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Realignment implication - if FSU didn't want out of the ACC before ...
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JRsec Offline
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Post: #21
RE: Realignment implication - if FSU didn't want out of the ACC before ...
(12-03-2023 02:06 PM)johnbragg Wrote:  
(12-03-2023 01:56 PM)JRsec Wrote:  
(12-03-2023 01:44 PM)johnbragg Wrote:  
(12-03-2023 01:22 PM)PeteTheChop Wrote:  Sorry, but the GOR is IRONCLAD

Do you think it got less ironclad a couple of hours ago?

The nature of the relationship of player to school, and school to conference, and conference to the NCAA have all changed. And since the impetus for that change happened to be 2 court rulings recently, and the third in 1983 which pertained to media rights, then finding leniency from the courts for enacting and acting upon their rulings, is not unlikely. In fact in the entertainment industry enacted law that impinges the profits of one of the parties, or both, have been given the command to void existing contracts and enact new ones. We'll see.

Source, citation, example of that ever happening though?

I sourced it 10 years ago and read up on it. You are an attorney you look it up.
12-03-2023 02:08 PM
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johnbragg Offline
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Post: #22
RE: Realignment implication - if FSU didn't want out of the ACC before ...
(12-03-2023 02:08 PM)JRsec Wrote:  
(12-03-2023 02:06 PM)johnbragg Wrote:  
(12-03-2023 01:56 PM)JRsec Wrote:  
(12-03-2023 01:44 PM)johnbragg Wrote:  
(12-03-2023 01:22 PM)PeteTheChop Wrote:  Sorry, but the GOR is IRONCLAD

Do you think it got less ironclad a couple of hours ago?

The nature of the relationship of player to school, and school to conference, and conference to the NCAA have all changed. And since the impetus for that change happened to be 2 court rulings recently, and the third in 1983 which pertained to media rights, then finding leniency from the courts for enacting and acting upon their rulings, is not unlikely. In fact in the entertainment industry enacted law that impinges the profits of one of the parties, or both, have been given the command to void existing contracts and enact new ones. We'll see.

Source, citation, example of that ever happening though?

I sourced it 10 years ago and read up on it. You are an attorney you look it up.

I am not an attorney. Your source adds up to "trust me, bro."
But we've been round this mulberry bush many times. Not much point going around again.
12-03-2023 02:12 PM
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Frank the Tank Offline
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Post: #23
RE: Realignment implication - if FSU didn't want out of the ACC before ...
(12-03-2023 01:42 PM)johnbragg Wrote:  
(12-03-2023 12:47 PM)quo vadis Wrote:  They do now. No respect.

I don't really don't think this will have any impact, at all.

FSU was already as motivated as they could be to get out.

This can't happen again, the 4 team playoff is over. If the ACC and the Alliance hadn't blocked the playoff, FSU would be hosting a playoff game this year. And going forward, there aren't going to be 5 P5 champs fighting for 4 spots. 99% of the time the ACC champ is hosting a quarterfinal.

The Grant of Rights either holds up in court, or it doesn't.
Do you think the judge is going to be impressed by the fact that FSU got screwed out of a playoff spot? "Well, Little Richard and hundreds of musicisans just had to kick rocks when they got screwed on GOR contracts, but the Seminoles missed a CFP, that changes everything!"

Agreed. The GOR has nothing to do with whether the CFP was fair or not, whether the commissioner got on TV to advocate hard enough or not, or anything other than the terms of the GOR and the amount that it would take to buy it out. Once again for the gazillionth time to posters that need to post about the “ironclad” GOR in every single thread about the ACC, it’s not about “ironclad” terms, but whether anyone that desires to leave the ACC is willing to risk several hundred million dollars in buyout amounts to do so and, if so, who is actually going to pay that amount (and no matter what people want to say, negotiating legitimately *hundreds* of millions of dollars of liabilities isn’t the same as anything that we have seen in realignment up to this point).
12-03-2023 02:13 PM
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johnbragg Offline
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Post: #24
RE: Realignment implication - if FSU didn't want out of the ACC before ...
(12-03-2023 02:13 PM)Frank the Tank Wrote:  
(12-03-2023 01:42 PM)johnbragg Wrote:  
(12-03-2023 12:47 PM)quo vadis Wrote:  They do now. No respect.

I don't really don't think this will have any impact, at all.

FSU was already as motivated as they could be to get out.

This can't happen again, the 4 team playoff is over. If the ACC and the Alliance hadn't blocked the playoff, FSU would be hosting a playoff game this year. And going forward, there aren't going to be 5 P5 champs fighting for 4 spots. 99% of the time the ACC champ is hosting a quarterfinal.

The Grant of Rights either holds up in court, or it doesn't.
Do you think the judge is going to be impressed by the fact that FSU got screwed out of a playoff spot? "Well, Little Richard and hundreds of musicisans just had to kick rocks when they got screwed on GOR contracts, but the Seminoles missed a CFP, that changes everything!"

