This didn’t get much attention, but I think it’s worth noting that the O’Bannon suit against the NCAA and EA survived a motion to dismiss filed by the latter. And this doesn’t sound like things bode particularly well for the defendants:
The judge says this doesn’t distinguish between former and current student-athletes and “can fairly be read” as evidence of a “meeting of the minds” between the defendants to not compensate ex-collegiate athletes. The judge also points to other terms in the contract where CLC and the NCAA have written approval over all licensed products containing student-athletes’ likenesses and the broad authority to inspect EA’s financial records related to the products, “allowing them to see that payments were almost never made to former student-athletes,” says the judge.
It’s hard to defend amateurism to the grave as a business model, it seems. At least as half a business model.