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NFL minor league - Transfer Portal lawsuit

7,791 Views | 35 Replies | Last: 1 mo ago by BMX Bandit
Hellcat64
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College football will become nothing more than an NFL minor league if the AGs win this lawsuit. It will be all about free agency and who pays the most. We're almost there now but this will break it wide open.

https://theathletic.com/5121301/2023/12/07/ncaa-antitrust-lawsuit-transfer-eligibility-rule/
Jugstore Cowboy
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AG

Quote:

More than 1,100 college football players entered the transfer portal on Monday of this week, which represented a 44 percent increase from the previous record-setting day of 780 entries on Dec. 5, 2022.
BMX Bandit
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The reason that this lawsuit is not going to break it wide open is because Congress is going to pass legislation allowing the NCAA to regulate all of this.

Part of the reason these states are filing these lawsuits is to spur Congress to act.

https://www.cruz.senate.gov/newsroom/press-releases/sen-cruz-releases-discussion-draft-of-bill-to-codify-nil-rights-for-athletes-provide-legal-certainty-for-college-athletics

Hellcat64
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BMX Bandit said:

The reason that this lawsuit is not going to break it wide open is because Congress is going to pass legislation allowing the NCAA to regulate all of this.

Part of the reason these states are filing these lawsuits is to spur Congress to act.

https://www.cruz.senate.gov/newsroom/press-releases/sen-cruz-releases-discussion-draft-of-bill-to-codify-nil-rights-for-athletes-provide-legal-certainty-for-college-athletics


Don't see it ever getting signed by the President.
BMX Bandit
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Maybe not the exact bill Cruz wants, but a bill is going to be signed.

The conference heads are all begging for it and Washington would like nothing more than to have another entity they can lord over.

ElephantRider
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NFL at least has contracts and a salary cap
AggieDub04
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I don't see how Cruz' bill does anything to help the situation.

There is zero chance the database winds up being constitutional. You cannot force a person to share their salary if that person isn't a willing part of an entity with some benefit back to the individual (ie a union).

There is nothing in here at all to prevent the current state from continuing. All it does is indemnify schools and players with safe harbors and setup requirements for agents.
Dr. Horrible
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ElephantRider said:

NFL at least has contracts and a salary cap
So much this. Not a single year crapshoot year after year.
BMX Bandit
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AggieDub04 said:

I don't see how Cruz' bill does anything to help the situation.

There is zero chance the database winds up being constitutional. You cannot force a person to share their salary if that person isn't a willing part of an entity with some benefit back to the individual (ie a union).

There is nothing in here at all to prevent the current state from continuing. All it does is indemnify schools and players with safe harbors and setup requirements for agents.
depends on what you mean by "help the situation."

this thread is about transfers and it seems the biggest problem people have right now is transfers.

this bill would let NCAA put in rules on transfers without worrying about antitrust lawsuits.

you can force a person to share that information if a law says they have disclose it to the school. the current law in texas requires the NIL contract to be provided to the school.

not sure what you mean by "nothing to prevent the current state from continuing" That is exactly what it is aimed at changing
CowDog
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Hellcat64 said:

College football will become nothing more than an NFL minor league if the AGs win this lawsuit. It will be all about free agency and who pays the most. We're almost there now but this will break it wide open.

https://theathletic.com/5121301/2023/12/07/ncaa-antitrust-lawsuit-transfer-eligibility-rule/
It already is a de facto minor league.

The amounts of money the networks pour into it has made this inevitable.

ITs driven re-alignment to where you will have a pool of 'super league" teams that ultimately play in an NFL-like post-season. All packaged for maximum revenue for TV networks. Sports after all is the only thing they got left that folks will pay a premium for.

And the unspoken hook all parties quietly support if the gambling element of it. Like tobacco and alcohol industries, they will leverage people's addictions to it to cement an audience.

Not because they hate college football. Or even college football fans. They see a way to make a nickel and a dime, and if they gotta turn college football into NFL-lite, then thats what is going to happen.
BMX Bandit
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DoJ joins lawsuit.

One step closer to national legislation in new body to control college football. This is only way to solve the transfer problem.

https://www.justice.gov/opa/pr/justice-department-joins-lawsuit-challenging-national-collegiate-athletics-associations-ncaa
Bag
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I guess my question is this.

What is the problem with all of this?

What are we mad about?