Agreed. The GOR has nothing to do with whether the CFP was fair or not, whether the commissioner got on TV to advocate hard enough or not, or anything other than the terms of the GOR and the amount that it would take to buy it out. Once again for the gazillionth time to posters that need to post about the “ironclad” GOR in every single thread about the ACC, it’s not about “ironclad” terms, but whether anyone that desires to leave the ACC is willing to risk several hundred million dollars in buyout amounts to do so and, if so, who is actually going to pay that amount (and no matter what people want to say, negotiating legitimately *hundreds* of millions of dollars of liabilities isn’t the same as anything that we have seen in realignment up to this point).

It's not fair to say that "whether the GOR is ironclad" isn't a legitimate debate topic. We have learned by experience that exit fees can't be relied on to hold up in court. Exit fees are not ironclad.

"Is the GOR ironclad" means, if Florida State announced tomorrow that they were withdrawing from the ACC, and put together a schedule, would ESPN still own the rights to televise their TV games.

It is very much about ironclad vs non-ironclad contract clauses.
12-03-2023 02:16 PM
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XLance Offline
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Post: #25
RE: Realignment implication - if FSU didn't want out of the ACC before ...
(12-03-2023 12:47 PM)quo vadis Wrote:  They do now. No respect.


03-lol
If they couldn't get in as an undefeated P5 Conference champion, they wouldn't have even been given a sniff had they been in the SEC or the B1G.
12-03-2023 02:21 PM
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Utgrizfan Offline
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Post: #26
RE: Realignment implication - if FSU didn't want out of the ACC before ...
This isnt on the ACC, this just highlights the CFP Committees SEC Bias
12-03-2023 02:24 PM
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Frank the Tank Offline
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Post: #27
RE: Realignment implication - if FSU didn't want out of the ACC before ...
(12-03-2023 02:08 PM)JRsec Wrote:  
(12-03-2023 02:06 PM)johnbragg Wrote:  
(12-03-2023 01:56 PM)JRsec Wrote:  
(12-03-2023 01:44 PM)johnbragg Wrote:  
(12-03-2023 01:22 PM)PeteTheChop Wrote:  Sorry, but the GOR is IRONCLAD

Do you think it got less ironclad a couple of hours ago?

The nature of the relationship of player to school, and school to conference, and conference to the NCAA have all changed. And since the impetus for that change happened to be 2 court rulings recently, and the third in 1983 which pertained to media rights, then finding leniency from the courts for enacting and acting upon their rulings, is not unlikely. In fact in the entertainment industry enacted law that impinges the profits of one of the parties, or both, have been given the command to void existing contracts and enact new ones. We'll see.

Source, citation, example of that ever happening though?

I sourced it 10 years ago and read up on it. You are an attorney you look it up.

I think you’re referring to intra-company transactions that can impact royalties and profit-sharing. In a famous example, the stars of “Friends” and their respective estates (in the case of the late Matthew Perry) continue to receive royalties based on revenue generated from the show. Warner Bros. owns “Friends”. It also owns the now-called Max streaming service. When Warner wanted to move Friends reruns from Netflix to Max, it had to still offer Friends to the open market in order to determine the true value of the show. Otherwise, Warner could conceivably sell Friends to Max at a discount and then also reduce the royalties paid to the show’s stars. If Warner attempted to do that, the show’s stars could come in and either sue for damages and/or attempt to declare that the Warner/Max contract would be unenforceable because it artificially diminished their royalties and profit participation. The whole idea is that the Friends stars entered into a contract with royalties and profit-sharing, so Warner has to sell Friends at fair market value or else that contract could be challenged. The stars need to be paid fair value regardless of whether it’s being shown on a Warner service or a different service outside of Warner. This is a common entertainment industry issue because there are many other examples where a company might own a show or movie along with a TV network and/or service, so the company has to have arms-length transactions between their divisions or else they can get into a ton of hot water in royalty/profit-sharing issues.

As far as I know, though, that’s established by contract as opposed to being an actual law. The Friends cast negotiated that provision in their contracts and there are provisions in applicable union contracts for the same issue.

Either way, that’s not applicable to the GOR situation. The GOR was signed first and until proven otherwise, enforceable. As a result, a contract that conflicts with the GOR (such as FSU entering into a contract with the SEC or Big Ten) is the one that would be at issue as opposed to the GOR. If there’s something else that you’re referring to, please let me know.
12-03-2023 02:33 PM
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johnbragg Offline
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Post: #28
RE: Realignment implication - if FSU didn't want out of the ACC before ...
(12-03-2023 02:33 PM)Frank the Tank Wrote:  
(12-03-2023 02:08 PM)JRsec Wrote:  
(12-03-2023 02:06 PM)johnbragg Wrote:  
(12-03-2023 01:56 PM)JRsec Wrote:  
(12-03-2023 01:44 PM)johnbragg Wrote:  Do you think it got less ironclad a couple of hours ago?

