Another anti-trust suit is filed against the NCAA over using player likenesses. And it comes with a threat for a whole lot more where that came from:
Michael Hausfeld, the lead attorney for the O’Bannon plaintiffs, said lawyers for Kegans and Smetona have talked with him about their case.
“They’re not the first, nor will they be the last suing the NCAA in light of the judge denying class certification,” Hausfeld said. “Based on inquiries made to us, there are hundreds, if not thousands, of them already lined up.”
Greedy swine.
Of course no post on the topic would be complete without a sample of NCAA bullshit. This will do quite nicely.
The complaint quotes a hearing in the O’Bannon case from 2009 in which the court questioned an NCAA lawyer on the association’s interpretation of its release forms.
The Court: “So do you view the things that they signed, or some people may have signed, and when they graduate from college, after that, they are not bound by it anymore?
NCAA: “It depends on which things we are talking about, Your Honor.”
The Court: “Any of them. Do they all end on graduation or is there some that you contend really do continue to apply?”
NCAA: “The form 08-3a and 09-3a, by their terms, give the NCAA a limited right, and it’s limited to use certain likenesses that were created during the time period that the person was a student athlete for the limited purpose of promoting NCAA championships and general NCAA events.”
The Court: “Only up until the time they graduate?”
NCAA: “No, that continues.”
Stupid kids. Why didn’t you talk to somebody before you signed…
The Kegans complaint also argues that athletes should have legal counsel when signing such documents. The suit cites a 2009 case against the NCAA brought by then-Oklahoma State pitcher Andrew Oliver, who was declared ineligible for hiring an adviser to negotiate with professional teams. The judge in the case stated that if the NCAA intends to deal with athletes in good faith, then athletes should have the appropriate tools available to make a wise decision. The NCAA settled with Oliver in 2009 for a reported $750,000.
Oh.
What happened to the good ol’ days when kids got screwed and were appreciative about it?
Get The Picture 
Even more fun – now the pro teams are<a href=”http://deadspin.com/report-the-phillies-ratted-out-two-draft-picks-to-the-1526769641> turning informant for the NCAA when they get spurned.
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Ah hell…. Here’s the link
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TGIF>. 😉
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College football as we have known it is a dying animal. Maybe the folks who appear greedy now (HT: Mike Slive) are just gettin it while they can, knowing the future does not look good.
Sorta, kinda makes me glad I got lots of DVD’s stocked up to watch football as it once was in the fall.
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This may get out of hand until someone demands legislation similar to TORT reform where there is limitations on the amount of damages on medical malpractice. Don’t know if this would be good or bad.
Having said this I do realize I am talking out of my ass and don’t know a lick about law….
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Yeah, Scorp… gonna look a lot different in the future.
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“the 3 hole one 1” play call from the superhot mean chick quarterback and the “he’s in there” signal from the ref show that things will still be awesome in future ball notwithstanding the avalanche of litigation which is only a routine cost of doing business
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That is true. Hard to deny all the awesomeness packed into that clip.
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Brent Musburger will still be drooling in the mike for the WWLoBS, and will make an even bigger fool out of himself (Is that even possible?) over Denise Richards.
You can send me a text about the game…assuming the old folks home has Wi Fi. 🙂
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I am wearing a leather helmet with no facemask as I pound my head on the keyboard. I know that’s the way Matt Hayes would want it to be. Hopefully my keyboard pocked face will be a symbolic gesture that helps with his bad case of plantation chapped ass. Who doesn’t miss the days when you could fuck over people in perpetuity with no adverse consequences whatsoever.
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Basically the NCAA’s position from the jump has been “We get to make cash money off your likeness for as long as we want, but you don’t get to.” Putting aside the semantic arguments about stipends vs. salaries and whether a full academic scholarship already constitutes payment, I find it hard to see how a reasonable person could think that’s a fair deal.
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Hear that train coming down the track, it’s not going to stop at these law suits the concussion ones will make these seem like the good old days.
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EA was smart to settle. It’s not going to get any better for the NCAA without some form of anti-trust exemption.
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Times, they are a changin’
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