OT: Florida State to sue ACC over GOR

[John]

You know...no BOT of any program got to review the top secret 2016 GOR...there are no copies on the net to be found...the ACC demanded that the GOR not be public information...

And North Carolina's and Florida's public record laws state that any matter that comes before or is voted on by a state policy board becomes public information. So BOT's did not vote/review the document. The ACC went to extraordinary lengths to prevent the information contained to be known...ain't it odd that no school bound by the GOR even had a copy?

Now, after FSU sent their lawyers last year to the ACC offices and demanded to review the top secret document, they were allowed to read it while supervised...no phones/cameras, nor notes taken.

And, ain't it funny that it was not known that the ACC Commissioner unilaterally signed an ESPN contract extension ? And isn't it a little funny that no one has known/reported that the ESPN contract extension only bound ESPN through 2026 ?

Of course the GOR is through 2036...but there is a klinker in the works...the rights are only granted by the schools as necessary for the conference to perform the contractual obligations expressly set forth in the ESPN agreement. And if there is a change in 2026...??

So if I willingly sign a contract without knowing what it says (who the efffff does that lol) I can challenge it years later by saying I signed without knowing what I was signing? This says a lot more about you than the conference

 

[FfldCntyFan]

Exactly! This is key! I mentioned this before, but every time I do, someone on here grills me that I need to provide proof!

The reality is that just because FSU is currently making this assertion, there is zero evidence that this is in fact the case. For reasons beyond anything I can comprehend you are taking the stance "it was posted on the internet so of course it is true".

I will take this further. If the ACC commissioner overstepped his authority in extending the renewal deadline, every ACC school that believes they would be better served with the GOR ball and chain removed (there has to be at least one or two beyond FSU) would have filed similar lawsuits immediately asfter FSU's lawsuit.

 

[UConnJim]

So if I willingly sign a contract without knowing what it says (who the efffff does that lol) I can challenge it years later by saying I signed without knowing what I was signing? This says a lot more about you than the conference

In my experience, if you sign a contract without reading it, the contract is still valid. But, it is your legal right to request a copy of a contract and the ACC would not provide one, but I think the contract is still enforceable. As for the President having the authority to sign a contract, that is trickier as they may or may not be authorized to sign a particular contract. FSU has been cashing the checks so it seems too late to claim the President was not authorized to sign the contract. If, say 2 weeks after the contract was signed by the President and the BOT declared the contract void, then the contract could be ruled invalid.

 

[nelsonmuntz]

In my experience, if you sign a contract without reading it, the contract is still valid. But, it is your legal right to request a copy of a contract and the ACC would not provide one, but I think the contract is still enforceable. As for the President having the authority to sign a contract, that is trickier as they may or may not be authorized to sign a particular contract. FSU has been cashing the checks so it seems too late to claim the President was not authorized to sign the contract. If, say 2 weeks after the contract was signed by the President and the BOT declared the contract void, then the contract could be ruled invalid.

I would be shocked if there is a precedent for a situation as ridiculous as this one, where a bunch of giant institutions signed a large contract which governs the distribution of hundreds of millions of revenue, and have gone through like 10 audit cycles, and almost no one involved has an actual copy of the contract.

I would say this absurd situation is going to break new legal ground one way or the other.

 

[Kolumbo]

I'm sure this info was already posted but I think this is a straightforward summary of the current situation

The Florida State-ACC negotiation will set the terms for more college football realignment

The ACC indicated a willingness to negotiate with Florida State in a court filing on Friday. If that happens, a divorce is likely coming.

www.on3.com

 

[Patman]

In my experience, if you sign a contract without reading it, the contract is still valid. But, it is your legal right to request a copy of a contract and the ACC would not provide one, but I think the contract is still enforceable. As for the President having the authority to sign a contract, that is trickier as they may or may not be authorized to sign a particular contract. FSU has been cashing the checks so it seems too late to claim the President was not authorized to sign the contract. If, say 2 weeks after the contract was signed by the President and the BOT declared the contract void, then the contract could be ruled invalid.

If they're arguing that the wrong person signed the contract this seems to be an admission that fsu knows that otherwise they have nowhere to go

 

[billybud]

FSU has seen this coming for a few years...