The nature of the relationship of player to school, and school to conference, and conference to the NCAA have all changed. And since the impetus for that change happened to be 2 court rulings recently, and the third in 1983 which pertained to media rights, then finding leniency from the courts for enacting and acting upon their rulings, is not unlikely. In fact in the entertainment industry enacted law that impinges the profits of one of the parties, or both, have been given the command to void existing contracts and enact new ones. We'll see.

Source, citation, example of that ever happening though?

I sourced it 10 years ago and read up on it. You are an attorney you look it up.

I think you’re referring to intra-company transactions that can impact royalties and profit-sharing. In a famous example, the stars of “Friends” and their respective estates (in the case of the late Matthew Perry) continue to receive royalties based on revenue generated from the show. Warner Bros. owns “Friends”. It also owns the now-called Max streaming service. When Warner wanted to move Friends reruns from Netflix to Max, it had to still offer Friends to the open market in order to determine the true value of the show. Otherwise, Warner could conceivably sell Friends to Max at a discount and then also reduce the royalties paid to the show’s stars. If Warner attempted to do that, the show’s stars could come in and either sue for damages and/or attempt to declare that the Warner/Max contract would be unenforceable because it artificially diminished their royalties and profit participation. The whole idea is that the Friends stars entered into a contract with royalties and profit-sharing, so Warner has to sell Friends at fair market value or else that contract could be challenged. The stars need to be paid fair value regardless of whether it’s being shown on a Warner service or a different service outside of Warner. This is a common entertainment industry issue because there are many other examples where a company might own a show or movie along with a TV network and/or service, so the company has to have arms-length transactions between their divisions or else they can get into a ton of hot water in royalty/profit-sharing issues.

As far as I know, though, that’s established by contract as opposed to being an actual law. The Friends cast negotiated that provision in their contracts and there are provisions in applicable union contracts for the same issue.

Either way, that’s not applicable to the GOR situation. The GOR was signed first and until proven otherwise, enforceable. As a result, a contract that conflicts with the GOR (such as FSU entering into a contract with the SEC or Big Ten) is the one that would be at issue as opposed to the GOR. If there’s something else that you’re referring to, please let me know.

In general, doesn't this category establish the opposite precedent?
Actors used to get residuals when their shows got syndicated on local TV, or on cable. Aaron Paul would get paid when Breaking Bad reruns ran on AMC. HE doesn't get paid when you stream it on Netflix.

That's a huge technological change to the industry model, a comparable change than college football paying players openly instead of under the table. And I don't see anything about a court case rewriting those contracts.

In the actors case, the legal systems' position seems to be "you signed what you signed, hard cheese, be smarter next time." I don't see why college athletic programs would get treated differently in court using a "my industry changed, void my onerous contract" argument.

https://deadline.com/2023/09/aaron-paul-...235537587/
12-03-2023 02:49 PM
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JRsec Offline
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Post: #29
RE: Realignment implication - if FSU didn't want out of the ACC before ...
(12-03-2023 02:33 PM)Frank the Tank Wrote:  
(12-03-2023 02:08 PM)JRsec Wrote:  
(12-03-2023 02:06 PM)johnbragg Wrote:  
(12-03-2023 01:56 PM)JRsec Wrote:  
(12-03-2023 01:44 PM)johnbragg Wrote:  Do you think it got less ironclad a couple of hours ago?

The nature of the relationship of player to school, and school to conference, and conference to the NCAA have all changed. And since the impetus for that change happened to be 2 court rulings recently, and the third in 1983 which pertained to media rights, then finding leniency from the courts for enacting and acting upon their rulings, is not unlikely. In fact in the entertainment industry enacted law that impinges the profits of one of the parties, or both, have been given the command to void existing contracts and enact new ones. We'll see.

Source, citation, example of that ever happening though?

I sourced it 10 years ago and read up on it. You are an attorney you look it up.

I think you’re referring to intra-company transactions that can impact royalties and profit-sharing. In a famous example, the stars of “Friends” and their respective estates (in the case of the late Matthew Perry) continue to receive royalties based on revenue generated from the show. Warner Bros. owns “Friends”. It also owns the now-called Max streaming service. When Warner wanted to move Friends reruns from Netflix to Max, it had to still offer Friends to the open market in order to determine the true value of the show. Otherwise, Warner could conceivably sell Friends to Max at a discount and then also reduce the royalties paid to the show’s stars. If Warner attempted to do that, the show’s stars could come in and either sue for damages and/or attempt to declare that the Warner/Max contract would be unenforceable because it artificially diminished their royalties and profit participation. The whole idea is that the Friends stars entered into a contract with royalties and profit-sharing, so Warner has to sell Friends at fair market value or else that contract could be challenged. The stars need to be paid fair value regardless of whether it’s being shown on a Warner service or a different service outside of Warner. This is a common entertainment industry issue because there are many other examples where a company might own a show or movie along with a TV network and/or service, so the company has to have arms-length transactions between their divisions or else they can get into a ton of hot water in royalty/profit-sharing issues.

