OT: - Florida State to sue ACC over GOR | Page 24 | The Boneyard

OT: Florida State to sue ACC over GOR

I’m out of the loop. If FSU bails, are Stamford and Cal looking to back out?

They have no where to go except the MWC.

FSU isn't keeping Cal and Stanford in the ACC, ND is
 
ND is under contract to join the ACC if they decide to join a conference. They have their own tv deal, a seat on the CFP committee and a home for all of their teams in the ACC. There is no incentive for them to give any of that up. If the major brands leave the ACC, ND could join then, probably keep their own TV deal and have an easy road to the CFP every year.
 
ND is under contract to join the ACC if they decide to join a conference. They have their own tv deal, a seat on the CFP committee and a home for all of their teams in the ACC. There is no incentive for them to give any of that up. If the major brands leave the ACC, ND could join then, probably keep their own TV deal and have an easy road to the CFP every year.

Notre Dame does not have a contact to join the ACC.

They can go wherever they want to.

Their TV contract is worth about 20 million a year

They get about 10 million a year from the ACC

In the next seven to ten years the B1G universities can expect a payout of anywhere between 80 to 100 million per school.

Tell me why Notre Dame's TV contact or independence matters?

That exclusive arrangement has lost its allure.

Besides, some of the schools that ND usually schedules such as USC are now in the B1G.

Trust me, once FSU leaves for wherever, ND is not going to miss out on a big payday or having a seat at the CFP table.
 
Plenty of references to Notre Dame's contractual obligations to join the ACC if they join any conference before 2036...

It all goes back to the ACC deal that Notre Dame has. The deal states that Notre Dame competes in the ACC for most of their sports, like basketball and baseball, while football gets to remain independent. The caveat is that they have to play five ACC teams annually in football. This deal goes through 2036, and during that time period, the only conference Notre Dame can join is the ACC.


First, I start with the suspicion that Jack Swarbrick might not mind the Fighting Irish entering the ACC as full members. He started them on this path as members for the Olympic sports, with five of the twelve football games scheduled by the ACC. He included in that deal (or agreed to include) that Notre Dame would have to join the ACC if it entered a conference before 2036, seemingly tilting the playing field in the direction of the ACC.


Almost everything from that story can still apply to today, changing world and all. If Notre Dame were to join a conference in football before 2036 — a deal concurrent with the league’s grant of rights — it would be contractually obligated to join the ACC. But Notre Dame has long made the calculation that the financial gap between independence and conference membership is not significant enough to sacrifice the prestige, freedom and ownership that comes with being able to call its own shot. (Swarbrick told the South Bend Tribune last week that “we were as challenged financially as any school in the country” because of COVID-19, but it’s hard to see that lone year dictating the football program’s future identity.)




Should Notre Dame decide to join a conference full-time before 2036, it would be required to join the ACC, with which it has a contract that currently calls for the Irish to play five league games per season.

 
Plenty of references to Notre Dame's contractual obligations to join the ACC if they join any conference before 2036...

It all goes back to the ACC deal that Notre Dame has. The deal states that Notre Dame competes in the ACC for most of their sports, like basketball and baseball, while football gets to remain independent. The caveat is that they have to play five ACC teams annually in football. This deal goes through 2036, and during that time period, the only conference Notre Dame can join is the ACC.


First, I start with the suspicion that Jack Swarbrick might not mind the Fighting Irish entering the ACC as full members. He started them on this path as members for the Olympic sports, with five of the twelve football games scheduled by the ACC. He included in that deal (or agreed to include) that Notre Dame would have to join the ACC if it entered a conference before 2036, seemingly tilting the playing field in the direction of the ACC.


Almost everything from that story can still apply to today, changing world and all. If Notre Dame were to join a conference in football before 2036 — a deal concurrent with the league’s grant of rights — it would be contractually obligated to join the ACC. But Notre Dame has long made the calculation that the financial gap between independence and conference membership is not significant enough to sacrifice the prestige, freedom and ownership that comes with being able to call its own shot. (Swarbrick told the South Bend Tribune last week that “we were as challenged financially as any school in the country” because of COVID-19, but it’s hard to see that lone year dictating the football program’s future identity.)




Should Notre Dame decide to join a conference full-time before 2036, it would be required to join the ACC, with which it has a contract that currently calls for the Irish to play five league games per season.


The language say should Notre Dame be required to join. In other words should there be a mandate for them to join a conference.

