(08-19-2016 09:23 PM)HtownOrange Wrote: The first claim by ESPN would be that the Big 12 is taking properties already bargained for, and abusing their right to expand to injure a party to the contract. This assumes that the Big 12 is looking at ESPN properties (I believe but won't swear to it the AAC, CUSA and MAC are ESPN properties - if someone has better info, please correct me and share with us all) whch most potential schools are.
But Cincinnati versus Texas with a playoff berth on the line is not worth the same as say, Cincinnati versus SMU with a Military Bowl berth at stake.
Also, if you were Cincinnati, wouldn't you then sue ESPN for effectively blackballing you from ever improving your lot? Again, I'm not an attorney but isn't that collusion?
This is not a caste system.
(08-19-2016 09:23 PM)HtownOrange Wrote: Next would be tortious interference with a contract (in some jurisdictions, his may be rolled in the first claim).
See above.
(08-19-2016 09:23 PM)HtownOrange Wrote: Then ESPN may get wind of Fox pushing the expansion and they could claim a conspiracy. Nothing may become of this but the expansion can be delayed and the conference would spend a ton of money, etc.
That would get expensive for ESPN too – especially if they're losing money hand over fist as I think they would.
(08-19-2016 09:23 PM)HtownOrange Wrote: Regardless, if the Big 12 does not play nice now, they certainly cannot expect ESPN to play nice when it is time to renegotiate the deal.
ESPN is not going to play nice anyway, that's my point.
This isn't about being nice, it's about business. If Texas and Oklahoma remain involved in the Big 12 post this GOR, it doesn't matter what ESPN thinks because they will remain a valuable property with plenty of suitors.
Conversely, if those programs are not involved in the league post-2025, it doesn't matter how kind they are to ESPN now, they are going to be hosed because they would no longer be a valuable property.
Personally, if I were the Big 12, I would milk ESPN for every nickel I could. They signed a contract and they knew the terms going in. They would hold you to it and you should hold them to it.
(08-19-2016 09:23 PM)HtownOrange Wrote: ESPN can sell their rights if they can find a buyer and the buyer could provide equal service (read access to the network). The Big 12 would have a potential claim if ESPN sold the rights and the new owner could not deliver the exposure that ESPN does. Or they can negotiate a compromise.
Any option can be ESPN's end game. They know what they want and will not lose in the long run nor will most P5 schools, though a few Big 12 schools could.
To me that gets us into questions like what is the inherent value of any school? That's a tricky thing to answer/prove.
For example, what's the difference between the profiles of Connecticut and Kansas other than the fact that KU gets to play Texas and Oklahoma every year whereas Connecticut is relegated to playing Tulsa and SMU?
I think ESPN is playing a very dangerous game and they're going to lose. The Big 12 is definitely going to expand by at least two teams – there's just no doubt about that. Personally, I still think they should expand by four teams (BYU, Cincinnati, UConn and Houston) but it will definitely be two.