Big12's tier 1 games, and when would Kansas be a tier 1 game, Fox already has the rights to the tier 2/3 games. They bought them. They can do whatever they want with them. If they want to put them on the BTN (which they own 51% of), what's stopping them? The only real issue getting around a GoR is what's in it for the new conference. They are adding another mouth to feed without getting something back from the media, unless the new conference can get ESPN/Fox to pay more for something they already own (why there won't be An ACC Network anytime soon). The only way I see that if it was a huge move, like Texas (which isn't happening).
Thank you sir. Those games put SCU on the map. Of course, one of the most famous alum we got is Brandi Chastain. There are some good players in the WCC. I still remember UCONN played on the Pepperdine campus before heading out to Maui for that tournament back in 2006.
The only real issue getting around a GoR is what's in it for the new conference. They are adding another mouth to feed without getting something back from the media, unless the new conference can get ESPN/Fox to pay more for something they already own (why there won't be An ACC Network anytime soon). The only way I see that if it was a huge move, like Texas (which isn't happening).
There is even a chance they make more money from the B1G network then they might have from their other contract for broadcasting their 3rd tier rights.
This is a simplistic view of things. There is much more to a media contract than I pay you to paint my house. Almost every case of media rights (many times in the recording industry) the publishing company does hold the rights, but still must pay what the original contract specifies. Conference by-laws mean nothing if the courts decide the are in breach of the GoR. There is precedence that they just may be.
Yet, you are missing the final piece of the puzzle: the conference has sold those rights to the media outlet (ESPN, Fox, NBC/Comcast, ext.). Since they are sold (or leased), ESPN can do whatever they want with them. The GoR isn't about keeping schools in conferences, it's about making sure the media gets to keep what they pay for. They don't want Kansas basketball out of their inventory. ESPN could care less if they are in the Big12, they just want to be able to broadcast them (and the advertisements that go along with them). In fact, some might say that ESPN might want them in the Big10. Imagine the match ups: Kansas vs Indiana, Kansas vs MSU, Kansas vs Michigan, ect. (and with UConn, if they were in the Big10). The only thing the conferences do is distribute the media payouts. That's the only card the conferences have. The Big12 can't deny ESPN what they paid for.
Just like if The Big12 denied payment to a school if they left the conference. If The Big12 didn't pay Kansas, they would be in breach of contract. ESPN/Fox/NBC will pay for what ever contract says, obviously. Since ESPN/Fox has their hands in The Big12 and The Big10 broadcasting, why can't they just broadcast those games on their outlets in the Midwest and Northeast? They bought them. The Big12 can't say "You can't show Kansas' games, we forbid it." Then The Big12 would be in breach of contract and could lose payment.
Since ESPN/Fox works with both conferences, how could The Big12 prevent them from filming the games? They can't. Since ESPN has rights to The Big12's tier 1 games, and when would Kansas be a tier 1 game, Fox already has the rights to the tier 2/3 games. They bought them. They can do whatever they want with them. If they want to put them on the BTN (which they own 51% of), what's stopping them?
The only real issue getting around a GoR is what's in it for the new conference. They are adding another mouth to feed without getting something back from the media, unless the new conference can get ESPN/Fox to pay more for something they already own (why there won't be An ACC Network anytime soon). The only way I see that if it was a huge move, like Texas (which isn't happening).
Whatever helps Speckler to make an ounce of sense is great with me. In your scenario the Big12 would love broadcasts Kansas home games because the Big12 would be getting the money (assuming anyone actually watches KU football games) without really having a stake in the outcome. I highly doubt the Big12 could impose a media blackout on a current or former member.
Of course in real life KU just takes back her media rights and the BUG pays the Big12 a cash settlement. I doubt the BUG wants to test the GOR vs Kansas's Sovereign Immunity since that could also invalidate their own GOR.
Why would they "love" it? They would be losing a member and exposure. Again, why are schools playing big time intercollegiate sports? It's not to make money, it's exposure. You, as a ND fan, should understand that more than anybody else. Your independence is more than the fans and donors wanting independence, it's recruiting new students. Why do you have the scheduling contract with The ACC (and before with The Big East)? More potential students on The East Coast. The national brand of ND (and the NBC contract) puts you into more potential student homes than any other school, thus making the pool of better academic candidates much larger. Losing Kansas basketball removes one of the three national brands The Big12 has (Texas and Oklahoma football). It makes The Big12 more regional and in less homes of potential students. Not what the schools of The Big12 want.
Why would The Big10 care about invalidating it's GoR? The Big10 GoR is not in place to hold schools together. It's there to package the media and sell it for he best contract. The Big10 has more in common than a GoR. They are 12 (soon to be 14) large, highly rated universities that play sports against each other. They cooperate, have a system to help each other with research, have a system to allow students to take classes at each others school, and, except for UNL, are part of a research organization together. They are very alike. It's the academics that bind them together. The SEC, who has no GoR, has the southern culture and football that binds them. The Pac has academics (and the geography of half the country). The clamoring about The Big12 and ACC GoR's is because they are perceived as not strong enough to keep together on their own. I disagree about the ACC, but they aren't as strong as The Big10, SEC, and Pac as they are way to0 fragmented.
I personally don't think Kansas has enough to push The Big10 to break the GoR of The Big12. As part of a larger expansion? Yes, but Kansas alone from The Big12 isn't enough. It will cost money to litigate and is Kansas worth it? In the end, I think The Big10 will settle at 20 (4 pods of 5) and I think UConn will be one of the 6 added. Kansas? I really don't know.
The Big Ten didn't sign a GoR under duress but it was necessary due to the way the way each school gets an equity share into the Big Ten Network.
So some GORs are somehow nicer than others even though the rules are exactly the same. Got it.
The rules are not the same. Like contracts, each GoR is written differently to suit the needs of the partners. Sure, someday the The Big10 may not be in the position it is, but things sure aren't looking that way. The Big10 has some of the largest schools with some of the largest alumni bases in what is still one of the most heavily populated in the country. Guess who makes the most loyal fans? Alumni and their families. They also have something that holds them together, institutional culture. They have a common outlook on higher education.
As for football, if UConn returns to Charlottesville, tell the long snapper to watch where he's snapping.
You don't have to convince me that UConn would be a good addition to the ACC. I'm already impressed with the UConn athletics department and its potential. This other poster was once again pushing Rutgers. It seems that most of the time I get into good conversation about college athletics here on the boneyard someone wants to bring up Rutgers. My luck I guess.
Thanks for playing Sea Blue
Not trying to be a wise guy here, but what did you mean by "potential"? Are you saying you think we're *almost* a good athletic institution?
Potential to come into the ACC and add a couple of programs to sponsor varsity programs in all 27 ACC sponsored sports. I could see UConn with a men's lacrosse team if UConn were in the ACC for instance. There has been a lot of momentum and support for UConn athletics over the past 20 years. I could see UConn getting to the top 10 in the Director's Cup. The basketball is already there consistently.