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Scotus/NCAA decision

I'm sure Art or someone else will correct me if i am wrong, but wrestling is limited to 9.9 scholarships by Title IX rules. Several wrestling schools are self imposed to under that limit. But, as it seems every other rule is being thrown out, I would guess all it would take is for someone to challenge the rule.

Title IX, the law itself, says nothing about limits on varsity scholarships. Schools could give every varsity athlete, male or female, a full scholarship and comply with Title IX. Guess why they don't?
 
This is why the NFL should be more like baseball and have their own minor league. Kids could get drafted and sign a contract for pay or they could elect to remain an amateur and go to college. Unfortunately that won't happen.
Agreed. I would heartily endorse an NFL minor league where kids who don't want to go to college could play after HS to prep for the NFL. I probably wouldn't watch it, but it would return NCAA football to what it is supposed to be: college students competing against each other. Don't want to "play school"? Go to the minor league.

This model seems to work fine for hockey and baseball. Why not football?
 
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Absolutely. Grad students in the sciences are the closest thing we have to indentured servitude.
This will be bad for American research, though.
I was a graduate student for five years. It is not indentured servitude at all.

Like any job, it is possible you have a bad boss (major professor/advisor). There is nothing stopping you from leaving that situation.

Yes, the pay is low, but the training/education is extremely valuable.
 
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Why the NCAA wouldn't simply work with the pro leagues to get them to lift their age restrictions/guidelines to prevent this is BEYOND me. What is about to happen will be an out and out disaster.
This is great in theory, but what motivation would the NFL have to drop their age requirements to help out the NCAA. To my knowledge, the NFL doesn't state you have to go to college, it just states you have to be 3 years out of high school. In theory, Trevor Lawrence could have bagged groceries for 3 years and still been eligible for the NFL draft.
 
They aren't there yet but it's what's next. NIL is what they're focused around. What people are thinking is "why shouldn't a player be able to profit off his/her own name and brand etc". Which on its face is true. But the reality is, 99.9 percent of college athletes aren't famous or marketable enough to actually make real money on their name and likeness. Sure, Trevor Lawrence could have signed with 50 different companies and made a fortune, but guys like him are the outlier.

The reason the NCAA said players can't profit of their NIL and the reason it will be a disaster, is it will be used as a way to directly pay the players to sign with a school completely out in the open and create a bidding system for any and all players. So now, while a school might be willing to call the bagman to the get the cream of the crop recruit, every kid can walk into the recruiting process and openly negotiate a contract effectively.
One thing I have read but haven't seen discussed much is that even though NIL will likely allow athletes to profit from their name, image and likeness it will not supercede university copyrights. In other words, Trevor Lawrence could appear in on a billboard for a used car dealer, but he could not appear in his jersey or helmet or make use of university trademarks.

I think that may turn out to be a huge deal, especially for football. because not many players are recognizable out of uniform (beyond, "hey that guys is big, I bet he's a football player").
 
I was a graduate student for five years. It is not indentured servitude at all.

Like any job, it is possible you have a bad boss (major professor/advisor). There is nothing stopping you from leaving that situation.

Yes, the pay is low, but the training/education is extremely valuable.
One thing I have read but haven't seen discussed much is that even though NIL will likely allow athletes to profit from their name, image and likeness it will not supercede university copyrights. In other words, Trevor Lawrence could appear in on a billboard for a used car dealer, but he could not appear in his jersey or helmet or make use of university trademarks.

I think that may turn out to be a huge deal, especially for football. because not many players are recognizable out of uniform (beyond, "hey that guys is big, I bet he's a football player").
This needs clarification. Is the following a true statement?: “College players may appear in advertisements wearing their school’s jersey or helmet with the school’s permission?”
 
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This needs clarification. Is the following a true statement?: “College players may appear in advertisements wearing their school’s jersey or helmet with the school’s permission?”
Probably. But I think the problem you run into here is the same problem you run into when the tiny high school in Montana gets sued by Notre Dame for using their logo: my understanding is that if you do not vigorously defend your copyrights, then you essentially lose the right to sue in the future. So if Notre Dame doesn't sue the tiny high school (or let's them use the logo for free), then anyone can then use the logo.

Maybe I'm explaining that poorly (or maybe I misunderstand), so if there is an attorney who wants to chime in, please do so.

I do not know if there is some stated exemption or legal loophole for "associated individuals making a profit from the university's trademarks". More likely it would seem that the licensing agreement (between the player and the advertiser) would have to include the university as a third party. That might make this less palatable to advertisers but who knows.
 
One thing I have read but haven't seen discussed much is that even though NIL will likely allow athletes to profit from their name, image and likeness it will not supercede university copyrights. In other words, Trevor Lawrence could appear in on a billboard for a used car dealer, but he could not appear in his jersey or helmet or make use of university trademarks.

