Judge Rules In Favor of O'Bannon, NCAA Violates Anti-Trust Law

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  • RaychelSnr
    Executive Editor
    • Jan 2007
    • 4845

    #1

    Judge Rules In Favor of O'Bannon, NCAA Violates Anti-Trust Law



    Judge Claudia Wilkin ruled today that the NCAA is in violation of anti-trust law and must allow players to receive compensation for their names, image, and likenesses being used in various forms of media. This ruling comes a day after the NCAA voted to give the NCAA's five power conferences autonomy to create their own rules, which could lead to player compensation in various forms anyways.

    "In a 99-page opinion, U.S. District Judge Claudia Wilken issued an injunction “that will enjoin the NCAA from enforcing any rules or bylaws that would prohibit its member schools and conferences from offering their FBS football or Division I basketball recruits a limited share of the revenues generated from the use of their names, images, and likenesses in addition to a full grant-in-aid.” Wilken said the injunction will not prevent the NCAA from implementing rules capping the amount of money that may be paid to college athletes while they are enrolled in school, but the NCAA will not be allowed to set the cap below the cost of attendance.

    The injunction will also prohibit the NCAA from “enforcing any rules to prevent its member schools and conferences from offering to deposit a limited share of licensing revenue in trust for their FBS football and Division I basketball recruits, payable when they leave school or their eligibility expires,” Wilken wrote. Her injunction will allow the NCAA to set a cap on the money held in that trust, but prohibits the NCAA's cap to be less than $5,000 for every year an athlete remains academically eligible to compete."


    This case is far from over however, as many expect it to go all the way to the Supreme Court. For now, the wheels are definitely turning in a direction that could allow college video games to come back into play in a fully licensed and legal basis if everyone so desired -- but it may be a year or two minimum before the legal structures to allow such a return are in place.
    OS Executive Editor
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  • nascar163
    Banned
    • May 2010
    • 154

    #2
    This should get interesting over the next few days.

    Comment

    • malky
      MVP
      • Feb 2009
      • 1303

      #3
      Yeah still would take a couple of years to figure out how the pie will be divided, but I have no doubt a College Football VG will be back.
      Games I'm playing FOREVER: NFL2K5, That is all.

      Comment

      • DorianDonP
        MVP
        • May 2010
        • 1121

        #4
        Re: Judge Rules In Favor of O'Bannon, NCAA Violates Anti-Trust Law

        Hopefully this would allow for all D1 schools to be included in the game and not just the Power 5 teams. Assuming a game came back at all, of course.

        Comment

        • Cryolemon
          MVP
          • Aug 2008
          • 1669

          #5
          Re: Judge Rules In Favor of O'Bannon, NCAA Violates Anti-Trust Law

          Would be cool to see 2k Sports bid for any license that became available. Can't see it happening though.

          Comment

          • ODogg
            Hall Of Fame
            • Feb 2003
            • 37953

            #6
            Re: Judge Rules In Favor of O'Bannon, NCAA Violates Anti-Trust Law

            Awesome, can we have our game back now??
            Streaming PC & PS5 games, join me most nights after 6:00pm ET on TwitchTV https://www.twitch.tv/shaunh20
            or Tiktok https://www.tiktok.com/@shaunh741

            Comment

            • bad_philanthropy
              MVP
              • Jul 2005
              • 12167

              #7
              Re: Judge Rules In Favor of O'Bannon, NCAA Violates Anti-Trust Law

              Definitely clears the picture on the future of a college football video game. Question is if the NCAA will appeal. I thought it was a slam dunk a while ago, but with the way things are changing all around it, I almost feel like it may have died on this hill here.

              Comment

              • Gopokes15
                Rookie
                • Jun 2012
                • 159

                #8
                Re: Judge Rules In Favor of O'Bannon, NCAA Violates Anti-Trust Law

                Ncaa football 16 next gen please! And 2k feel free to make a college bball game!
                Go Pokes!!

