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re: NIL Cap. It won't mean what you think it means

Posted on 11/5/25 at 1:19 pm to
Posted by CelticTiger
Saint Louis
Member since Feb 2019
1528 posts
Posted on 11/5/25 at 1:19 pm to
Regarding collectives, I just don't get how they operate going forward. At one point the CSC essentially outlawed collectives for failing to meet the "valid business purpose" test. Challenged, they reached a settlement allowing collective NIL payments as long as the athlete is promoting "for profit" goods or services to the public.

So in practice...I, an individual donor, wish to contribute a measly $100 to a collective that contracts with athletes attending my school. The athlete then must promote or provide for profit goods or services. I see how this might work out if I was a business owner and the athlete agreed to tweet positive things about my business. But I don't own a business. What "for profit" activity is the athlete performing for ME for my $100 contribution?

Or do collectives no longer solicit or accept contributions from individuals like me?
Posted by cardboardboxer
Member since Apr 2012
34870 posts
Posted on 11/5/25 at 1:21 pm to
quote:

The schools can offer more revenue to the players.


The system collapses if football and basketball players get the percentage of revenue that NFL and NBA players get.

Right now the value of those players are subsidizing other sports (ie women's sports protected by Title IX) or low value programs (aka the programs below Group of 5 level that still get TV money). To cut these groups out would have huge political implications for major universities that players aren't going to care about- someone will convince them they are underpaid compared to professionals and thats that.

quote:

What legal basis do you have to claim that football and basketball can't have their own CBA?


For a CBA to exist those players have to be classified as employees. That then brings in a huge burden of employment law (do players get unemployment if they are cut?) and tax implications (do players then have to pay taxes on their scholarships?).

Hence the need for congress to act to make a new class of non-employee employee specific to college sports.

Until that happens the programs prefer their half arse kinda CBA that the House lawyers tried to put together.
Posted by twk
Wichita Falls, Texas
Member since Jul 2011
2700 posts
Posted on 11/5/25 at 1:26 pm to
quote:

Yep curious to see how this plays out because only a few players have very big NIL value in reality and most are getting paid because that big booster wants to win games. Some of these big boosters are claiming they are going to back off on NIL quite a bit due to them being able to pay out of revenue now but we will see if that actually happens to a big extent.
It will be interesting. If a player offered a full ride and six figures of revenue sharing, what kind of NIL offer would it take to turn his head and make him go elsewhere?
Posted by Gator Fever
Member since Sep 2021
4014 posts
Posted on 11/5/25 at 1:35 pm to
In theory this new setup should make the usual lower standing Big 10 and SEC teams more competitive in the long run if they max out the revenue payouts on NIL.
Posted by stitchop
jonesboro
Member since Oct 2020
163 posts
Posted on 11/5/25 at 1:39 pm to
quote:

It will be the same with NIL, whatever salary cap the schools are able to implement, boosters/businesses will still be able to pay players additional money on top of that.


This exactly.

No cap, no antitrust law, no NCAA rule will be able to limit the income athletes can come up with as individuals outside of the schools payments.

That is the heart of the antitrust lawsuit.
That question was already answered by the ruling
This post was edited on 11/5/25 at 1:41 pm
Posted by New Money
Athens, GA
Member since Jun 2023
3085 posts
Posted on 11/5/25 at 1:59 pm to
quote:

The NIL Cap is coming, we all pretty much agree.


I'll agree that you don't understand NIL.

The teams are not parties to the contracts and can't limit them.
Posted by stitchop
jonesboro
Member since Oct 2020
163 posts
Posted on 11/5/25 at 2:15 pm to
quote:

I'll agree that you don't understand...reading Comprehension


If you read what I wrote, this is exactly the point I made.

People seem to think about Cap on what the schools can give athletes will be a cap on NIL.
It won't.
NIL is marketable by the athletes to no limit, by private entities
Posted by Nasty_Canasta
Your Mom’s house
Member since Dec 2024
3320 posts
Posted on 11/5/25 at 2:16 pm to
Figures lie and liars figure
Posted by Nasty_Canasta
Your Mom’s house
Member since Dec 2024
3320 posts
Posted on 11/5/25 at 2:20 pm to
quote:

Hence the need for congress to act to make a new class of non-employee employee specific to college sports.


Agree with this. As much as people are tired of government bureaucracy, there will need to be a unique identifier when handling collegiate athletes and the rights and rules they will follow, particularly for the revenue sports
Posted by AggieDub14
Oil Baron
Member since Oct 2015
14850 posts
Posted on 11/5/25 at 2:27 pm to
Why would they negotiate against their financial interests?
Posted by twk
Wichita Falls, Texas
Member since Jul 2011
2700 posts
Posted on 11/5/25 at 3:49 pm to
quote:

No cap, no antitrust law, no NCAA rule will be able to limit the income athletes can come up with as individuals outside of the schools payments.

That is the heart of the antitrust lawsuit.
That question was already answered by the ruling
The Sherman Act, and all anti-trust laws, are Acts of Congress. If Congress passes a specific act allowing schools to police NIL contracts with boosters, as proposed in the House settlement and the SCORE Act, that specific act will override all general federal anti-trust statutes, and pre-empt any state claims, too.
Posted by HTX Horn
Houston
Member since Jul 2021
1047 posts
Posted on 11/5/25 at 4:13 pm to
quote:

If Ohio State wants to overpay some untested QB, so be it. I would rather they clamp down on in-season tampering and limit the number of times a player can transfer.

