Maryland’s $157 million counterclaim: ACC recruited B1G schools

[Pat125]

I'd be interested to hear the opinions of B1G fans, the first time Terp fans throw batteries at them on a trip to College Park.

Or, when they complain about B1G officiating the first time they lose a FB or BB game in controversial fashion to the likes of MSU, UM, or OSU. The conspiracy theories will fall like rain.

I'm a Terp fan and would glad to give my opinion. I believe any Terp (or other) fan who throws batteries or engages in any criminal activity be arrested and prosecuted. These disgusting activities have no place in sports.

 

[Pat125]

Billybud, I guess this shows how much I don't understand the GoR. I see a school losing out on revenue, especially in the hundreds of millions of dollars as damage, no matter how or what it is called in a contract.

 

[btstimpy]

I'd be interested to hear the opinions of B1G fans, the first time Terp fans throw batteries at them on a trip to College Park.

Or, when they complain about B1G officiating the first time they lose a FB or BB game in controversial fashion to the likes of MSU, UM, or OSU. The conspiracy theories will fall like rain.

I'm just glad that our team and fans only have to worry about it one more time in the Comcast Center. Then we're done. It won't be missed. As for Big Ten fans experiencing the behavior of fans in College Park, that's their decision to enjoy.

Both of our lacrosse teams have to go up there one more time, but those crowds are smaller. No baseball series. The softball series is in Charlottesville. We've already beaten the wrestling team. Maryland flushed many of the other spring sports, so we're basically done after 1 basketball game and 2 lacrosse games with College Park appearances. I don't envision anything continuing other than potentially lacrosse.

 

[billybud]

Sure...One could say that a GOR would damage a school that left a conference since that could be the effect...

Paul McCartney was furious that the Beatles lost their anthology of songs to Michael Jackson, who acquired them in 1985. He was "damaged" but has lost those rights until 56 years after they were written, after which they become his property.

A GOR is a media assignment contract and if one damages themselves in signing one..it could be tough luck. The court would look at the wording of the contract for enforcement.

In a GOR, as in media law, one is talking about assigning rights. There is a plethora of case law re assigned rights. It has been pretty well defined. Now GOR's in college sports is a newish territory for the law without as much specific developed case law.

But the principle of assigning a media right and the parties rights and obligations therein, have been tested in the courts.

 

[billybud]

And another difference between the exit fee and the GOR...each school individually and voluntarily signed away the grant of media rights.

It was not a case of a majority ruling

 

[CL82]

The exit fee and Grant of Rights are different, but they may end up being related depending on the conclusion of the lawsuit. If $50 million is found to be punitive, it seems this would be the case for a school who leaves a conference with a GoR. I don't know howo GoRs work, as I've seen experts on this disagree. But if a team who leaves while GoR is still fresh, this may involve forfeiture of revenue in the hundreds of millions. I would imagine courts would also find this punitive.

I agree.

 

[billybud]

I do not agree....based on the fact that there is no "punitive" in media rights deals...as there is in an exit fee.

Jeez guys.....agree? based on what set of facts?

Oh...because exit fees as liquidated damages must not be so unrelated to damages as to be punitive. Soooo...I expect if you voluntarily signed away media rights..well...it must be the same thing. Right?

Well no.

 

[SouthronCross]

I'm a Terp fan and would glad to give my opinion. I believe any Terp (or other) fan who throws batteries or engages in any criminal activity be arrested and prosecuted. These disgusting activities have no place in sports.

Amen, Terp fan. Amen.

 

[itgoeslike]

Trust me, I am aware that they are separate documents. I'll be a little more specific. If the GOR was iron clad it's likely that the ACC would have settled and moved on, but they haven't. The percentages say the ACC either has a weak agreement or a weak case.

I find it amusing how some posters make definitive comments on the GOR without even seeing it. Has anyone actually seen a copy of the document? If so, please forward. Most GOR's assign their rights to a media entity, I suspect that could be the case here. In addition, Virginia was the last to sign, which probably prompted the inclusion of contingencies (perhaps time-based) in order to get them to sign. Also, please note that I don't hold in high regard biased comments from conference and media representatives and/or sloppy, lazy journalism, so no need to pelt me with what so-and-so said. That's not definitive proof.

