OT: Florida State to sue ACC over GOR

[billybud]

Clemson should already have received the secret contract since the court ordered it to be handed over (and for Clemson to treat it as confidential). I expect the same from the two Florida courts). Of course the media and their conference partners don’t want the inner workings of the media agreements known. The Florida court will ask specifically what should be redacted and why. Declaring all 161 pages as a trade secret probably will not fly. It has already come out, that with no one else having access, that the ACC has misrepresented aspects of the ESPN Agreement to the schools and the public.

 

[billybud]

One interesting aspect that has come out is that while the ACC has claimed that the conference owned a school’s rights until 2036, the contract says as long as they are a conference member. And there is a mechanism and exit fee to leave the conference. We’ll see how it turns out, but I am getting the feeling that a couple of programs will pony up the exit fee and scoot. The courts will have the exact language in hand.

 

[hoopsfan22]

One interesting aspect that has come out is that while the ACC has claimed that the conference owned a school’s rights until 2036, the contract says as long as they are a conference member. And there is a mechanism and exit fee to leave the conference. We’ll see how it turns out, but I am getting the feeling that a couple of programs will pony up the exit fee and scoot. The courts will have the exact language in hand.

Scoot to where? Independence? Big 12?

 

[kibblesnbits]

It can't help Florida State that the leagues it wants to join see them as the guys partners have to fight to keep from exposing secrets.

 

[huskymedic]

 

[hoopsfan22]

Why is the contract redacted? What does it matter if people can read it? It's not like anyone can do anything about it.

 

[dayooper]

Why is the contract redacted? What does it matter if people can read it? It's not like anyone can do anything about it.

Fox, CBS, NBC and other media corps can do something about it, though. They can use the info to counter what ESPN is giving its properties and how those funds are structured.

 

[huskymedic]

Why is the contract redacted? What does it matter if people can read it? It's not like anyone can do anything about it.

Scroll back: SEC, Big Ten and Big 12 join ACC in opposing release of ESPN contracts

 

[king conn]

Probably because there is a clause inserted by ESPN specifically stating that under no circumstances can UConn be added in realignment.

They don't want that to get out there

 

[FfldCntyFan]

One interesting aspect that has come out is that while the ACC has claimed that the conference owned a school’s rights until 2036, the contract says as long as they are a conference member. And there is a mechanism and exit fee to leave the conference. We’ll see how it turns out, but I am getting the feeling that a couple of programs will pony up the exit fee and scoot. The courts will have the exact language in hand.

Even with your heavy FSU lean you must realize that if it were as cut and dried as 'if FSU pays the departure fee they get their media rights back' there wouldn't be a lawsuit.

 

[Chin Diesel]

Why is the contract redacted? What does it matter if people can read it? It's not like anyone can do anything about it.

I'm no lawyer and didn't stay at a Holiday Inn last night, but,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,

Each ESPN contract with a conference or sports league isn't shared with other conferences or leagues and there is probably unique language in each of them. I'm not saying it's sacrosanct, but there is a legit reason for some redaction.

 

[CL82]

Why is the contract redacted? What does it matter if people can read it? It's not like anyone can do anything about it.

In theory, knowing the terms of the agreement might give ESPN's competition a competitive advantage. But, what I suspect the issue actually could be is that ESPN's agreements are not uniform, so that revealing the terms of one conferences agreement may impact ESPN's negotiating power with other conferences.

Just a guess.

 

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[billybud]

Even with your heavy FSU lean you must realize that if it were as cut and dried as 'if FSU pays the departure fee they get their media rights back' there wouldn't be a lawsuit.

Nobody would see. Nobody would know if there was no suit.

FSU, by charging the fence, has changed the narrative. From locked in until 2036 to FSU and Clemson out. As I posted so long ago, it was a die now or die slowly choice. Clemson has gone to the mattress’s by suing the ACC for damages.

 

[billybud]

The ACC can’t really settle without opening the flood gates…but now that folks know that the conference was woofing…they may try to save what they have….the damages claim by Clemson ups the ante.

 

[billybud]

No school signed a contract with ESPN. The conference did.

