(02-04-2020 10:43 AM)Attackcoog Wrote: (02-04-2020 10:23 AM)Frank the Tank Wrote: (02-04-2020 10:09 AM)bullet Wrote: (02-04-2020 08:52 AM)chester Wrote: (02-04-2020 08:36 AM)quo vadis Wrote: To me, there is no good reason for different rules for athletes in different sports. The rule is just a way for the schools to keep "their" athletes in those sports, make it hard for them to leave.
Those athletes are treated like assets, plain and simple. Ugly look when you're in the midst of an antitrust suit that challenges compensation caps that weren't agreed to by the workers.
Right.
Exactly.
Schools and fans can't bemoan that college sports are turning "semipro" but then put restrictions in place on player movement that in order to protect the fact that (surprise!) great players on athletic teams can make a lot of money and interest for those schools. People are so worried about the Ohio States and Alabamas of the world hoarding talent that they're ignoring the whole cognitive dissonance that restricting player movement actually makes the players look *more* like professional employees. In the real world, that's called a non-compete clause in your employment agreement.
My reactions here is a giant shrug, I’ve said for a long time the only long term solution for big time college sports as we know it is probably to seek an antitrust exemption from the government in exchange for giving the government a greater oversight role in college sports. College sports isn’t pro sports. Title 9 (at least as it’s currently enforced) is incompatible with the capitalistic pro sports model. Given the recent move of multiple states toward differing third party player payment models, federal involvement is now inevitable anyway. If college sports wants to preserve as much of its current model as possible, the only way I see it working is as an institution protected by an antitrust exemption. If the objection before was that they didn’t want to invite a loss of control due to federal involvement—that involvement is now inevitable anyway. May as well game the system and get something in exchange.
Like you’ve said before—the NCAA is a walking antitrust violation. Just own it and ask for an exemption. Governent would likely do so since it’s the only way to preserve title 9 and the opportunities it affords women’s athletes.
Federal involvement might be likely but, Congress being Congress, there's no guarantee that they will ever act on anything. And they would probably wash their hands of the matter if the courts end up granting
Alston plaintiffs the relief they ask for -- a move that would settle everything, and in dramatic fashion. As Tulane's Gabe Feldman once said:
"If Alston is decided against the NCAA (a very big IF), it will make this NIL discussion seem like the 'spreads on bagels' debate. (Ie, remember when we were fighting about *that*?). A player-friendly Alston ruling would swallow up the NIL issue..."
But then there's no guarantee that that will happen, either... Leaving just the states.
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I've noticed what might be the start of a trend in state NIL legislation, something that might interest you.
For a bit of context, currently there are at least 25 states with active or prefiled NIL bills and there are close to 40 separate bills between them. (Not including duplicate companion bills in separate houses of the same legislature.)
Only 2 of those bills contain language that the NCAA would actually like to see, and, as it happens, those 2 are among the 3 most recently introduced NIL bills. Both have had early, unusually rapid success in the committee process relative to most all others.
The sponsors of both bills have said that they consulted with in-state schools before writing their bills. Now, they're not the only legislators to have done that, not at all, but they are the only ones who have bent to the NCAA's will. And they
have done that. Trust me, if you've read all the other bills (and I have because I'm a dweeb) you'd know that there is no other NIL bill anywhere near as favorable to the NCAA as these two recent ones are. Not even close. Check out these provisions:
Florida
HB 7051
Allowing schools to price-fix transactions between athletes and third parties:
An intercollegiate athlete at a postsecondary educational institution may earn compensation for her or his name, image, likeness, or persona. Such compensation must be commensurate with the market value of the services provided.
(The bill does not name an arbiter, leaving it up to the schools, would seem.)
Prohibiting rewards, inducements and any transaction between athletes and boosters:
To preserve the integrity [sic], quality [sic], character [sic], and amateur nature [sic] of intercollegiate athletics and to maintain a clear separation between amateur intercollegiate athletics and professional sports [sic], such compensation may not be provided in exchange for athletic performance or attendance at a particular institution and may only be provided by a third party unaffiliated with the intercollegiate athlete's postsecondary educational institution.
Requiring schools to price-fix the worth of the NILs of enrolled athletes at zero:
A postsecondary educational institution may not compensate a current or prospective intercollegiate athlete for her or his name, image, likeness, or persona.
No other bill contains any of those provisions...
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Colorado -
SB 20-123 plus
amendments*
This bill has conflicting provisions regarding the inability/ability of schools, or, more rather, their membered associations to infringe upon the publicity rights of athletes. I'll set that aside because it makes no sense. But this bit here is crystal clear:
Requiring schools and athletic associations to price-fix direct ability-based compensation at the cost of FCOA:
Neither an institution nor an athletic association shall: provide compensation to *current or prospective student athlete...
Long story short, if neither Congress nor the courts settle the matter. That might be pockets here and there of something that more closely resembles the status quo. (For a while, at least.)