 

[billybud]

Probably...might...conjecture...guess...

Yeah... that's what you have....

I like your post "most GORs assign their media rights to an entity"...

WTF? I reckon they do rather then mom , dad, or other individual...But how would you know since you haven't seen a GOR (your big argument)?

 

[bobbyinaz]

Trust me, I am aware that they are separate documents. I'll be a little more specific. If the GOR was iron clad it's likely that the ACC would have settled and moved on, but they haven't. The percentages say the ACC either has a weak agreement or a weak case.

I find it amusing how some posters make definitive comments on the GOR without even seeing it. Has anyone actually seen a copy of the document? If so, please forward. Most GOR's assign their rights to a media entity, I suspect that could be the case here. In addition, Virginia was the last to sign, which probably prompted the inclusion of contingencies (perhaps time-based) in order to get them to sign. Also, please note that I don't hold in high regard biased comments from conference and media representatives and/or sloppy, lazy journalism, so no need to pelt me with what so-and-so said. That's not definitive proof.

I believe the GOR assigns the media rights to the conference , not a media entity. The conference then enters into a contract with a media provider(s).

This is why IMO, those that say a school can move from one conference to another if the media provider is the same (ACC to SEC since both are contracted with ESPN) is not accurate. While ESPN may or may not care since they get to broadcast the games regardless the conference that owns the media rights would have an issue

 

[itgoeslike]

Probably...might...conjecture...guess...

Yeah... that's what you have....

I like your post "most GORs assign their media rights to an entity"...

WTF? I reckon they do rather then mom , dad, or other individual...But how would you know since you haven't seen a GOR (your big argument)?

When the bourbon wears off go back and read my post. You'll see that it doesn't correlate with what you wrote.

Here's the Amended Grant of Rights from the Big 12, which was procured by Kyle Lamb. While it provides some detail it only references the Original Grant of Rights dated November 1, 2011. If you have a copy of the ACC's GOR agreement you should post it, otherwise we'll all just continue to guess.

https://docs.google.com/file/d/0B8jb5kvZz0PcUzJpdV9YaVZHaFE/edit?pli=1

 

[billybud]

Kyle's procurement of that Big 12 GOR...and I have followed that scenario with Kyle on the BGN Big 12 board while he was requesting it under an FOIA..is the only GOR in the public realm that fans know about.

However, since the Big 12 went on the record as saying that they assisted the ACC in writing their GOR, I think one might think that some of the content may be similar.

My bourbon? Yes..Elmer T Lee #6. A very good bourbon in the Blanton's style.

 

[06029]

My bourbon? Yes..Elmer T Lee #6. A very good bourbon in the Blanton's style.

That is a very nice Bourbon and a great buy for the quality. Try Black Maple Hill if you can find it. Distilled in Kentucky but aged in CA. I had some in South Beach 2 weeks ago that was 16 years old and it was fantastic. But as the review suggests, the quality can vary from batch to batch.

http://redwhiteandbourbon.com/2013/03/26/review-black-maple-hill/

 

[billybud]

The #6 is a limited, hand picked from one barrel, edition. You can also find the #5 barrel but it is not quite as tasty. The bottle lists the barrel selection team by name. They sample the barrels and choose the one that meets the qualifications. Very hard to find...and as you mentioned, good quality for the money spent.

I will drink Blanton's as well....I am a southerner and prefer corn heavy bourbon mixes such as Blanton's and Lee's over bourbons with a heavier rye influence in their corn-rye mix. Bourbon is corn...and I prefer bourbon to Tennessee Whiskey although many folks think that Jack Daniels is the southern drink of choice.

I keep Knob Creek and Woodford Reserve as well for my friends...

And, for my friend with no taste, I keep Wild Turkey (UGH)...a rye heavy whiskey.