Not should Notre Dame want to join

All that means is if independence status went away Notre Dame must join the ACC

Notre Dame can go anywhere

Does anyone really think that earning $50 million less annually is not going to affect Notre Dame?

They will be in the B1G soon
 
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The language say should Notre Dame be required to join. In other words should there be a mandate for them to join a conference.

Not should Notre Dame want to join

All that means is if independence status went away Notre Dame must join the ACC

Notre Dame can go anywhere

Does anyone really think that earning $50 million less annually is not going to affect Notre Dame?

They will be in the B1G soon

Looks like they are locked to the GOR

 
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If/when Notre Dame wants to leave the ACC they will have no problem doing so monetarily, legal-wise, or psychologically). Period.
 
Nothing would make FSU happier than Notre Dame declaring to break their contract with the ACC to join the B1G....

That would be helpful in FSU's wrangle to untangle.
 
1 - There is no mandate. ND never would have agreed to that.

2 - ND realizes that eventually they will have no choice but to join a conference for football. They will continue to avoid the question as long as possible and will attempt to remain independent for football until their agreement with the ACC expires, making them a free agent that can go out to bid when the time comes.

3 - I find it very humorous that someone who has been preaching for quite some time that one of the ACC's full member schools should not be required to honor a contract that they freely signed is now chiming in on the contractual obligations ND signed into.

Bottom line, shy of some unimaginable shake-up, ND will not join a conference for football until after their current agreement with the ACC expires.

I personally believe it's bullspit that others have always been willing to accommodate ND while ND takes advantage of them but as long as conferences (initially the BE, now the ACC) are willing, ND will continue to take advantage.
 
Notre Dame will have the ability to cut whatever check they need to get out of the ACC should FSU open the door. Of all the schools in the conference, they are the least likely to have problems with that check, given they already are closing in on P2 revenue.

I don't think they'll be the first out the door, but if they choose to leave once someone else does they aren't going to feel "stuck" by their contract
 
1 - There is no mandate. ND never would have agreed to that.

2 - ND realizes that eventually they will have no choice but to join a conference for football. They will continue to avoid the question as long as possible and will attempt to remain independent for football until their agreement with the ACC expires, making them a free agent that can go out to bid when the time comes.

3 - I find it very humorous that someone who has been preaching for quite some time that one of the ACC's full member schools should not be required to honor a contract that they freely signed is now chiming in on the contractual obligations ND signed into.

Bottom line, shy of some unimaginable shake-up, ND will not join a conference for football until after their current agreement with the ACC expires.

I personally believe it's bullspit that others have always been willing to accommodate ND while ND takes advantage of them but as long as conferences (initially the BE, now the ACC) are willing, ND will continue to take advantage.

Only reporting what has been reported...of course an internet poster may also post why he thinks different...but it would be nice to link sources...
 
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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.

Clemson doesn't agree with you - they just sued saying that Clemson and the conference are parties to the school's rights (what I said), and that the conference and ESPN are for the GOR (also what i said).
 
Clemson agrees with me...What I said is not against their or FSU's position...it just outlines the tangled GOR, ESPN Agreement (which appears to end in 2027 if not extended). They and FSU are in lock step and have been.

“Without clarity as to its legal rights and obligations, Clemson cannot protect and advance its interests, or the interests of its student-athletes, in current and ongoing negotiations within the Conference, with the Conference’s existing media partner ESPN, and in collegiate athletics more generally,” the lawsuit states.

“Without a judicial declaration of its legal rights, which have been openly challenged by the ACC, Clemson is unable to pursue a wide range of strategic alternatives that may be necessary for its continued success in collegiate athletics and as an institution,” the complaint states. “By espousing an inaccurate interpretation of the grant of rights agreements and allowing that interpretation to proliferate throughout the media, the ACC has cast a harmful cloud of doubt on Clemson’s ability to engage in meaningful discussions with other conferences and media providers regarding potential future collaborations and/or to negotiate alternative revenue sharing proposals among ACC members.
 
The problem is the entanglement of documents...and their conflicts...

From FSU's filing..

170. Under the legal doctrine generalia specialibus non derogant – that where there is a conflict between the general and specific, the specific provisions prevail – the ACC GofR can neither be read nor interpreted to subvert, usurp and/or amend the specific provisions of the ACC Constitution and Bylaws and/or the 2016 Amended and Restated Multi-Media Agreement between the ACC and ESPN.
 
Clemson agrees with me...What I said is not against their or FSU's position...it just outlines the tangled GOR, ESPN Agreement (which appears to end in 2027 if not extended). They and FSU are in lock step and have been.

