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re: New NIL Guidelines passed

Posted on 5/9/22 at 6:17 pm to
Posted by BigSneezy
Member since Nov 2020
1881 posts
Posted on 5/9/22 at 6:17 pm to
quote:

The rules never changed, only clarification of the existing rules. At not point did anyone say it was ok to go out and buy recruits. That your boosters choose to do that, while other people didn't is your fault. It's happening, so you might as well just accept it.


You see laws trump NCAA “rules”. I know it’s hard to understand but it’s illegal to say to boosters that own companies they can’t pay students.

A company can pay anyone anything it wants and the student can sell their NIL to anyone that will purchase it.

It’s called a free market. And we have laws that govern this. Serious laws. And if there is one thing A&M has plenty of it’s lawyers.
Posted by G2160
houston
Member since May 2013
1753 posts
Posted on 5/9/22 at 6:18 pm to
quote:

That’s from players, not a member


Players for a member institution, which could happen again.

Also, off the top of my head, Oklahoma has sued the ncaa.
Posted by Draconian Sanctions
Markey's bar
Member since Oct 2008
84875 posts
Posted on 5/9/22 at 6:18 pm to
If skirting the intent of NIL isn’t why you’re getting players then what are you worried about?

quote:

And if there is one thing A&M has plenty of it’s lawyers.


Posted by BigSneezy
Member since Nov 2020
1881 posts
Posted on 5/9/22 at 6:21 pm to
quote:

The NCAA don’t over ride the courts or the law. There are over a dozen states that passed laws in congress that protects the schools and players from the NCAA. There will be lawsuits coming as soon as the NCAA attempts to punish a school for NIL violations. Hide and watch!!!


Exactly. This is a free market people. And yes, some schools are poor. That doesn’t change anything. It’s a free market people.

Sorry you are poor.
Posted by TigerLunatik
Baton Rouge, LA
Member since Jan 2005
93703 posts
Posted on 5/9/22 at 6:22 pm to
quote:

I know it’s hard to understand but it’s illegal to say to boosters that own companies they can’t pay students.

A company can pay anyone anything it wants and the student can sell their NIL to anyone that will purchase it.

I'm not a smart man, but I believe you are referring to current students while others are referring to prospective students.
Posted by Draconian Sanctions
Markey's bar
Member since Oct 2008
84875 posts
Posted on 5/9/22 at 6:24 pm to
quote:

This is a free market people.


Repeating this over and over isn’t going to change anything.

You’ll still be able to pay players btw, you just won’t be allowed to draw quite such a straight line and someone (probably A&M) Will get hammered so as to make an example.
This post was edited on 5/9/22 at 6:25 pm
Posted by Grit-Eating Shin
You're an Idiot
Member since May 2013
8434 posts
Posted on 5/9/22 at 6:27 pm to
That’s the one thing these idiot ags in this thread don’t seem to comprehend, no matter how much it’s been spelled out for them.

But please believe them when they talk about how smart they are.
Posted by BigSneezy
Member since Nov 2020
1881 posts
Posted on 5/9/22 at 6:30 pm to
quote:

I'm not a smart man, but I believe you are referring to current students while others are referring to prospective students.


It doesn’t matter. A corporation can pay anyone they choose to pay. Period. And a student athlete can sell his name image rights to whatever corporations he chooses to.

Period. The NCAA can not ever control this no matter if he is signed or not.

The only way they can is if a CONTRACT exists. And once player contracts are here we are the NFL and the “ not for profit status” is gone bye bye.

It’s not changing. Get used to it. If it does change the NCAA will be sued and eventually fold and we will have a new league with player contracts.

It’s coming.
Posted by RB10
Member since Nov 2010
43851 posts
Posted on 5/9/22 at 6:33 pm to
quote:

Exactly. This is a free market people. And yes, some schools are poor. That doesn’t change anything. It’s a free market people.

Sorry you are poor.


It doesn’t really matter who’s rich or poor. No one is allowed to pay prospective students. They can pay enrolled students.

That’s where Aggy fricked up. It probably wouldn’t be a problem if everyone associated with the program wasn’t bragging about it to anyone who’d give you attention, but you people just couldn’t help yourselves.
Posted by BigSneezy
Member since Nov 2020
1881 posts
Posted on 5/9/22 at 6:36 pm to
quote:

That’s where Aggy fricked up. It probably wouldn’t be a problem if everyone associated with the program wasn’t bragging about it to anyone who’d give you attention, but you people just couldn’t help yourselves.


Wrong. You can pay prospective students for THEIR image and likeness. Before they are a student. Just like seven eleven can pay them for working during the summer. It’s a free market. It’s the law buddy. And LAWS trump NCAA rules.
Posted by Wildcat1996
Lexington, KY
Member since Jul 2020
5997 posts
Posted on 5/9/22 at 6:38 pm to
quote:

It doesn’t really matter who’s rich or poor. 


Easily the dumbest thing ever posted on tRant concerning the NCAA.

Oof.
Posted by ColoradoAg
Colorado
Member since Sep 2011
21953 posts
Posted on 5/9/22 at 6:43 pm to
quote:

If the NCAA decides to enforce their rules aTm will be one of several programs that get hit with sanctions. The only real question is how much longer the have's of CFB play by the NCAA's rules rather than starting their own league.
How so? We weren't the programs on Twitter announcing pay for play for various positions on the field. The collectives are going to have a problem from this, simply because the only businesses that give a crap have boosters involved. But that is why they hired lawyers and went through compliance.