I think that may turn out to be a huge deal, especially for football. because not many players are recognizable out of uniform (beyond, "hey that guys is big, I bet he's a football player").
I think you're missing the point. The whole NIL thing is BS. It isn't actually going to be used for legit endorsements most of the time. What it is going to allow is for teams to offer "packages" to HS recruits.

So for example, you can have boosters guarantee jersey sales. If the jersey doesn't sell, booster X will buy enough to make sure player gets his 100k he's promised etc. X number of local car dealerships will pay for autograph sessions. It will all be just guaranteed money and find creative ways to do it.
 
Probably. But I think the problem you run into here is the same problem you run into when the tiny high school in Montana gets sued by Notre Dame for using their logo: my understanding is that if you do not vigorously defend your copyrights, then you essentially lose the right to sue in the future. So if Notre Dame doesn't sue the tiny high school (or let's them use the logo for free), then anyone can then use the logo.

Maybe I'm explaining that poorly (or maybe I misunderstand), so if there is an attorney who wants to chime in, please do so.

I do not know if there is some stated exemption or legal loophole for "associated individuals making a profit from the university's trademarks". More likely it would seem that the licensing agreement (between the player and the advertiser) would have to include the university as a third party. That might make this less palatable to advertisers but who knows.
Yeah, that’s a familiar issue. I had not thought of it in this context.
 
I should point out that, as I understand it, Kavanaugh’s concurring opinion is not related to the question of the current lawsuit but is something whose impact is yet to be seen.
He seems to be leaving the door wide open for another, more comprehensive lawsuit.
 
One thing I have read but haven't seen discussed much is that even though NIL will likely allow athletes to profit from their name, image and likeness it will not supercede university copyrights. In other words, Trevor Lawrence could appear in on a billboard for a used car dealer, but he could not appear in his jersey or helmet or make use of university trademarks.

I think that may turn out to be a huge deal, especially for football. because not many players are recognizable out of uniform (beyond, "hey that guys is big, I bet he's a football player").
But can Clemson stop Trevor Lawrence from going to a local shirt print shop and getting a Clemson colored shirt with his number printed on it and appearing on said billboard.

I know I wouldn't recognize many college football players because unless they throw a graphic up with the players picture the only time I see them is with a helmet on. If I saw the PSU football starters and the PSU wrestling starters in groups I would get all 10 wrestlers names. Probably not more than 1 or 2 football players.
 
Kavanaugh: “Nowhere else in America can a business get away with agreeing not to pay their workers a fair market rate on the theory that their product is defined by not paying their workers a fair market rate.”

“This argument is circular and unpersuasive.”
That marks the end of the student athlete. Period. They are now employees. For a few, this will be great. But this now makes every benefit subject to taxation. Including tuition. For many, if not most, now former student athletes, this will be a heavy burden.
 
But can Clemson stop Trevor Lawrence from going to a local shirt print shop and getting a Clemson colored shirt with his number printed on it and appearing on said billboard.

I know I wouldn't recognize many college football players because unless they throw a graphic up with the players picture the only time I see them is with a helmet on. If I saw the PSU football starters and the PSU wrestling starters in groups I would get all 10 wrestlers names. Probably not more than 1 or 2 football players.

Yes. If the shirt is a dead-ringer for a Clemson jersey, the school can sue the wearer (and the manufacturer), the owner of the billboard, and the producer of the product being advertised (and all of their grandmothers) for trademark infringement. That's usually why you see many athletes in commercials wearing jerseys that you would otherwise find in Africa or Latin America.
 
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It was 9-0, now that we’re aware of the issues we can all say we aren’t surprised it’s come to this. I can’t remember who in particular was saying this but I know that posters here have been saying that it would eventually come to this and here we are. “I’ll take Foregone Conclusions for $1000, Alex.”


For decades the NCAA has been working in their very own bubble which they designed themselves. This change of procedure will be historic and there are going to be a ton of lawsuits going forward, that’s a fact.

200w.gif
 
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It was 9-0, now that we’re aware of the issues we can all say we aren’t surprised it’s come to this. I can’t remember who in particular was saying this but I know that posters here have been saying that it would eventually come to this and here we are. “I’ll take Foregone Conclusions for $1000, Alex.”


For decades the NCAA has been working in their very own bubble which they designed themselves. This change of procedure will be historic and there are going to be a ton of lawsuits going forward, that’s a fact.

I'll step up and pat myself on the back. Doesn't take much to recognize the NCAA as a price fixing cartel.
 
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Yes. If the shirt is a dead-ringer for a Clemson jersey, the school can sue the wearer (and the manufacturer), the owner of the billboard, and the producer of the product being advertised (and all of their grandmothers) for trademark infringement. That's usually why you see many athletes in commercials wearing jerseys that you would otherwise find in Africa or Latin America.

fairgambit must he drooling more than when he is with Elisabeth.
 