Agree. Let the dummies spend stupid money or buy a bunch of names/pieces that don't mesh together. Make it easier for those trying to build a program & culture with some common sense rules on tampering and transfers.
Posted by stitchop
jonesboro
Member since Oct 2020
163 posts
Posted on 11/5/25 at 5:33 pm to
quote:

a specific act allowing schools to police NIL contracts with boosters


See more of same. Boosters are affiliated with the schools.

That's a possible outcome, but that won't address what an unaffiliated company can pay a athlete.

Any law that allows limits on how much an individual can make outside the purview of the schools will fail in the courts
Posted by RunningJacket
Member since Dec 2008
597 posts
Posted on 11/5/25 at 5:48 pm to
Landmass and Sankey both understand the true threat to the SEC’s dominance is the portal. The portal is what destroyed depth at most SEC schools and allowed the lower third of teams to make drastic improvements. It’s why Saban quit and Georgia’s run ended.

You can’t put the money schemes back in the bottle so NIL or whatever terms they come up with are here to stay. But they could try to limit the portal but I doubt that will happen due to lawsuits.

The bottom line is NIL and the portal have finally made college football a legit sport where all schools can compete instead of it being a joke of cheating teams patting themselves on the back for fake victory’s.

It’s gonna be fun watching a former Bama QB hoist a trophy for OSU.
This post was edited on 11/5/25 at 5:49 pm
Posted by DawginSC
Member since Aug 2022
7522 posts
Posted on 11/5/25 at 6:02 pm to
quote:

It’s why Saban quit and Georgia’s run ended.


UGA won two national championships in a row, but that wasn't really their run.

Their "run" is actually being good enough to be in a 12 team playoff. For the years we had a 4 team playoff, UGA was good enough to make the 12 team playoff (by end of season playoff rankings) every year under Kirby Smart other than his first in Athens.

And they're still doing that now. What UGA is doing is putting together a run of teams that are playoff quality for a lot of consecutive years so that they're in the mix for when "luck" happens and offers a title. It's what FSU did for years under Bobby Bowden... they were always in the mix and got a number of national championships because of it.
Posted by Nasty_Canasta
Your Mom’s house
Member since Dec 2024
3320 posts
Posted on 11/5/25 at 6:03 pm to
quote:

Ohio State wants to overpay some untested QB, so be it.


Except that’s not what OSU did last year. They actually paid for their defensive line, which is what helped them win a championship. You’re thinking A&M under Fisher that was idiotic spending
Posted by stitchop
jonesboro
Member since Oct 2020
163 posts
Posted on 11/5/25 at 6:47 pm to
quote:

police NIL contracts with booster


There's a part of your brain connecting reading Comprehension with understanding what is written.

Absolutely, congress can pass an act allowing schools to police or limit NIL contracts with Boosters. Boosters are affiliated with the schools.

That's not what I'm talking about.

A private individual, or business,
corp, ect can pay an athlete any amount they wish for their image rights. Any attempt to pass an act, law, rule by the congress, states, NCAA, the schools ect to limit the private transactions between an athlete and any private entity or individual will never stand in today's court environment.
Posted by 3down10
Member since Sep 2014
35415 posts
Posted on 11/5/25 at 6:50 pm to
quote:



Absolutely, congress can pass an act allowing schools to police or limit NIL contracts with Boosters. Boosters are affiliated with the schools.


You don't need congress to pass a law.
Posted by stitchop
jonesboro
Member since Oct 2020
163 posts
Posted on 11/5/25 at 7:00 pm to
The acronym NIL has been miss-applied by a lot of people because most media talking heads and sports show hosts don't think beyond the last 10 minutes of the latest attention grabbing crap flowing from other talking heads, show hosts ect.

These morons have so butchered the meaning of what NIL is, until most people who listen to their garbage spewing nonsense think the school's collectives, boosters or other means of getting money to the athletes is what NIL means.
When in reality, most of that money has nothing to do with NIL, except that because of the ruling in the lawsuit, and states passing laws that forbid sports regulating associations or conferences cannot limit athletes from earning money, the NCAA and the conferences lifted their restrictions on athletes making any money or having any job whatsoever.

You have to understand that the NCAA didn't even allow an athlete to work at McDonald's part time.
Athletes weren't allowed to have any income whatsoever no matter the source. They weren't even allowed to operate their own small business, say if someone wanted to mow yards to earn a few bucks to spend on weekends.
Posted by ouflak
Manchester, England
Member since Jul 2021
568 posts
Posted on 11/6/25 at 1:25 am to
quote:

The Sherman Act, and all anti-trust laws, are Acts of Congress. If Congress passes a specific act allowing schools to police NIL contracts with boosters, as proposed in the House settlement and the SCORE Act, that specific act will override all general federal anti-trust statutes, and pre-empt any state claims, too.


Congress (and even the Executive to some extent through EO's) can extend and elaborate those rights guaranteed under the U.S. Constitution. This has been done through labor laws, anti-trust laws, commerce laws and regulations, etc.... But Congress cannot repeal or 'override' those rights guaranteed under the U.S. Constitution. And I'm amazed at how many people keep arguing that this is somehow a thing that can be done. The Supreme Court will smash with a firm gavel any attempt to do that to pieces - unanimously. As they should, since that's what they are there for.
This post was edited on 11/6/25 at 1:36 am
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