As far as I know, though, that’s established by contract as opposed to being an actual law. The Friends cast negotiated that provision in their contracts and there are provisions in applicable union contracts for the same issue.

Either way, that’s not applicable to the GOR situation. The GOR was signed first and until proven otherwise, enforceable. As a result, a contract that conflicts with the GOR (such as FSU entering into a contract with the SEC or Big Ten) is the one that would be at issue as opposed to the GOR. If there’s something else that you’re referring to, please let me know.

No Frank, it was in the recording industry and had to do with law changes which negated the ability of performers to perform at certain venues due to those contracted trips to promote record sales. It was also in the settling of disputes between labels which didn't for whatever reason, market what the artist had produced and the artist sought to change labels.

In this situation the changes in law as related to changing amateurism to a more professional model, contracts made when that change had not been mandated include some schools which will be majorly impacted by the change. This situation merits some cover for some to reconsider and others to make the necessary changes for compliance.
12-03-2023 02:56 PM
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quo vadis Online
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Post: #30
RE: Realignment implication - if FSU didn't want out of the ACC before ...
(12-03-2023 02:21 PM)XLance Wrote:  
(12-03-2023 12:47 PM)quo vadis Wrote:  They do now. No respect.


03-lol
If they couldn't get in as an undefeated P5 Conference champion, they wouldn't have even been given a sniff had they been in the SEC or the B1G.

IMO this is a clear cut slap in the ACC face.

If FSU had the same record but jn the SEC, they are shoe ins imo.
12-03-2023 03:02 PM
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Post: #31
RE: Realignment implication - if FSU didn't want out of the ACC before ...
(12-03-2023 12:47 PM)quo vadis Wrote:  They do now. No respect.

But it has easier route to CFP. This year it is just weird outcome with five competitive teams. In all previous years, it had only two, three or four. ACC champion could tag along the ride to CFP, most Clemson. Florida State is just unlucky to be ACC champion this year.
12-03-2023 03:02 PM
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Frank the Tank Offline
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Post: #32
RE: Realignment implication - if FSU didn't want out of the ACC before ...
(12-03-2023 02:16 PM)johnbragg Wrote:  
(12-03-2023 02:13 PM)Frank the Tank Wrote:  
(12-03-2023 01:42 PM)johnbragg Wrote:  
(12-03-2023 12:47 PM)quo vadis Wrote:  They do now. No respect.

I don't really don't think this will have any impact, at all.

FSU was already as motivated as they could be to get out.

This can't happen again, the 4 team playoff is over. If the ACC and the Alliance hadn't blocked the playoff, FSU would be hosting a playoff game this year. And going forward, there aren't going to be 5 P5 champs fighting for 4 spots. 99% of the time the ACC champ is hosting a quarterfinal.

The Grant of Rights either holds up in court, or it doesn't.
Do you think the judge is going to be impressed by the fact that FSU got screwed out of a playoff spot? "Well, Little Richard and hundreds of musicisans just had to kick rocks when they got screwed on GOR contracts, but the Seminoles missed a CFP, that changes everything!"

Agreed. The GOR has nothing to do with whether the CFP was fair or not, whether the commissioner got on TV to advocate hard enough or not, or anything other than the terms of the GOR and the amount that it would take to buy it out. Once again for the gazillionth time to posters that need to post about the “ironclad” GOR in every single thread about the ACC, it’s not about “ironclad” terms, but whether anyone that desires to leave the ACC is willing to risk several hundred million dollars in buyout amounts to do so and, if so, who is actually going to pay that amount (and no matter what people want to say, negotiating legitimately *hundreds* of millions of dollars of liabilities isn’t the same as anything that we have seen in realignment up to this point).

It's not fair to say that "whether the GOR is ironclad" isn't a legitimate debate topic. We have learned by experience that exit fees can't be relied on to hold up in court. Exit fees are not ironclad.

"Is the GOR ironclad" means, if Florida State announced tomorrow that they were withdrawing from the ACC, and put together a schedule, would ESPN still own the rights to televise their TV games.

It is very much about ironclad vs non-ironclad contract clauses.

It’s not ESPN owning the rights.

It’s about who gets paid by ESPN for such rights - the ACC or SEC.

At the same time, I’m not voicing that whether the GOR is ironclad isn’t a legitimate topic. It’s of course a legitimate topic… but the amount of conjecture here people that have no background in the law is pretty astounding. Some of the highest paid lawyers in the country have been looking at that GOR document for months (or even years) and really have little clue of how a court rule. That is what *I* have said for years (and where my own analysis was cited in a Harvard journal on this topic): I have repeatedly stated that we really have no idea if the GOR is enforceable in court. Instead, it’s a question of whether a school could ever reasonably afford to challenge it when losing could legitimately mean a school like FSU could lose 40-50% of its entire endowment.