I am a freedom loving American and a capitalist. I honestly don't care if kids want to leave their current situation (for whatever reason) and try something else. I also think it is ridiculous that the cabal aka NFL has a salary cap. If you love freedom and capitalism how in the world can you support the NFL that caps players earning potentials so the owners can line their own pockets? It is completely nonsensical

I am fine with what college football has become and I think it will begin to simmer down over the next several seasons.

Never forget that this is ALL the fault of the NCAA and its unadulterated greed

Pigs get fat and hogs get slaughtered
jaxisback
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Competitive balance.

That's why leagues have anti-trust exemptions and salary caps.

It's viewed as bad for the league(and players) if New York wins the championship 50% of the time because they can spend 4 times what Kansas City can.

I tend to agree and it would ultimately destroy fan interest and decimate demand.
QB1
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Yawn, Bru McCoy changed a ton and every time got to play
BMX Bandit
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Quote:

I also think it is ridiculous that the cabal aka NFL has a salary cap. If you love freedom and capitalism how in the world can you support the NFL that caps players earning potentials so the owners can line their own pockets? It is completely nonsensical
you do know the NFL players want that salary cap right?
spherical
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Quote:

I also think it is ridiculous that the cabal aka NFL has a salary cap. If you love freedom and capitalism how in the world can you support the NFL that caps players earning potentials so the owners can line their own pockets? It is completely nonsensical


Economic system of preference doesn't apply. The nfl and ncaa aren't you know… countries tasked with the long term thriving of their citizens. They are bodies tasked with the success of their sport/business. Salary cap in the nfl, for one thing, promotes parity. Without parity all the small market teams would eventually whither and die, and thus follows the nfl.

Edit: didn't mean to reply to bmx there
Ogre09
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I want contracts to drive stability. Perpetual free agency is too chaotic and unmanageable. Lock them in with a deal. I want college football to look more like the NFL. Hell, let's make a draft while we're at it. Big 10 and SEC can operate like AFC and NFC. The rest of the teams can be in a lower tier. And we can have relegation to move teams in and out of the top conferences.
greg.w.h
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BMX Bandit said:

The reason that this lawsuit is not going to break it wide open is because Congress is going to pass legislation allowing the NCAA to regulate all of this.

Part of the reason these states are filing these lawsuits is to spur Congress to act.

https://www.cruz.senate.gov/newsroom/press-releases/sen-cruz-releases-discussion-draft-of-bill-to-codify-nil-rights-for-athletes-provide-legal-certainty-for-college-athletics


No they are not and like SCOTUS swats it down. Cruz is the most incompetent loud-mouthed U.S. Senator of all time.
BMX Bandit
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Sorry, Cruz is not like your boy Chuck Schumer.

If you don't think Congress is going to pass legislation on this, you just aren't paying attention.

What do you think SOTUS is going to swat down? Congress can give antitrust exemptions to businesses.
AgfromHOU
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Dr. Horrible said:

ElephantRider said:

NFL at least has contracts and a salary cap
So much this. Not a single year crapshoot year after year.


NLI should be a two year contract, at minimum, with the option to sign for three or four years. And this goes both ways so the school can't yank a scholarship in the middle of the contract.
knoxtom
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You don't need a governing body, you just need to put in contract law.

HS grads get anywhere up to 3 year contracts with 2 one year extensions allowed. School can pay whatever they want. No more hardships, no nothing. You got 5 years deal with it.

If the HS kid has a 1 year deal then they can move on whenever they want once that year is done, but if they sign that three year deal then they are bound by it and can't go to another school or it is breach of contract.

Allow schools to sue each other for tortious interference with a contract, that will stop the backdoor poaching
BarNone-Aggie
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He'll only sign it if he can remember his own name.
Bag
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BMX Bandit said:

Quote:

I also think it is ridiculous that the cabal aka NFL has a salary cap. If you love freedom and capitalism how in the world can you support the NFL that caps players earning potentials so the owners can line their own pockets? It is completely nonsensical
you do know the NFL players want that salary cap right?
um, link?

Stockholm syndrome sez hello
spherical
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I don't think it's black and white. The top tier talent would prefer no salary cap.

The rest should appreciate some structure. look at mlb. The small market teams can't compete so they start spending on a budget. Next thing- NY starters are all tier 1 and making more money than the totality of the greenbay roster.
AggieDub04
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To businesses as they work with employees, yes. A major point of issue SCOTUS had was that players are not employees so any limitation placed upon them is not met with equal consideration. If the players do not become employees then I don't see SCOTUS allowing any limitation on players transferring.
Bag
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jaxisback said:

Competitive balance.

