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Started By
Message
Everyone is overlooking most important aspect of solving this NIL / transfer portal issue
Posted on 1/8/26 at 10:27 am
Posted on 1/8/26 at 10:27 am
It can't be "professional" like the NFL. There are too many "degrees of freedom" right now to solve it. The NFL is only two parties or degrees of freedom (NFL & the player's union). College football is 50 independent states with varying laws x 1000's of legislature representatives that make the laws x public & private universities x conferences.
The closest thing we "had" to governing all of these degrees of freedom was the NCAA and we've spent the last decade + tearing their power down. The only option I see to fill the void is a federal agency stepping in that can institute guidelines on a national level like the Dept of Commerce since technically transactions, games between colleges, etc. are occurring across state lines giving them jurisdiction. I'm not an expert in the government agency jurisdictions, so maybe Dept of Labor or some other agency is the more appropriate choice.
The federal government getting involve isn't necessarily what I want to see happen but I don't see how else you can get EVERYONE aligned and following the same set of rules on any sort of reasonable timeline.
The closest thing we "had" to governing all of these degrees of freedom was the NCAA and we've spent the last decade + tearing their power down. The only option I see to fill the void is a federal agency stepping in that can institute guidelines on a national level like the Dept of Commerce since technically transactions, games between colleges, etc. are occurring across state lines giving them jurisdiction. I'm not an expert in the government agency jurisdictions, so maybe Dept of Labor or some other agency is the more appropriate choice.
The federal government getting involve isn't necessarily what I want to see happen but I don't see how else you can get EVERYONE aligned and following the same set of rules on any sort of reasonable timeline.
6
Posted on 1/8/26 at 10:30 am to TXLSUCHE
quote:
The NFL is only two parties or degrees of freedom (NFL & the player's union).
the NFL operates in violation of anti-trust /monopoly laws that other normal businesses are subject to
Posted on 1/8/26 at 10:32 am to TXLSUCHE
quote:
It can't be "professional" like the NFL. There are too many "degrees of freedom" right now to solve it. The NFL is only two parties or degrees of freedom (NFL & the player's union). College football is 50 independent states with varying laws x 1000's of legislature representatives that make the laws x public & private universities x conferences.
The closest thing we "had" to governing all of these degrees of freedom was the NCAA and we've spent the last decade + tearing their power down. The only option I see to fill the void is a federal agency stepping in that can institute guidelines on a national level like the Dept of Commerce since technically transactions, games between colleges, etc. are occurring across state lines giving them jurisdiction. I'm not an expert in the government agency jurisdictions, so maybe Dept of Labor or some other agency is the more appropriate choice.
The federal government getting involve isn't necessarily what I want to see happen but I don't see how else you can get EVERYONE aligned and following the same set of rules on any sort of reasonable timeline.
Yep. People don't understand that the NFL has a players union that bargains with the league, making the rules that they have governing free agency legal. I don't want the federal government to have the right to cap or limit the income potential of legal adults just like I don't want the feds to limit what a plumber or electrician can charge for their services in a free market. Pretty much the only way this changes is if the players unionize but, as you stated, this isn't like the NFL where all the teams are under one league banner. I'm not sure who a CFBPA would even collectively bargain with if they ever did unionize.
This post was edited on 1/8/26 at 10:33 am
Posted on 1/8/26 at 10:51 am to 777Tiger
quote:
the NFL operates in violation of anti-trust /monopoly laws that other normal businesses are subject to
I don't necessarily disagree, but even if there were 10 professional football leagues with 10 player's unions, that is still far fewer variables to solve/control.
Posted on 1/8/26 at 10:58 am to JiminyCricket
quote:
I don't want the federal government to have the right to cap or limit the income potential of legal adults just like I don't want the feds to limit what a plumber or electrician can charge for their services in a free market.
I wasn't suggesting the government gets to cap or limit income in any way. The "market" would dictate that. I'm more or less just referring to establishing guidelines, rules, etc.
Posted on 1/8/26 at 11:44 am to TXLSUCHE
"I'm from the government and I'm here to help!"
Posted on 1/8/26 at 11:54 am to TXLSUCHE
quote:
federal agency
Don't you think federal agencies have anything better to do than fix college athletics.
Posted on 1/8/26 at 12:16 pm to TXLSUCHE
Then just what exactly do you want a federal agency to do?
Posted on 1/8/26 at 12:17 pm to mike4lsu
It is extremely hard to regulate Contractors. Contractors have many different rights that employees do not have. Contractors don’t have non compete in their contracts. Contractors can work multiple contracts at once.
They are currently 1099 contractors for the NIL part only. The NCAA wants them to be W2 Employees in the future, but this will probably not happen, because the players will Unionize.