Where things get squirrelly is that schools sign a GOR with the conference that states that the rights are assigned only as needed to meet the ESPN Agreement requirements. The ACC said “you can’t have the contract but, trust us on this, this is what it says.

With 100’s of millions at stake, Clemson and FSU said “trust maybe, but verify”. Now it is becoming clear that what was represented may have been bad information. Honest differences in interpretation or deliberate obfuscation?

 

[prankster]

No school signed a contract with ESPN. The conference did.

Where things get squirrelly is that schools sign a GOR with the conference that states that the rights are assigned only as needed to meet the ESPN Agreement requirements. The ACC said “you can’t have the contract but, trust us on this, this is what it says.

With 100’s of millions at stake, Clemson and FSU said “trust maybe, but verify”. Now it is becoming clear that what was represented may have been bad information. Honest differences in interpretation or deliberate obfuscation?

Ask the lawyers about this, but my belief is that any ambiguous contract language necessarily is decided in favor of the party that did not draw up the contract.

Could get spicy.

 

[Kolumbo]

No school signed a contract with ESPN. The conference did.

Where things get squirrelly is that schools sign a GOR with the conference that states that the rights are assigned only as needed to meet the ESPN Agreement requirements. The ACC said “you can’t have the contract but, trust us on this, this is what it says.

With 100’s of millions at stake, Clemson and FSU said “trust maybe, but verify”. Now it is becoming clear that what was represented may have been bad information. Honest differences in interpretation or deliberate obfuscation?

Let's say the lawyers and courts ultimately decide what the contracts mean. Maybe the fact that it took so long for so many to figure it out is a defense in itself. The schools can claim they thought the contract meant one thing but it actually meant something else. I know ignorance of the law is not a defense, but ignorance of a contract which no one understands could be. Meeting of the minds and all that stuff. Even if they thought they were locked into a contract for another 12 years, they must have believed they would continue to receive market rate remuneration, which apparently they are not. I just can't see any party being locked into a long-term contract which is unfairly one sided.

 

[FfldCntyFan]

Ask the lawyers about this, but my belief is that any ambiguous contract language necessarily is decided in favor of the party that did not draw up the contract.

Could get spicy.

Someone watches The Big Bang Theory.

 

[Kolumbo]

Someone watches The Big Bang Theory.

a bailment...

 

[FfldCntyFan]

a bailment...

I was thinking this:

 

[speckle]

Seems like there's an easy 8 ACC teams which would benefit from a conference realignment or renegotiation, a simple majority. I'm kinda surprised NC, NCST, VA, VT, Miami, and Louisville are still sitting on the sidelines. Math gets worse 7/1 and much worse in August. You'd figure a simple majority would be enough to change the conference bylaws to a more exit friendly standard. Are the ACC conference bylaws public information or is that another deliberately concealed quagmire?

 

[billybud]

OT. I am in Burlington Vt….traveling onward to Quebec. After driving from Scranton Pa to Albany and then up to Burlington, I was surprised by how rural it is. Traveling through made driving through Georgia feel positively suburban Burlington and the lake is a blast. But I haven’t had grits for breakfast since North Carolina. Now, back to conference realignment after this brief interruption.

 

[CL82]

Seems like there's an easy 8 ACC teams which would benefit from a conference realignment or renegotiation, a simple majority. I'm kinda surprised NC, NCST, VA, VT, Miami, and Louisville are still sitting on the sidelines. Math gets worse 7/1 and much worse in August. You'd figure a simple majority would be enough to change the conference bylaws to a more exit friendly standard. Are the ACC conference bylaws public information or is that another deliberately concealed quagmire?

Do you think all of these teams have invites in their pockets? Because if they don't, you're talking about giving up a guaranteed income stream of about $50 million a year (media money plus CFP distributions) for an uncertain situation. Why would you willingly incur the litigation costs and alienate your peer institutions? Wouldn't it make far more sense to let FSU and Clemson be your "stalking horses"?

Keep in mind as well that a departure by FSU and Clemson minimally means an additional $260 million to the conference, and quite possibly that number could end up being close to $1 billion in combined exit fees in GOR buyout. That would position the income stream of the remaining teams well above the big 12.

It makes far more sense to pull up a comfy chair and a tub of popcorn and wait to see the outcome of the lawsuits.