(07-06-2021 08:53 AM)dansplaining Wrote: (07-06-2021 08:42 AM)emu steve Wrote: (07-06-2021 06:29 AM)dansplaining Wrote: (07-06-2021 06:11 AM)emu steve Wrote: (07-05-2021 05:27 PM)Jerry Weaver Wrote: Guys this is a freaking circus!
A competent NCAA commissioner would have seen this storm coming as California passed their own NIL law long ago. He would have marshalled the support of the P5 conference Presidents and went to congress to explain why certain anti-trust exemptions were needed as most NCAA programs DO NOT generate profits. Instead the NCAA is thrust immediately into a free-for-all of chaos, where we simply are forced to accept the results of once the "smoke clears".
This has become a clusterf--k, thank you Mark Emmert.
The NCAA is a dysfunctional organization. They did see this storm coming but had no clue how to deal with it.
As noted, this thing has landed on college sports doorstep and no one, e.g., NCAA, players, etc. seem to know what to do with it.
What I learned from THIS thread. No one seems to know what NIL really means.
I'm not a lawyer, but I DO know, one doesn't know the law because they know the English language. (Remember, you are NOT free to holler 'fire' in a theater because you have 1st amendment speech rights.).
What rights do schools have to market their school and sports?
What rights do athletes have to market their NIL?
Hutchinson could have his image on a pizza box BUT can't do so in an EMU uni.
EMU can have Hutchinson's jersey on a pizza box but not his name.
My guess: For the first year (or whatever) the LAWYERS are the big winners.
Here's a fun explainer of NIL rights:
https://www.sbnation.com/2021/7/1/225580...-explained
Two points:
1). Even though the author was an athlete and has general knowledge of what she speaks, she presumably isn't a lawyer or USPTO (Patents Trademarks Office of the U.S. government. I have a friend whose son works there). Once again, I want to read what lawyers and PTO folks, esp. sports, have to say.
Folks writing for SBNation, etc. are not lawyers, doctors, etc. and really don't have the expertise to speak about PTO issues, medical issues, etc.
One can watch cable and see a parade of legal minds, lawyers, FBI, SDNY, etc. and hear legal issues discussed by the best in the business. They are the best legal mind not journalists.
2). I'm in favor of allowing college athletes to borrow money while on athletic scholarship. COA money isn't hardly enough for most student athletes to survive. BTW, I hope athletes got stimulus this year. Correct? Let them borrow say a sum equal to $500 / month (6K for a 12 month year). The idea isn't that a CFB player shouldn't have more than $10 in his pocket. They may have significant expenses like that phone in their pocket and phone service.
Jay Bilas is a former college athlete and a lawyer. Here's what he has to say:
https://www.npr.org/2021/06/29/101141507...a-nil-vote
I'm surprised by Jay's comments. He is too smart to say a lot of what he said.
A young man joins a Catholic seminary and gives away many of his rights (including the right to marry, the right to live in private housing, etc.) to become a Priest. And that Priest can't say, I'm leaving X diocese and want to start my own parish in Y diocese.
A solider gives away his/her rights to quit anytime they want, pick the city or country they serve, etc. etc. to join the military.
College and pro athletes are in specific fields where they literally give up some of their individual rights for other rights (the right to be a student athlete). As we've discussed many times, a FB player can not quit school X and join school Y, the following week. A high school FB player can quit in the middle of the season. If a college or NFL player quits in the middle of the season...
The LOI, the athletic scholarship docs, etc. are legal documents. A student athlete makes certain promises and in turn the school makes certain promises. The promises are significant. E.g., a year at some colleges with R&B, etc. might be worth 50K.
Any time someone signs a contract they make promises which they would rather not (e.g., make a car payment).
Some employees, e.g., contractors, are bound by contracts.
When I was a federal employee I gave up some of my 'free speech' rights (provisions of the Hatch Act.) Believe I gave up rights to any patents, trademarks, etc. Dr. Fauci or his team can not get patents on scientific discovery made by them or through monies given to researchers.
They notion that because Mary Q. Coed can go home on the weekends doesn't mean her boyfriend, a football player, can.
The notion that we are all 'free spirits' to do like we wish and like others can do is simply not the way the world is.
P.S. A school teacher in Loudon County, Va. got into a squabble with his school board about trans issues and his 'free speech' rights. It is boiling.