They are currently 1099 contractors for the NIL part only. The NCAA wants them to be W2 Employees in the future, but this will probably not happen, because the players will Unionize.
This post was edited on 1/8/26 at 12:42 pm
Posted on 1/8/26 at 12:44 pm to Oilfieldbiology
In researching some more, it looks like the wheels are already in motion for the federal government to get involved. In addition to the SCORE Act, I didn't realize Trump had issued the following EO:
“Saving College Sports”
Recently, the executive branch also entered the NIL realm as President Trump signed an executive order, titled “Saving College Sports,” recommending how NIL should be handled and directing government agencies to become involved. Signed on July 24, 2025, the executive order calls for the prohibition of third party, pay-for-play arrangements but permits legitimate, fair market value compensation provided by a third party to an athlete for deals such as brand endorsements. Additionally, the executive order directs the Secretary of Labor and the National Labor Relations Board to clarify the question of student-athletes as employees. The executive order also calls for the involvement of the Attorney General and the Federal Trade Commission, directing them to act regarding antitrust and other legal challenges. Further, to address the post-House Settlement concerns that schools will funnel resources away from women’s and Olympic sports to higher revenue sports like football or basketball, the executive order calls for the preservation and expansion of competition and scholarship opportunities in non-revenue sports. To do so, the executive order sets benchmarks based on the amount of revenue generated by athletic departments and directs the Department of Education to use the disbursement of federal funds, Title IX enforcement, and interstate commerce laws to influence schools. The executive order also provides that revenue-sharing be implemented in a way that protects women’s and non-revenue sports.
“Saving College Sports”
Recently, the executive branch also entered the NIL realm as President Trump signed an executive order, titled “Saving College Sports,” recommending how NIL should be handled and directing government agencies to become involved. Signed on July 24, 2025, the executive order calls for the prohibition of third party, pay-for-play arrangements but permits legitimate, fair market value compensation provided by a third party to an athlete for deals such as brand endorsements. Additionally, the executive order directs the Secretary of Labor and the National Labor Relations Board to clarify the question of student-athletes as employees. The executive order also calls for the involvement of the Attorney General and the Federal Trade Commission, directing them to act regarding antitrust and other legal challenges. Further, to address the post-House Settlement concerns that schools will funnel resources away from women’s and Olympic sports to higher revenue sports like football or basketball, the executive order calls for the preservation and expansion of competition and scholarship opportunities in non-revenue sports. To do so, the executive order sets benchmarks based on the amount of revenue generated by athletic departments and directs the Department of Education to use the disbursement of federal funds, Title IX enforcement, and interstate commerce laws to influence schools. The executive order also provides that revenue-sharing be implemented in a way that protects women’s and non-revenue sports.
Posted on 1/8/26 at 4:53 pm to TXLSUCHE
College football is 50 independent states with varyling laws? You realize that there are 32 NFL teams in likely 20+ states, and each of those 20+ states has differing laws. Why would state law be applicable to college football, but not the NFL? The law is the law regardless if someone is 19 or 32.
The only answer is make college football players employees like the NFL, directly paid by the school and not NIL. That way there are contracts with enforcable buyout clauses for players. That would stop many schools from wanting portal players because they'd have to pay out big. NIL collectives can't enforce buyouts if a player decides to leave. So there's nothing stopping anyone from doing it. It has to be direct pay from the school. Schools see football players being employees as a liability. Idk why, but they do. So they complain when they get screwed like Washington is now, but refuse to accept the only thing that can prevent them from getting screwed which I imagine Washington disagrees with making the football players paid employees.
The only answer is make college football players employees like the NFL, directly paid by the school and not NIL. That way there are contracts with enforcable buyout clauses for players. That would stop many schools from wanting portal players because they'd have to pay out big. NIL collectives can't enforce buyouts if a player decides to leave. So there's nothing stopping anyone from doing it. It has to be direct pay from the school. Schools see football players being employees as a liability. Idk why, but they do. So they complain when they get screwed like Washington is now, but refuse to accept the only thing that can prevent them from getting screwed which I imagine Washington disagrees with making the football players paid employees.
This post was edited on 1/8/26 at 5:01 pm
Posted on 1/8/26 at 5:06 pm to TXLSUCHE
quote:
College football is 50 independent states with varying laws x 1000's of legislature representatives that make the laws x public & private universities x conferences.
Make it one entity with franchise framework for universities. See Retail (name your brand) model in most places. Right under solution’s nose.
Contract workers and not employees in said franchise.
Conference agreements for franchisees.
Macro structure here.
Fix this chit. Do it!
This post was edited on 1/8/26 at 5:10 pm
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