“Without clarity as to its legal rights and obligations, Clemson cannot protect and advance its interests, or the interests of its student-athletes, in current and ongoing negotiations within the Conference, with the Conference’s existing media partner ESPN, and in collegiate athletics more generally,” the lawsuit states.

“Without a judicial declaration of its legal rights, which have been openly challenged by the ACC, Clemson is unable to pursue a wide range of strategic alternatives that may be necessary for its continued success in collegiate athletics and as an institution,” the complaint states. “By espousing an inaccurate interpretation of the grant of rights agreements and allowing that interpretation to proliferate throughout the media, the ACC has cast a harmful cloud of doubt on Clemson’s ability to engage in meaningful discussions with other conferences and media providers regarding potential future collaborations and/or to negotiate alternative revenue sharing proposals among ACC members.
Sigh. Read it again. Your "tangled" bit is FSU-ese for "I don't really understand this"
 
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With conference
The problem is the entanglement of documents...and their conflicts...

From FSU's filing..

170. Under the legal doctrine generalia specialibus non derogant – that where there is a conflict between the general and specific, the specific provisions prevail – the ACC GofR can neither be read nor interpreted to subvert, usurp and/or amend the specific provisions of the ACC Constitution and Bylaws and/or the 2016 Amended and Restated Multi-Media Agreement between the ACC and ESPN.
what's your connection to UConn? Apologies if you've already stated it. Just curious why a FSU fan hangs out here.
 
I have answered this many times over the years on this forum...and some
Sigh. Read it again. Your "tangled" bit is FSU-ese for "I don't really understand this"
And neither can Clemson without clarity from the court according to Clemson's filing..

“Without clarity as to its legal rights and obligations, Clemson cannot protect and advance its interests, or the interests of its student-athletes, in current and ongoing negotiations within the Conference, with the Conference’s existing media partner ESPN, and in collegiate athletics more generally,” the lawsuit states.
 
what's your connection to UConn? Apologies if you've already stated it. Just curious why a FSU fan hangs out here.

I have been asked quite a few times over the 10 1/2 years that I have been on this board. Mostly from xenophobic folks, others genuinely curious. And there is always a tribal aspect to sports boards, so I don't get offended.

As I have said...I am a sports fan...I have been on West Virginia boards for 20 years, on the CFP message board (college football poll) for 18 years, the Tarheel board, Ohio State board, Texas Ags, BC, Oklahoma, Michigan, Clemson, Miami, FSU, and a few assorted others.

I retired early...had a lot of time and like sports...it also keeps me thinking and my mind working. And frankly, at 77, losing cognitive ability is a fear of mine. More so than physical capacity.
 
I have been asked quite a few times over the 10 1/2 years that I have been on this board. Mostly from xenophobic folks, others genuinely curious. And there is always a tribal aspect to sports boards, so I don't get offended.

As I have said...I am a sports fan...I have been on West Virginia boards for 20 years, on the CFP message board (college football poll) for 18 years, the Tarheel board, Ohio State board, Texas Ags, BC, Oklahoma, Michigan, Clemson, Miami, FSU, and a few assorted others.

I retired early...had a lot of time and like sports...it also keeps me thinking and my mind working. And frankly, at 77, losing cognitive ability is a fear of mine. More so than physical capacity.
Maybe if you posted about UConn every once and a while people wouldn't ask you that.
 
I have been asked quite a few times over the 10 1/2 years that I have been on this board. Mostly from xenophobic folks, others genuinely curious. And there is always a tribal aspect to sports boards, so I don't get offended.

As I have said...I am a sports fan...I have been on West Virginia boards for 20 years, on the CFP message board (college football poll) for 18 years, the Tarheel board, Ohio State board, Texas Ags, BC, Oklahoma, Michigan, Clemson, Miami, FSU, and a few assorted others.

I retired early...had a lot of time and like sports...it also keeps me thinking and my mind working. And frankly, at 77, losing cognitive ability is a fear of mine. More so than physical capacity.
We enjoy having you here. At least some of us do. We appreciate your input on the board.
 
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But we have a BC fan pretending to be a UConn fan and posting about UConn.

I enjoy having billybud around and fans of other schools as long as they identify themselves as such.
That’s fair. Not my place to tell people where they can/can’t post.
 
That’s fair. Not my place to tell people where they can/can’t post.
I was blocked on the Syracuse board before I even posted one comment
time gets GIF
 
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