It was 9-0, now that we’re aware of the issues we can all say we aren’t surprised it’s come to this. I can’t remember who in particular was saying this but I know that posters here have been saying that it would eventually come to this and here we are. “I’ll take Foregone Conclusions for $1000, Alex.”


For decades the NCAA has been working in their very own bubble which they designed themselves. This change of procedure will be historic and there are going to be a ton of lawsuits going forward, that’s a fact.
It really is hard to fathom that seemingly nobody at the NCAA saw this coming. Some kind of preemptive and proactive reform might have been able to prevent this.

Im excited to see how this all plays out over the coming years.
 
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It really is hard to fathom that seemingly nobody at the NCAA saw this coming. Some kind of preemptive and proactive reform might have been able to prevent this.
Yes. I really dunno why they got so pigheaded, against all evidence. My career was in academe, where this sort of pigheadedness was commonplace, so it’s not as if I’m surprised.
 
Yes. I really dunno why they got so pigheaded, against all evidence. My career was in academe, where this sort of pigheadedness was commonplace, so it’s not as if I’m surprised.
That is a big part of it, but don't underestimate Don Remy's uncontrollable urge to make sure that Latham Watkins got greased.
 
I was a graduate student for five years. It is not indentured servitude at all.

Like any job, it is possible you have a bad boss (major professor/advisor). There is nothing stopping you from leaving that situation.

Yes, the pay is low, but the training/education is extremely valuable.

This didn't take long.

Graduate Student Researchers At University Of California Seek Union Representation​


 

This didn't take long.

Graduate Student Researchers At University Of California Seek Union Representation​


It is certainly their right to try to do this. However, graduate students are a very unique category of part time employees. In fact, not all graduate students (even in STEM) are employees. Some are on fellowship; some are unpaid. This makes unionization problematic (IMHO)
 
Good thing PSU
It was 9-0, now that we’re aware of the issues we can all say we aren’t surprised it’s come to this. I can’t remember who in particular was saying this but I know that posters here have been saying that it would eventually come to this and here we are. “I’ll take Foregone Conclusions for $1000, Alex.”


For decades the NCAA has been working in their very own bubble which they designed themselves. This change of procedure will be historic and there are going to be a ton of lawsuits going forward, that’s a fact.

200w.gif

You could probably list about 20 posters here. That Gorsuch opinion and the Kavanaugh warning shot read like something right off this board down to the very rationales given in the opinion(s).
 
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Personally, I think this ruling is great. It can easily be used to force athletes back into the classroom to get that additional compensation. The ncaa should be all for that. Should be.

The accompanying opinion piece, while not binding, should obliterate some of the draconian rules the ncaa uses to divert money away from the leeches and back towards the people who generate it. Should (lol).
 
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Personally, I think this ruling is great. It can easily be used to force athletes back into the classroom to get that additional compensation. The ncaa should be all for that. Should be.

The accompanying opinion piece, while not binding, should obliterate some of the draconian rules the ncaa uses to divert money away from the leeches and back towards the people who generate it. Should (lol).

Brett did good on this one. Get him a sixer.

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Personally, I think this ruling is great. It can easily be used to force athletes back into the classroom to get that additional compensation. The ncaa should be all for that. Should be.

The accompanying opinion piece, while not binding, should obliterate some of the draconian rules the ncaa uses to divert money away from the leeches and back towards the people who generate it. Should (lol).
You have a great sense of humor. After 116 posts most of which are astounded by the arrogance and stupidity of the NCAA and with the knowing compliance of their member institutions, you now hope that they do the right thing.
 

This didn't take long.

Graduate Student Researchers At University Of California Seek Union Representation​



Students tried this when I was in graduate school at University of Illinois in the mid-‘90s. I didn’t give a shit. My priority was to do my research, get the f*ck out of there, and get a real job. I was too busy to take it to the streets and be bothered with union shit.
 
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Probably. But I think the problem you run into here is the same problem you run into when the tiny high school in Montana gets sued by Notre Dame for using their logo: my understanding is that if you do not vigorously defend your copyrights, then you essentially lose the right to sue in the future. So if Notre Dame doesn't sue the tiny high school (or let's them use the logo for free), then anyone can then use the logo.

Maybe I'm explaining that poorly (or maybe I misunderstand), so if there is an attorney who wants to chime in, please do so.

I do not know if there is some stated exemption or legal loophole for "associated individuals making a profit from the university's trademarks". More likely it would seem that the licensing agreement (between the player and the advertiser) would have to include the university as a third party. That might make this less palatable to advertisers but who knows.
Want to bet the university allows it.....for a fee? Sure Trevor you can get paid $25,000 for an upstate car dealership ad in your Clemson uniform, but Clemson will need 20% of that as a fee for the uniform/ helmet/ logo rights.
 
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