My main objection in most of these discussions is actually all financial (as opposed to legal): too many people are VASTLY underestimating the amount potential damages for a challenger to the GOR or just want to wish them away. I don’t care how much ESPN supposedly loves the SEC: they’re not stepping in to cover several hundred million dollars in damages for a school like FSU simply to shift them from one TV package that they own for the next 13 years to another TV package that they also already own. The ACC schools reasonably aren’t walking away from that level of money, either. This isn’t a realistic “the parties will meet in the middle because that’s what reasonable minds do” situation.

So, that has always been my ask for anyone that wants a school to lace the ACC: how are they actually covering that several hundred million dollar liability? And not a magical “ESPN will broker a deal” solution. Where are they going to get someone to post up several hundred million dollars in tue event that anyone that challenges the GOR ends up being wrong? If people can point to specifics there, then we can have a plausible discussion about this topic.
12-03-2023 03:17 PM
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Frank the Tank Offline
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Post: #33
RE: Realignment implication - if FSU didn't want out of the ACC before ...
(12-03-2023 02:56 PM)JRsec Wrote:  
(12-03-2023 02:33 PM)Frank the Tank Wrote:  
(12-03-2023 02:08 PM)JRsec Wrote:  
(12-03-2023 02:06 PM)johnbragg Wrote:  
(12-03-2023 01:56 PM)JRsec Wrote:  The nature of the relationship of player to school, and school to conference, and conference to the NCAA have all changed. And since the impetus for that change happened to be 2 court rulings recently, and the third in 1983 which pertained to media rights, then finding leniency from the courts for enacting and acting upon their rulings, is not unlikely. In fact in the entertainment industry enacted law that impinges the profits of one of the parties, or both, have been given the command to void existing contracts and enact new ones. We'll see.

Source, citation, example of that ever happening though?

I sourced it 10 years ago and read up on it. You are an attorney you look it up.

I think you’re referring to intra-company transactions that can impact royalties and profit-sharing. In a famous example, the stars of “Friends” and their respective estates (in the case of the late Matthew Perry) continue to receive royalties based on revenue generated from the show. Warner Bros. owns “Friends”. It also owns the now-called Max streaming service. When Warner wanted to move Friends reruns from Netflix to Max, it had to still offer Friends to the open market in order to determine the true value of the show. Otherwise, Warner could conceivably sell Friends to Max at a discount and then also reduce the royalties paid to the show’s stars. If Warner attempted to do that, the show’s stars could come in and either sue for damages and/or attempt to declare that the Warner/Max contract would be unenforceable because it artificially diminished their royalties and profit participation. The whole idea is that the Friends stars entered into a contract with royalties and profit-sharing, so Warner has to sell Friends at fair market value or else that contract could be challenged. The stars need to be paid fair value regardless of whether it’s being shown on a Warner service or a different service outside of Warner. This is a common entertainment industry issue because there are many other examples where a company might own a show or movie along with a TV network and/or service, so the company has to have arms-length transactions between their divisions or else they can get into a ton of hot water in royalty/profit-sharing issues.

As far as I know, though, that’s established by contract as opposed to being an actual law. The Friends cast negotiated that provision in their contracts and there are provisions in applicable union contracts for the same issue.

Either way, that’s not applicable to the GOR situation. The GOR was signed first and until proven otherwise, enforceable. As a result, a contract that conflicts with the GOR (such as FSU entering into a contract with the SEC or Big Ten) is the one that would be at issue as opposed to the GOR. If there’s something else that you’re referring to, please let me know.

No Frank, it was in the recording industry and had to do with law changes which negated the ability of performers to perform at certain venues due to those contracted trips to promote record sales. It was also in the settling of disputes between labels which didn't for whatever reason, market what the artist had produced and the artist sought to change labels.

In this situation the changes in law as related to changing amateurism to a more professional model, contracts made when that change had not been mandated include some schools which will be majorly impacted by the change. This situation merits some cover for some to reconsider and others to make the necessary changes for compliance.

Ok - I’m not seeing how that recording industry example applies to the GOR. It also isn’t relevant whether college sports are considered to be “amateur” or “professional” in the exact same way that any contracts involving the Olympics or Little League World Series or anything else that may involve amateur athletes with respect to the GOR. The media rights that were assigned were for Florida State athletics regardless of professional or amateur status. NFL teams all assign their TV rights to the league, too. That simply isn’t a legal argument.

The main stretch legal argument against the GOR is that it somehow isn’t enforceable because the damages are somehow unconscionable, but that’s pretty difficult to show because if the SEC or Big Ten can turn around and can sell a league that includes FSU for $x, then it’s pretty clear evidence that the ACC would be due at least that same $x in damages (if not more due to the breach of contract).

