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Can someone explain why this analysis of the GOR is incorrect?
http://msn.foxsports.com/college-fo...erage/myth-of-the-big-12s-grant-of-rights.php
The problem with the analysis is that the author assumes that a school which has granted its media rights to one conference can simply transfer those rights to another conference, with the only issue being damages. I am skeptical of that logic. Once a school has transferred its media rights, it can't just transfer them again because they are already gone.
A conference would be stupid to accept a school which has an existing GOR with another conference. The "new" conference would open itself up to liabilities. The media partner of the new conference also likely would want nothing to do with the school.
If a school with a GOR wishes to move to another conference, it would be wise to first negotiate out of the GOR or litigate with the existing conference about the validity of the GOR. Whether it would prevail in that litigation would depend on the terms of the GOR, but I would always prefer to be on the side of the party seeking to enforce a contract, rather than the one trying to get out of an agreement which it freely entered into. Believe it or not, courts tend to honor parties' agreements, unless there is some compelling reason to do otherwise.