Good luck to the NCAA. We'll be a target, but so should numerous schools dumb enough to advertise pay per play in the open
Posted by Draconian Sanctions
Markey's bar
Member since Oct 2008
84875 posts
Posted on 5/9/22 at 6:45 pm to
Same reason LSU basketball was targeted while Kansas and Duke operate with impunity
Posted by TouchdownTony
Central Alabama
Member since Apr 2016
9689 posts
Posted on 5/9/22 at 6:47 pm to
Can't wait to hear Kiffins comments. I'll give him credit, he kinda started this whole conversation.
Posted by BigSneezy
Member since Nov 2020
1881 posts
Posted on 5/9/22 at 6:50 pm to
quote:

How so? We weren't the programs on Twitter announcing pay for play for various positions on the field. The collectives are going to have a problem from this, simply because the only businesses that give a crap have boosters involved. But that is why they hired lawyers and went through compliance. Good luck to the NCAA. We'll be a target, but so should numerous schools dumb enough to advertise pay per play in the open


Y’all act like our “ boosters” are some bubba in a car dealership. The NCAA won’t push around these corporations, the corporations will sue them. These “boosters” are legitimate, wealthy, corporations that have legal teams and corporate counsel.

Y’all act like it’s just some due slipping someone some cash. Lmao.

Posted by Lsuhoohoo
Member since Sep 2007
94548 posts
Posted on 5/9/22 at 6:54 pm to
Who's going to start the "As the sphincter tightens" thread
This post was edited on 5/9/22 at 6:59 pm
Posted by RB10
Member since Nov 2010
43851 posts
Posted on 5/9/22 at 6:59 pm to
quote:

Easily the dumbest thing ever posted on tRant concerning the NCAA.


Aggy already in full deflection mode. Nice.

Posted by tigerinridgeland
Mississippi
Member since Aug 2006
7636 posts
Posted on 5/9/22 at 7:00 pm to
It may not be that simple. It will depend in part on who is actually sanctioned. If the boosters are not sanctioned themselves, but the school is, the boosters may not have standing to sue. Having money and lawyers doesn’t give standing.
Posted by PHS
Member since Apr 2013
154 posts
Posted on 5/9/22 at 7:03 pm to
quote:

It's not retroactive, these rules are just clarification.

But beyond that, why do people think the federal court system is somehow the place where these things are decided? This will never see a court room of any level.

The NCAA is voluntary. If A&M or anyone else doesn't like it, they can just leave.

The federal court system is the place to settle it because the NCAA's remaining NIL restrictions might be illegal restraints on trade under federal antitrust law. I say "might" because the NCAA's antitrust violations are historically analyzed by the courts under the Rule of Reason, meaning they may or may not be legal. In this case, we'll see...

In House vs NCAA, DI athletes are suing for NIL damages and for an injunction against the NCAA's remaining NIL restrictions. From the consolidated amended complaint: (House is a combination of three lawsuits)
quote:

5. ...Moreover, even under its interim policy, the NCAA has not suspended enforcement of critical aspects of its NIL restraints, including those restraints prohibiting NCAA institutions from compensating student-athletes for use of their NILs, as well as restraints prohibiting NIL compensation from being contingent upon athletic participation or performance, or
enrollment at a particular school. All of Defendants’ NCAA NIL restraints are unreasonable restraints of trade, are unjustified, and should be enjoined...

32. No procompetitive purposes are served by the NCAA’ NIL rules. They all should thus be permanently enjoined, including those aspects of the NIL rules that the NCAA states it will continue to enforce under its interim policy: the rules barring NIL compensation “contingent upon enrollment at a particular school,” based on an athlete’s “athletic participation or performance,” and the rules barring NIL compensation provided by NCAA institutions in exchange for the use of a student-athlete’s name, image or likeness. These are all unjustified and unreasonable restraints on competition in the relevant labor markets...

That case survived dismissal last year and is in discovery. Class certification will come this year or next and trial is set for 2024. I've no doubt that other people will sue if the NCAA enforces those rules.

Volunteerism has nothing to do with the application of antitrust law. NCAA athletes are voluntarily so yet they successfully sued the NCAA in White, in O'Bannon and in Alston and likely will again in House. NCAA assistant coaches are voluntarily so but they once successfully sued the NCAA for capping their compensation. (Law vs NCAA.) Oklahoma and Georgia are voluntary members of the NCAA but they successfully sued the association for their TV rights. (Oklahoma Board of Regents vs NCAA.) Those were all federal antitrust cases.
Posted by BigSneezy
Member since Nov 2020
1881 posts
Posted on 5/9/22 at 7:04 pm to
quote:

may not be that simple. It will depend in part on who is actually sanctioned. If the boosters are not sanctioned themselves, but the school is, the boosters may not have standing to sue. Having money and lawyers doesn’t give standing.


Wrong. The boosters can claim the NCAA is harming their business. It’s called tortious interference. It’s a thing. And they absolutely could sue.
This post was edited on 5/9/22 at 7:07 pm
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