So, once again, this is NOT a legal issue. Many of the best lawyers in the country on this issue haven’t figured out what the real exposure is on the GOR. At best, it’s a crapshoot. I’ve described it from the beginning as the equivalent of legal Russian Roulette. Therefore, what matters is where is the money coming from for FSU or anyone else to buy out their ACC GOR obligations (and in Disney’s economic situation, it can’t be that ESPN is going to pay it or somehow to convince the ACC to take a huge discount). Outside of that speculation that some type of sovereign wealth fund or private equity firm could get involved, it’s all crickets.
12-03-2023 03:32 PM
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XLance Offline
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Post: #34
RE: Realignment implication - if FSU didn't want out of the ACC before ...
(12-03-2023 03:17 PM)Frank the Tank Wrote:  
(12-03-2023 02:16 PM)johnbragg Wrote:  
(12-03-2023 02:13 PM)Frank the Tank Wrote:  
(12-03-2023 01:42 PM)johnbragg Wrote:  
(12-03-2023 12:47 PM)quo vadis Wrote:  They do now. No respect.

I don't really don't think this will have any impact, at all.

FSU was already as motivated as they could be to get out.

This can't happen again, the 4 team playoff is over. If the ACC and the Alliance hadn't blocked the playoff, FSU would be hosting a playoff game this year. And going forward, there aren't going to be 5 P5 champs fighting for 4 spots. 99% of the time the ACC champ is hosting a quarterfinal.

The Grant of Rights either holds up in court, or it doesn't.
Do you think the judge is going to be impressed by the fact that FSU got screwed out of a playoff spot? "Well, Little Richard and hundreds of musicisans just had to kick rocks when they got screwed on GOR contracts, but the Seminoles missed a CFP, that changes everything!"

Agreed. The GOR has nothing to do with whether the CFP was fair or not, whether the commissioner got on TV to advocate hard enough or not, or anything other than the terms of the GOR and the amount that it would take to buy it out. Once again for the gazillionth time to posters that need to post about the “ironclad” GOR in every single thread about the ACC, it’s not about “ironclad” terms, but whether anyone that desires to leave the ACC is willing to risk several hundred million dollars in buyout amounts to do so and, if so, who is actually going to pay that amount (and no matter what people want to say, negotiating legitimately *hundreds* of millions of dollars of liabilities isn’t the same as anything that we have seen in realignment up to this point).

It's not fair to say that "whether the GOR is ironclad" isn't a legitimate debate topic. We have learned by experience that exit fees can't be relied on to hold up in court. Exit fees are not ironclad.

"Is the GOR ironclad" means, if Florida State announced tomorrow that they were withdrawing from the ACC, and put together a schedule, would ESPN still own the rights to televise their TV games.

It is very much about ironclad vs non-ironclad contract clauses.

It’s not ESPN owning the rights.

It’s about who gets paid by ESPN for such rights - the ACC or SEC.

At the same time, I’m not voicing that whether the GOR is ironclad isn’t a legitimate topic. It’s of course a legitimate topic… but the amount of conjecture here people that have no background in the law is pretty astounding. Some of the highest paid lawyers in the country have been looking at that GOR document for months (or even years) and really have little clue of how a court rule. That is what *I* have said for years (and where my own analysis was cited in a Harvard journal on this topic): I have repeatedly stated that we really have no idea if the GOR is enforceable in court. Instead, it’s a question of whether a school could ever reasonably afford to challenge it when losing could legitimately mean a school like FSU could lose 40-50% of its entire endowment.

My main objection in most of these discussions is actually all financial (as opposed to legal): too many people are VASTLY underestimating the amount potential damages for a challenger to the GOR or just want to wish them away. I don’t care how much ESPN supposedly loves the SEC: they’re not stepping in to cover several hundred million dollars in damages for a school like FSU simply to shift them from one TV package that they own for the next 13 years to another TV package that they also already own. The ACC schools reasonably aren’t walking away from that level of money, either. This isn’t a realistic “the parties will meet in the middle because that’s what reasonable minds do” situation.

So, that has always been my ask for anyone that wants a school to lace the ACC: how are they actually covering that several hundred million dollar liability? And not a magical “ESPN will broker a deal” solution. Where are they going to get someone to post up several hundred million dollars in tue event that anyone that challenges the GOR ends up being wrong? If people can point to specifics there, then we can have a plausible discussion about this topic.

They can't.
Which is why we keep getting the kind of remarks that we keep getting from the usual suspects.
All they can do is try to establish doubt in the minds of posters like me that has no legal background.
Thank you, Frank.
12-03-2023 03:32 PM
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JRsec Offline
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Post: #35
RE: Realignment implication - if FSU didn't want out of the ACC before ...
(12-03-2023 03:17 PM)Frank the Tank Wrote:  
(12-03-2023 02:16 PM)johnbragg Wrote:  
(12-03-2023 02:13 PM)Frank the Tank Wrote:  
(12-03-2023 01:42 PM)johnbragg Wrote:  
(12-03-2023 12:47 PM)quo vadis Wrote:  They do now. No respect.