I see very little added for spending a lot more money for some brands...so I keep my cabinet simple.

 

[itgoeslike]

The #6 is a limited, hand picked from one barrel, edition. You can also find the #5 barrel but it is not quite as tasty. The bottle lists the barrel selection team by name. They sample the barrels and choose the one that meets the qualifications. Very hard to find...and as you mentioned, good quality for the money spent.

I will drink Blanton's as well....I am a southerner and prefer corn heavy bourbon mixes such as Blanton's and Lee's over bourbons with a heavier rye influence in their corn-rye mix. Bourbon is corn...and I prefer bourbon to Tennessee Whiskey although many folks think that Jack Daniels is the southern drink of choice.

I keep Knob Creek and Woodford Reserve as well for my friends...

And, for my friend with no taste, I keep Wild Turkey (UGH)...a rye heavy whiskey.

I see very little added for spending a lot more money for some brands...so I keep my cabinet simple.

Finally, a post that has some real value. . .

 

[OkaForPrez]

LOL @ the ghost of the realignment board deteriorating two a couple good ol boys talkin bourbon. Christ we are screwed.

 

[billybud]

I have never been called a good ole boy before...thanks.

Undergrad at FSU, but the grad years at Wisconsin took me out of the running for good ole boy status...

And yes...maybe you are screwed and maybe not...but not because of a little bourbon talk.

We could natter on about the Hartford DMA...but it isn't bad to switch up a conversation now and again.

 

[06029]

LOL @ the ghost of the realignment board deteriorating two a couple good ol boys talkin bourbon. Christ we are screwed.

CT born and bred and long time bourbon drinker. The recent explosion in popularity is nice as is the proliferation of some really nice buys in CT but it has caused some really crazy prices. I had a client buy me a $75 glass of Pappy Van Winkle in Louisville last year. If somebody is buying, I will drink it, but so many more affordable and just as enjoyable options out there right now. And in the end, you just flush it down the toilet.

 

[OkaForPrez]

The humor, for me anyway, worked better as stated.

 

[Durks07]

I have never been called a good ole boy before...thanks.

Undergrad at FSU, but the grad years at Wisconsin took me out of the running for good ole boy status...

And yes...maybe you are screwed and maybe not...but not because of a little bourbon talk.

We could natter on about the Hartford DMA...but it isn't bad to switch up a conversation now and again.

What made you choose Wisconsin of all places? Just curious, kind of a random choice for a "good ole' boy."

 

[billybud]

What made you choose Wisconsin of all places? Just curious, kind of a random choice for a "good ole' boy."

My father's family have lived in southeastern Wisconsin since the land was purchased from Chief Oshkosh for settlers. My aunt was known in her field at the U of Wisconsin and could put me up (money was tight). And Wisconsin would add greatly to my credentialing.

I had spent many summers on the family farm. Had some friends there...It seemed the right place to be.

 

[Durks07]

My father's family have lived in southeastern Wisconsin since the land was purchased from Chief Oshkosh for settlers. My aunt was known in her field at the U of Wisconsin and could put me up (money was tight). And Wisconsin would add greatly to my credentialing.

I had spent many summers on the family farm. Had some friends there...It seemed the right place to be.

That makes sense then, a friend of mine lives in the Chicago area and wants me to go out so we can spend a weekend in Milwaukee. Do you recommend it? Given your knowledge of contract issues, I'm guessing you went to Wisc. for law?

 

[pj]

From my own experiences, the good ol' boy network exists everywhere, in some shape, form, or fashion. It may just not be called that.

Yes, of course. They're not always good and they're not always boys, but there are always well-connected people surrounding levers of power.

 

[billybud]

There have always been people who are connected....

I have always been suspicious....particularly when guys in a meeting tap their Masonic rings on the table. Got to be a secret signal.

And as we know, fraternity brothers are beholden to help other brothers...

But in sports it seems to me that it has been that you can be an outsider and its just you (if you are say, FSU against the Tobacco Road Crew).

Sooo...you build your own old boy club..