The CFP plan looks to be simple -

Step 1 reduce AQ's creating more P2s that they can get in via pumping up the teams in their conference. Easily done when you control the two primary media outlets that show games and talk about CFB.

Step 2 move to a pay for performance model like March Madness for each conference. So basically B1G, SEC, ACC, B12 and G5 get money for each team that makes the the CFP.

Once Step 1 is complete that might mean that the B1G/SEC will could have up to 12 teams in the CFP and probably a minimum of 6 or 7 and get 50-80% of all FCP money to themselves.

 

[NE Football]

I think they are just going to expand the tournament to 16 teams. 5 AQ’s and 11 at large. The B1G and the SEC will get most of those at large bids via the CFP committee rankings. If one were to do the research using this model, they would mostly likely find this to be true over the last few years, especially if you count OU, Texas, USC , Oregon and Washington as part of the P2. They don’t need multiple AQ’s from the P2, they will get the spots based on merit

 

[Vowelguy]

They don’t need multiple AQ’s from the P2, they will get the spots based on merit

If that were the case, why did BiG/SEC raise this idea of 4 AQs.
Either it’s a flex, a negotiating ploy, or they really do want 4 AQs.

 

[NE Football]

Why not ask? That leads them to the next step of getting 1/3rd of the playoff money. It’s another reason why further expansion of the B1G and the SEC is unlikely. The road to the playoffs for 12 of their 18 teams is already near impossible.

 

[CONN78SEJ]

Why not ask? That leads them to the next step of getting 1/3rd of the playoff money. It’s another reason why further expansion of the B1G and the SEC is unlikely. The road to the playoffs for 12 of their 18 teams is already near impossible.

From this new playoff picture, If Mora can get the football team to 500, then I think UConn gets an invite from the ACC for all sports. Right away that locks up the ACC as the premier league for men’s and women’s basketball, baseball, soccer and field hockey, and it definitely makes Mora’s job easier in recruiting and getting some good assistants. It also ignites old rivalries with BC, Cuse, and Notre Dame.

 

[pepband99]

I would be shocked if there is a precedent for a situation as ridiculous as this one, where a bunch of giant institutions signed a large contract which governs the distribution of hundreds of millions of revenue, and have gone through like 10 audit cycles, and almost no one involved has an actual copy of the contract.

I would say this absurd situation is going to break new legal ground one way or the other.

It's not that complicated.

The parties for the grant of rights contract are ESPN and the conference. Not the schools.
The schools and the conference have their own contracts, which "give away" the media rights to the conference.

The parties to the contract have seen it, and chosen (indeed insanely) to keep it locked up, but that is their right, and likely in the contract itself.

 

[billybud]

It's not that complicated.

The parties for the grant of rights contract are ESPN and the conference. Not the schools.
The schools and the conference have their own contracts, which "give away" the media rights to the conference.

The parties to the contract have seen it, and chosen (indeed insanely) to keep it locked up, but that is their right, and likely in the contract itself.

ESPN is not a signatory of the GOR....the GOR is between the schools and the conference. ESPN did require the GOR (according to Swofford), but is not a signatory party to the GOR.

The schools are not signatories of the ESPN Agreement...that would be between ESPN and the conference only.

ESPN has no direct relationship with the schools...but with the conference.

The GOR assigns "rights" to the conference but only "as necessary" to fulfill the ESPN-ACC agreement.

Until I see something that contradicts it, I think ESPN owns schools' rights until the end of the ACC-ESPN deal, whenever that is.... 2026 or 2036.

 

[billybud]

I think that ESPN own the leased rights and those support its business proposition of paying the ACC as it pays it.

There is no provision for ESPN to pay an individual school anywhere, or to pay anything other than what is in the ESPN contract for it to pay the ACC. Money is paid by the ACC to its members.

There are three agreements to consider..... the ACC bylaws, the GOR, and the ESPN contract. The ACC bylaws provide a path for exit by paying the 3x the annual operating cost fee and indicates no further entanglement with the league.

To have a broadcast relationship, it takes the other two agreements to make it work. The GOR which bundled all the schools' media rights under the ACC for the purpose of monetizing member home games via the ESPN contract.