I don't really don't think this will have any impact, at all.

FSU was already as motivated as they could be to get out.

This can't happen again, the 4 team playoff is over. If the ACC and the Alliance hadn't blocked the playoff, FSU would be hosting a playoff game this year. And going forward, there aren't going to be 5 P5 champs fighting for 4 spots. 99% of the time the ACC champ is hosting a quarterfinal.

The Grant of Rights either holds up in court, or it doesn't.
Do you think the judge is going to be impressed by the fact that FSU got screwed out of a playoff spot? "Well, Little Richard and hundreds of musicisans just had to kick rocks when they got screwed on GOR contracts, but the Seminoles missed a CFP, that changes everything!"

Agreed. The GOR has nothing to do with whether the CFP was fair or not, whether the commissioner got on TV to advocate hard enough or not, or anything other than the terms of the GOR and the amount that it would take to buy it out. Once again for the gazillionth time to posters that need to post about the “ironclad” GOR in every single thread about the ACC, it’s not about “ironclad” terms, but whether anyone that desires to leave the ACC is willing to risk several hundred million dollars in buyout amounts to do so and, if so, who is actually going to pay that amount (and no matter what people want to say, negotiating legitimately *hundreds* of millions of dollars of liabilities isn’t the same as anything that we have seen in realignment up to this point).

It's not fair to say that "whether the GOR is ironclad" isn't a legitimate debate topic. We have learned by experience that exit fees can't be relied on to hold up in court. Exit fees are not ironclad.

"Is the GOR ironclad" means, if Florida State announced tomorrow that they were withdrawing from the ACC, and put together a schedule, would ESPN still own the rights to televise their TV games.

It is very much about ironclad vs non-ironclad contract clauses.

It’s not ESPN owning the rights.

It’s about who gets paid by ESPN for such rights - the ACC or SEC.

At the same time, I’m not voicing that whether the GOR is ironclad isn’t a legitimate topic. It’s of course a legitimate topic… but the amount of conjecture here people that have no background in the law is pretty astounding. Some of the highest paid lawyers in the country have been looking at that GOR document for months (or even years) and really have little clue of how a court rule. That is what *I* have said for years (and where my own analysis was cited in a Harvard journal on this topic): I have repeatedly stated that we really have no idea if the GOR is enforceable in court. Instead, it’s a question of whether a school could ever reasonably afford to challenge it when losing could legitimately mean a school like FSU could lose 40-50% of its entire endowment.

My main objection in most of these discussions is actually all financial (as opposed to legal): too many people are VASTLY underestimating the amount potential damages for a challenger to the GOR or just want to wish them away. I don’t care how much ESPN supposedly loves the SEC: they’re not stepping in to cover several hundred million dollars in damages for a school like FSU simply to shift them from one TV package that they own for the next 13 years to another TV package that they also already own. The ACC schools reasonably aren’t walking away from that level of money, either. This isn’t a realistic “the parties will meet in the middle because that’s what reasonable minds do” situation.

So, that has always been my ask for anyone that wants a school to lace the ACC: how are they actually covering that several hundred million dollar liability? And not a magical “ESPN will broker a deal” solution. Where are they going to get someone to post up several hundred million dollars in tue event that anyone that challenges the GOR ends up being wrong? If people can point to specifics there, then we can have a plausible discussion about this topic.

Let's refocus and simplify:

Status of Conferences within the current P5:
ACC: Champion snubbed for the CFP, has lost one founding member to realignment, has added two schools the Big 10 was not interested in and promoted a G5.

Big 10: Has its champ in the CFP, has not lost a school to realignment. Is adding California Los Angeles, Oregon, Southern California, and Washington next year.

Big 12: Has lost Colorado to the PAC 12, Nebraska to the Big 10, and Missouri, Oklahoma, Texas, and Texas A&M to the SEC. Its champion, which is departing to the SEC after this fiscal year, is in the CFP. They have promoted 3 G5's with Central Florida, Cincinnati, and Houston, picked up the best G5/P5 tweener in Brigham Young, and since the collapse of the PAC 12 have also picked up Arizona, Arizona State, Colorado, and Utah.

PAC 12: Has lost everyone but Oregon State and Washington State. Their conference champion is in the CFP but departing at the end of the fiscal year for the Big 10. Their future may be an alliance with the MWC, or none at all.

SEC: Has its champion in the CFP, and will add Texas and Oklahoma at the end of the fiscal year.

Only two conferences have not suffered a defection and both have grown. Those two have their champion in the CFP. Those two could expand again. And those two will have held 2 members each in this year's CFP field by this time next year.

