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re: Ed O'Bannon lawsuit strikes another blow -SIAP

Posted on 5/10/13 at 2:14 pm to
Posted by lsu711
Member since Sep 2003
15421 posts
Posted on 5/10/13 at 2:14 pm to
quote:

You say reneging, they say contract of adhesion.


Lawyers.

I still say the best defense for the NCAA is to argue a college athletic department has overhead costs needed to support revenue generation - just like any other business. For a college athletic department, that overhead is women's sports. If UCLA gave O'Bannon & Co. 50% of revenues instead of funding women's sports, UCLA could not have legally fielded a basketball team.
Posted by RonBurgundy
Whale's Vagina(San Diego)
Member since Oct 2005
13302 posts
Posted on 5/10/13 at 2:34 pm to
NCAA Football is ending? man that sucks.
Posted by wallowinit
Louisiana
Member since Dec 2006
17880 posts
Posted on 5/10/13 at 3:13 pm to
That's not true. There is just no way!
Posted by jacks40
Baton Rouge
Member since Oct 2007
11877 posts
Posted on 5/10/13 at 3:25 pm to
quote:

there are few more bullshite concepts in law than contracts of adhesion contracts of adhesion is a concept created to allow people who made deals they regret to renege on their agreement without consequence


In general I would tend to agree, but if there ever was a scenario that supports it it would be the NCAA and incoming student athletes. Or that could just be my bias against the NCAA.
Posted by jacks40
Baton Rouge
Member since Oct 2007
11877 posts
Posted on 5/10/13 at 3:27 pm to
quote:

still say the best defense for the NCAA is to argue a college athletic department has overhead costs needed to support revenue generation


You think that's the best legal defense for the NCAA?
Posted by LSUAlum2001
Stavro Mueller Beta
Member since Aug 2003
48676 posts
Posted on 5/10/13 at 3:29 pm to
frick Ed O'Bannon.

Posted by shel311
McKinney, Texas
Member since Aug 2004
112939 posts
Posted on 5/10/13 at 4:53 pm to
quote:

I'm apparently mistaken. They are releasing NCAA 2014, but I thought I'd read that they were canning the NCAA series after this year
Yea, i don't think that's the case for NCAA, at least not a substantiated rumor.

I have heard rumors of Tiger not coming out next year so EA Tiburon can focus on programming for the PS4.
Posted by shel311
McKinney, Texas
Member since Aug 2004
112939 posts
Posted on 5/10/13 at 4:54 pm to
quote:

So we are supposed to feel bad for Ed O'Bannon because he sucked at what he did and had to find another way to try and make money? Now he is going to have even more people hate him for ending college sports games
I'm sure you would love if folks made millions of dollars off of you and you got paid nothing, right?
Posted by shel311
McKinney, Texas
Member since Aug 2004
112939 posts
Posted on 5/10/13 at 4:55 pm to
quote:

This whole thing is fricking stupid
easy to say when its not you that everyone is making one off of. And by everyone, I meanweveryone except for you.
Posted by SECSolomonGrundy
Slaughter Swamp
Member since Jun 2012
18410 posts
Posted on 5/10/13 at 6:31 pm to
quote:

Or it ensures that commercial entities in a superior bargaining position cannot take advantage of the uneducated


a. Are universities a commercial entity?
b. Are universities really in a superior bargaining position with student athletes?
This post was edited on 5/10/13 at 6:32 pm
Posted by bulldog95
North Louisiana
Member since Jan 2011
21227 posts
Posted on 5/10/13 at 8:12 pm to
quote:

easy to say when its not you that everyone is making one off of. And by everyone, I meanweveryone except for you.


did he pay for his education at UCLA. I bet he didn't pay for his housing or eats either.

He needs to figure up how much UCLA shelled out for him to attend a very good university and he needs to reimburse them for all the monetary benefits he got from attending UCLA.