The ESPN contract that pays an agreed amount of money to the ACC for broadcasting home games.

The Bylaws allow a school to leave but the ACC still has the assigned rights for the purpose of meeting the requirements of the ACC-ESPN Agreement...If ESPN releases the conference's requirement to have X team's games broadcast in order to fulfill the ESPN Agreement, the GOR has no effect.

 

[Rufus]

I don't see Florida State going to the SEC at all now. ESPN is going after FSU in their court filing, accusing FSU of committing a felony by sharing trade secrets.........(letting everyone know the ESPN contract was only guaranteed until 2027). FSU is in the middle of a messy divorce from both the ACC and ESPN.

FSU vs. ACC Lawsuit: ESPN enters the picture, accuses FSU of potential felony

ESPN supports ACC in lawsuit against FSU, pushes for documented agreements to remain sealed

247sports.com

 

[Patman]

I don't see Florida State going to the SEC at all now. ESPN is going after FSU in their court filing, accusing FSU of committing a felony by sharing trade secrets.........(letting everyone know the ESPN contract was only guaranteed until 2027). FSU is in the middle of a messy divorce from both the ACC and ESPN.

FSU vs. ACC Lawsuit: ESPN enters the picture, accuses FSU of potential felony

ESPN supports ACC in lawsuit against FSU, pushes for documented agreements to remain sealed

247sports.com

I'm sure espn doesn't want to have to pay more money to get fsu.

 

[billybud]

I agree.

Although this all "show" and legal wrangling...there can be no love lost between FSU and SECpsn.

The ACC and ESPN didn't want that cat out of the bag...there may be no effective GOR come 2027...

 

[Chin Diesel]

I don't see Florida State going to the SEC at all now. ESPN is going after FSU in their court filing, accusing FSU of committing a felony by sharing trade secrets.........(letting everyone know the ESPN contract was only guaranteed until 2027). FSU is in the middle of a messy divorce from both the ACC and ESPN.

FSU vs. ACC Lawsuit: ESPN enters the picture, accuses FSU of potential felony

ESPN supports ACC in lawsuit against FSU, pushes for documented agreements to remain sealed

247sports.com

I'm sure espn doesn't want to have to pay more money to get fsu.

OTOH, does ESPN want to cede FSU games to FOX?

 

[prankster]

OTOH, does ESPN want to cede FSU games to FOX?

OTOH, do they have the cash to keep them. Word on the street is that they are a little tight in the waller just now.

 

[billybud]

Does ESPN want to extend the super secret ACC contract in 2027 ? Or PAC 12 them ?

 

[Rufus]

Does ESPN want to extend the super secret ACC contract in 2027 ? Or PAC 12 them ?

I look at it like this…..ESPN could have extended the contract or accused FSU of committing a felony in a court filing for revealing trade secrets.

 

[UConnJim]

Does anybody else think ESPN is trying to cover for themselves? By showing outrage before FSU leaves provides cover if a lawsuit is brought by schools from the ACC accusing ESPN of destroying the conference.

 

[CL82]

Does anybody else think ESPN is trying to cover for themselves? By showing outrage before FSU leaves provides cover if a lawsuit is brought by schools from the ACC accusing ESPN of destroying the conference.

Not until you suggested it. Now,

 

[Rufus]

As the host of The Renegade Report said, the ACC is a pimple on a horse's @ss to ESPN.

 

[billybud]

I look at it like this…..ESPN could have extended the contract or accused FSU of committing a felony in a court filing for revealing trade secrets.

It looks like ESPN’s trade secret is really the way they fashion their conference agreements. The convoluted way the contracts are signed and the intentional confusion over the GOR/ESPN Agreement/Conference Bylaws seems to be one of their biggest trade secrets… and ESPN does not want it clarified. It’s the way they do business. This is at the heart of FSU’s complaint.

When FSU's attorneys discovered that the ESPN Agreement binds payments to the ACC only though 2026 unless extended (while members have been told it was through 2036)...well, it hit the fan.

Lawyers will dance and bill hourly rates, but it will be businessmen who determine where this goes...my bet is a settlement.