                Favorite Teams

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                Comment

                • HenryClay1844
                  Rookie
                  • Jul 2013
                  • 275

                  #9
                  LOL the supreme court is not going to rule in favor of the athletes guarantee 5-4.

                  Comment

                  • dovuto86
                    Rookie
                    • Jul 2014
                    • 37

                    #10
                    It is now safe to say that there will never be another NCAA licensed game made ever again because it will be way too costly for game developers. I did the math on makin a college basketball game featuring all 144 teams at 16 players a team. it said each player has to be paid at least 5,000 dollars a year. So 5,000 dollars times 16 players on a team equals 11,520,000 dollars and the game most likely wont make that much...A NCAA licensed college football game will cost just as much if not more. I just don't see it happening

                    Comment

                    • dovuto86
                      Rookie
                      • Jul 2014
                      • 37

                      #11
                      Originally posted by bad_philanthropy
                      Definitely clears the picture on the future of a college football video game. Question is if the NCAA will appeal. I thought it was a slam dunk a while ago, but with the way things are changing all around it, I almost feel like it may have died on this hill here.
                      I don't believe it does because this will make it way more costly to Ea/2k to make the games

                      Comment

                      • wolverinemaniac
                        Rookie
                        • Mar 2011
                        • 412

                        #12
                        Dovuto86 you must have missed this article http://www.operationsports.com/news/747344/in-a-strange-twist-of-fate-ncaa-gamers-must-now-root-for-obannon/

                        Comment

                        • Retropyro
                          Pro
                          • Jul 2010
                          • 796

                          #13
                          Originally posted by dovuto86
                          It is now safe to say that there will never be another NCAA licensed game made ever again because it will be way too costly for game developers. I did the math on makin a college basketball game featuring all 144 teams at 16 players a team. it said each player has to be paid at least 5,000 dollars a year. So 5,000 dollars times 16 players on a team equals 11,520,000 dollars and the game most likely wont make that much...A NCAA licensed college football game will cost just as much if not more. I just don't see it happening
                          They don't have to use player names and likeness. Sell the game with random generated players and include an editor.
                          Even if the players are included, there is nothing stating that they would require a $5000 payment. We are already seeing many players who are upset that the game is not coming out this year. For many, they are just excited to be in a game. If they get something extra out of it, they'll be even happier.
                          The cost to EA or 2K would not be much. The amount given to the players would be taken from the license agreements with the NCAA, conferences and schools. Instead of the institutions getting 100% of the money, a portion would go to the players. No different than how the pro league rights and player rights work for Madden / NBA 2K etc.
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                          Comment

                          • DorianDonP
                            MVP
                            • May 2010
                            • 1121

                            #14
                            Re: Judge Rules In Favor of O'Bannon, NCAA Violates Anti-Trust Law

                            Originally posted by dovuto86
                            It is now safe to say that there will never be another NCAA licensed game made ever again because it will be way too costly for game developers. I did the math on makin a college basketball game featuring all 144 teams at 16 players a team. it said each player has to be paid at least 5,000 dollars a year. So 5,000 dollars times 16 players on a team equals 11,520,000 dollars and the game most likely wont make that much...A NCAA licensed college football game will cost just as much if not more. I just don't see it happening
                            That doesn't mean EA has to pay every player $5,000 LOL.

                            Comment

                            • fballturkey
                              MVP
                              • Jul 2011
                              • 2370

                              #15
                              Re: Judge Rules In Favor of O'Bannon, NCAA Violates Anti-Trust Law

                              If this all plays out the players will likely sign their rights away to a representation group that would then accept or decline offers. Not all players would, so you may end up with most players in the game but not all (remember Jordan not being in some NBA games and even now some coaches not being in madden?) being in the game and compensated.

                              Since some money is better than no money they will probably just sign with whoever gives more money, or multiple entities if multiple ones offer (which is unlikely unless 2K can get NFL rights as well.)
                              Teams: Minnesota Vikings, Cincinnati Reds, Marshall Thundering Herd, Virginia Tech Hokies (2010 alum)

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