The Big 12 has been denuded of brand schools with the possible exception of Kansas and perhaps Arizona. They have grown out of the G5 and the PAC 12 remnant and are losing their two power schools.

The PAC 12 has been nuked and could die.

The ACC raided once already, snubbed by the CFP, and with much acrimony internally over its future path, could yet implode and should it do so, the scenario laid out last year by Swarbrick and Warren will have come to fruition. There will be two college football solar systems with all of the planets coalescing around the Big 10 and SEC logos. Now in that regard the snub of Florida State absolutely will build the pressure within the ACC for their top schools to get a piece of the Super Two pie while the pie is still there to get. I think this situation accelerates a move to the Super Two.

And for the kicker which has nothing to do with that which is above. Out of the top 8 schools, after eliminating Oregon with a second loss, the committee picked the best 3 possible national brands and a school from the Pacific West, duplicating no markets in the process and maximizing potential viewership.
(This post was last modified: 12-03-2023 03:45 PM by JRsec.)
12-03-2023 03:33 PM
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ken d Offline
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Post: #36
RE: Realignment implication - if FSU didn't want out of the ACC before ...
(12-03-2023 01:28 PM)PeteTheChop Wrote:  
(12-03-2023 12:54 PM)Gamenole Wrote:  That's the silver lining in this, a blow to the status quo and more fuel added to the smoldering fire in Greensboro. And for FSU escaping the ACC is far more valuable than being in the 2023 playoff or even winning the 2023 national championship. We're talking about years of who we'll be playing and where we'll be playing them vs. 2 games max and accolades for one season.

I don't see how this makes our escape any easier, but I also don't see how it can fail to add determination to our clear desire to get out. And it will take both sides of that equation to be successful and get FSU into the SEC where we belong.

Gamenole you are way too gracious my friend.

Just remember Sankey was going on ESPN campaigning for SEC inclusion while Jim Phillips was apparently holed up in his hotel room in Charlotte.

What are the odds this would've happened with an SEC athletic director as chair of the committee?

Would their have been a different approach by Jim Phillips or Boo Corrigan if the school "on the bubble" wasn't openly scheming to leave the ACC?

Are you seriously suggesting that the committee selected Alabama because they were lobbied by Greg Sankey? I doubt they even heard him while they were deliberating.
12-03-2023 03:42 PM
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bullet Offline
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Post: #37
RE: Realignment implication - if FSU didn't want out of the ACC before ...
(12-03-2023 03:02 PM)Blust3 Wrote:  
(12-03-2023 12:47 PM)quo vadis Wrote:  They do now. No respect.

But it has easier route to CFP. This year it is just weird outcome with five competitive teams. In all previous years, it had only two, three or four. ACC champion could tag along the ride to CFP, most Clemson. Florida State is just unlucky to be ACC champion this year.

Not that weird. 2014 there were 6.

2007 there were a bunch very close.

Y'all just notice it because FSU is a brand. TCU, Baylor, WVU, Missouri, etc. were not.
12-03-2023 03:45 PM
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esayem Offline
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Post: #38
RE: Realignment implication - if FSU didn't want out of the ACC before ...
(12-03-2023 02:06 PM)TerryD Wrote:  FSU will go down in history as the only P5 conference champion to not make the playoffs.

Every season at least one P5 champ gets left out
12-03-2023 03:53 PM
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PeteTheChop Online
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Post: #39
RE: Realignment implication - if FSU didn't want out of the ACC before ...
(12-03-2023 03:42 PM)ken d Wrote:  Are you seriously suggesting that the committee selected Alabama because they were lobbied by Greg Sankey? I doubt they even heard him while they were deliberating.

What's the smarter long-term play for selection committee chairman who happens to be NC State's athletic director?

Appease Greg Sankey by making sure the SEC champion isn't left out of the CFP?

Or look out for a disgruntled ACC member determined to leave the conference as soon as it's feasible?
12-03-2023 03:53 PM
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XLance Offline
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Post: #40
RE: Realignment implication - if FSU didn't want out of the ACC before ...
(12-03-2023 03:45 PM)bullet Wrote:  
(12-03-2023 03:02 PM)Blust3 Wrote:  
(12-03-2023 12:47 PM)quo vadis Wrote:  They do now. No respect.

But it has easier route to CFP. This year it is just weird outcome with five competitive teams. In all previous years, it had only two, three or four. ACC champion could tag along the ride to CFP, most Clemson. Florida State is just unlucky to be ACC champion this year.

Not that weird. 2014 there were 6.

2007 there were a bunch very close.

Y'all just notice it because FSU is a brand. TCU, Baylor, WVU, Missouri, etc. were not.


Texas and Alabama are bigger brands than Florida State. That's why they are in and the 'Noles aren't.
The folks that are broadcasting the playoffs wanted to insure the largest audience possible.....Disney really needs the money.07-coffee3
12-03-2023 03:54 PM
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