He gave up his right to be pissed when people made money off his likeness when he signed the paperwork to accept the scholarship offer that UCLA gave him.

at that time he could have went straight from high school to the NBA but he choose to go to UCLA when he signed his contract (scholarship).

do we even know if there is a clause in scholarships that gives rights to universities to use a players stats and likeness for marketing and for how long they have those rights.
Posted by CtotheVrzrbck
WeWaCo
Member since Dec 2007
37538 posts
Posted on 5/10/13 at 9:27 pm to
quote:

Noooooo! My buddy and I have been keeping score of every game we've played for the last three years. Nerdy as hell but fun as heck too. I just tied up this years's series, it's 39-39. yeah yeah, CSB



I feel ya on this. My best buddy and I ran through over 40 years of dynasty mode on the 2008 version. Epic, epic battles. A good 2 years of time wasted and shite talking but what else was I going to do in a dry county and a town of 10,000 had the only stop lights in a 3 county radius.

If this lawsuit means I lose my college video games forever, I hate Ed O'Bannon even more than I already do.
Posted by jacks40
Baton Rouge
Member since Oct 2007
11877 posts
Posted on 5/10/13 at 9:48 pm to
quote:

b. Are universities really in a superior bargaining position with student athletes?


Are you serious?

Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
478412 posts
Posted on 5/10/13 at 10:03 pm to
quote:

Or it ensures that commercial entities in a superior bargaining position cannot take advantage of the uneducated.

i don't think you truly realize how ridiculous this comment is, and how it completely is impossible to regulate in reality
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
478412 posts
Posted on 5/10/13 at 10:04 pm to
quote:

Are you serious?

theoretically you could make an argument after the 1/done rule, but nothing prevented ed o'bannon from going straight to the NBA (or another professional league)
Posted by jacks40
Baton Rouge
Member since Oct 2007
11877 posts
Posted on 5/10/13 at 10:13 pm to
quote:

theoretically you could make an argument after the 1/done rule, but nothing prevented ed o'bannon from going straight to the NBA (or another professional league)


So if the option to go pro is available then all HS seniors in that sport are on equal footing in those scholarship contracts with there universities?

ETA also The poster i referred to was talking about student athletes in general, not o'bannon specifically
This post was edited on 5/10/13 at 10:16 pm
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
478412 posts
Posted on 5/10/13 at 10:17 pm to
quote:

So if the option to go pro is available then all HS seniors in that sport are on equal footing in those scholarship contracts with there universities?

huh?

what do you mean by "equal footing"?

a scholarship is a contract. it's an opportunity offered to elite players in certain sports. please tell me how many of these players are forced at gunpoint to agree to the terms of this contract (THAT is a contract of adhesion)
Posted by Draconian Sanctions
Markey's bar
Member since Oct 2008
88509 posts
Posted on 5/10/13 at 10:19 pm to
quote:



I still say the best defense for the NCAA is to argue a college athletic department has overhead costs needed to support revenue generation - just like any other business. For a college athletic department, that overhead is women's sports. If UCLA gave O'Bannon & Co. 50% of revenues instead of funding women's sports, UCLA could not have legally fielded a basketball team.


Uh yeah this is not a legal theory upon which to defend a lawsuit.
Posted by jacks40
Baton Rouge
Member since Oct 2007
11877 posts
Posted on 5/10/13 at 10:20 pm to
quote:

what do you mean by "equal footing"?


I mean the universities have a superior bargaining position over the student athletes.

quote:

these players are forced at gunpoint to agree to the terms of this contract (THAT is a contract of adhesion


Sounds more like duress to me.
This post was edited on 5/10/13 at 10:21 pm
Posted by Draconian Sanctions
Markey's bar
Member since Oct 2008
88509 posts
Posted on 5/10/13 at 10:20 pm to
quote:

NCAA Football is ending? man that sucks.


the guy who said this year is the last doesn't know what he's talking about but if O'Bannon wins this case then down the line that could happen depending on the specifics of the ruling.
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