Ed O'Bannon's plight | Page 2 | The Boneyard

Ed O'Bannon's plight

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The Funster

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I think "pay for play" and the rights issues have to be looked at, and dealt with, seperately. If names, images and likenesses are going to be used, those athletes should receive some form of compensation. They shouldn't be asked to sign those rights away. Game developers would have to be careful if they wanted to avoid compensation. They want to capture each team, each year as a unique identity nd that may be hard with crossong the image and likeness line but hey, that's business. If they cross that line, there should be some compensation for those players that deserve it.
 

Husky25

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I think "pay for play" and the rights issues have to be looked at, and dealt with, seperately. If names, images and likenesses are going to be used, those athletes should receive some form of compensation. They shouldn't be asked to sign those rights away. Game developers would have to be careful if they wanted to avoid compensation. They want to capture each team, each year as a unique identity nd that may be hard with crossong the image and likeness line but hey, that's business. If they cross that line, there should be some compensation for those players that deserve it.

I had NCAACollege Basketball 1999 for the PlayStation and of course I played with UConn. The roster was relatively accurate with a few exeptions, which at the time I remember thinking was for licensing purposes. For instance Soulyemane Wane had a much lighter complexion and wore #33. Basically if there were enough of these exceptions, EA could claim that they were not using the players' likeness.
 
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A great many teaching assistants and such are salivating at the prospect of the players winning this fight. It would totally upend the way universities have operated with a great many of their "interns" over the years.
 

Mr. Wonderful

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I would be happy if Ed O'Bannon lost this case if the NCAA were sanctioned from selling the player's image in venues not related to the broadcasting of the sports the athletes participate in. It's weird that they can sell the images in any other context without the players being able to stop it or see a dime of the take.
 
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I'd say the ones getting the most out of it are not the universities but rather the NFL and NBA. They get great developmental leagues without any concern over liability or responsibility for them. And I don't think it's economically feasible to pay the athletes. It's funny, on this board there's a thread about how insane college tuition has gotten and yet when people start talking about the value of a scholarship for athletes it seems that cost gets minimized in the discussion. As it is, outside of football and hoops, most college sports lose money and they rely heavily on revenue from those two to help support them. If you pay the football players guess what - you're going to have to pay all of your athletes, in every sport. Maybe I'm way off on this but I seriously doubt a lot of schools could handle this. You'd see tuition go way up again and/or a bunch of sports getting the axe - neither of which is a desirable outcome IMO.

Excellent post as it is already most colleges go into deep debt trying to maintain a top football,BB,WBB and all the other sports necessary to compete in major BCS level program!Kids dream of being able to reach that level of competition for exposure and the free VERY expensive education and all the perk's they get in comparison to the regular pay as you go student!No one made Ed O'Bannon make the decision to take his scholly! Pro sport's didn't work out for him so now he goes the litigation route?You (O'Bannon) still have your education to fall back on...use it!
 
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And while paying student's are eating "Cup o Soup" the athlete's eat like their at the court of King Louis the Sun King enjoying a smorgasborg of steak ,shrimp, lobster at the training table and given individualised training and tutoring!!Life is tough!!!
 
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Even in triple a baseball the players don't half 1/10th of the benefits the college players have, the sauna, hot, cold tubs, state of the art, weight rooms, training tables, etc.
 
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Judge will allow current player to join O'Bannon suit

"Lawyers representing the plaintiffs in an antitrust suit concerning college athletes' names, images and likenesses will be allowed to amend their complaint against the NCAA and two co-defendants and to add a new named plaintiff who is a current college athlete, U.S. District Judge Claudia Wilken ruled Friday."

"Wilken's decision to allow the plaintiffs to make these modifications could be viewed as indication she is leaning toward certifying the case as a class action in some form."

"However, if Wilken certifies the suit as a class action, it could allow thousands of former and current football and men's basketball players to join the case. That could create the possibility of a damages award in the billions of dollars. In addition, if the plaintiffs were to get everything they have said they are seeking, it would force the establishment of an entirely new compensation arrangement for current NCAA Bowl Subdivision football players and Division I men's basketball players – one under which "monies generated by the licensing and sale of class members' names, images and likenesses can be temporarily held in trust" until their end of their college playing careers."

http://www.usatoday.com/story/sports/college/2013/07/05/ed-obannon-ncaa-likeness-lawsuit/2492981/
 
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I'd say the ones getting the most out of it are not the universities but rather the NFL and NBA. They get great developmental leagues without any concern over liability or responsibility for them. And I don't think it's economically feasible to pay the athletes. It's funny, on this board there's a thread about how insane college tuition has gotten and yet when people start talking about the value of a scholarship for athletes it seems that cost gets minimized in the discussion. As it is, outside of football and hoops, most college sports lose money and they rely heavily on revenue from those two to help support them. If you pay the football players guess what - you're going to have to pay all of your athletes, in every sport. Maybe I'm way off on this but I seriously doubt a lot of schools could handle this. You'd see tuition go way up again and/or a bunch of sports getting the axe - neither of which is a desirable outcome IMO.

First half of this is right IMO. free developmental leagues are great for NCAA and great for NFL, NBA etc.

But the idea that a whole slew of sports would get the axe is wrong. Colleges have sponsored sports forever, before TV revenue, as they are a marketing/cultural tool for the universities.

Also, paying players does not mean millions of dollars. Likely, it will depend on athletic revenue a school produces. So kennesaw state bball players arent going to be buying Escalades.

Finally, if it comes to pass, you may see more students who noe choose education/college experience/exposure over leagues like DLeague/MLB minors choosr the professional option.

If OBannon wins likely there will be structural changes. But as is always the case, chicken little types are overstating the demise of collegiate athletics.

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This is chugging along toward a victory for the O'Bannon plaintiffs. The athletes will likely be paid for use of their photo, image, etc, but not for merely playing at the college level. The funds will be dispensed under a formula and be escrowed until graduation or beyond. If a product advertiser can't use the likeness of a celebrity without compensation neither should a University or Game Manufacturer use the likeness of the player without direct compensation to that individual. The ruling once made will seem both obvious and fair --- and the sky won't fall on college athletics.
 
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