That's why leagues have anti-trust exemptions and salary caps.

It's viewed as bad for the league(and players) if New York wins the championship 50% of the time because they can spend 4 times what Kansas City can.

I tend to agree and it would ultimately destroy fan interest and decimate demand.



This is a absolute red herring argument easily debunked, MLB is 100% as even balanced if not more than the NFL
Haleyscomet50
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The real lawsuit should be against the nfl 3 year rule. That would change things in a hurry. They would have to draft hold and develop players themselves. Too much money to many lobbyists so it will never happen. If it's unconstitutional for players to not be able to profit off name it shouldn't be legal for players to not go strait pros.
BMX Bandit
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Responding to a couple posters:

Quote:

A major point of issue SCOTUS had was that players are not employees so any limitation placed upon them is not met with equal consideration.


What Supreme Court case? It's not a major point in Alston."Employees" isn't even mentioned in the opinion

Quote:

If the players do not become employees then I don't see SCOTUS allowing any limitation on players transferring.


If Congress gives an antitrust exemption, then what's the basis for SCOTUS not allowing?

Quote:

The real lawsuit should be against the nfl 3 year rule. That would change things in a hurry.


Maurice clarett tried this "real lawsuit" over a decade ago. Nothing has changed.


Quote:

If it's unconstitutional for players to not be able to profit off name it shouldn't be legal for players to not go strait pros


No court has said it's unconstitutional. That's not the issue. It's whether it violates antitrust laws.

Quote:

I don't think it's black and white. The top tier talent would prefer no salary cap.


With a salary cap comes a salary floor. That's why the union is okay with it.
TexAggie1999
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Hellcat64 said:

BMX Bandit said:

The reason that this lawsuit is not going to break it wide open is because Congress is going to pass legislation allowing the NCAA to regulate all of this.

Part of the reason these states are filing these lawsuits is to spur Congress to act.

https://www.cruz.senate.gov/newsroom/press-releases/sen-cruz-releases-discussion-draft-of-bill-to-codify-nil-rights-for-athletes-provide-legal-certainty-for-college-athletics


Don't see it ever getting signed by the President.


He won't be able to read it, but I am sure he will sign it.
BMX Bandit
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the ncaa has settled this case.

Quote:

The NCAA and a coalition of states suing the organization announced a proposed settlement of a lawsuit Thursday that would allow athletes to be immediately eligible to play no matter how many times they transfer and would offer some who were sidelined an extra year of eligibility.
https://www.espn.com/college-sports/story/_/id/40246638/ncaa-states-reach-agreement-multiple-transfer-athlete-lawsuit

summary:

there are no transfer rules anymore.

this is not a tenable situation to be in. congressional legislation is inevitable on this
greg.w.h
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I look forward to Congress getting swatted down by SCOTUS if they inevitably reinstate the plantation mindset…aka shamateurism…the NCAA spent years incompetently failing to weed out cheating.
The Ghost of Johnny
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This is an unpopular opinion, but as a former Texas A&M athlete I am 100% behind a student's right to change schools whenever they want and still be eligible to play college athletics. This idea of "you can't have the inmates running the asylum" (actual words of an AD) is outdated and needs to go away. College athletics should always be about what is best for the players, not the fans.
Panama Red
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greg.w.h said:

I look forward to Congress getting swatted down by SCOTUS if they inevitably reinstate the plantation mindset…aka shamateurism…the NCAA spent years incompetently failing to weed out cheating.


On what basis would SCOTUS swat down an antitrust exemption?
AgDotCom
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The Ghost of Johnny said:

College athletics should always be about what is best for the players, not the fans.
College athletics should be about college. If it isn't, then stop pretending it is and call it something else.
Whaler
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The Ghost of Johnny said:

This idea of "you can't have the inmates running the asylum" (actual words of an AD) is outdated and needs to go away. College athletics should always be about what is best for the players, not the fans.
I'm not aware of any AD that made those comments. You may be thinking of Houston Texan owner Bob McNair that actually stated "We can't have inmates running the prison." He bungled the colloquialism and later said he was referring to the league executives, not players.

I strongly disagree that college athletics should always be about what is best for the players, not the fans. The fans are who pay for everything.

A bigger issue for me is whether pro sports (which is what college athletics has become) should even be part of the university. If a public university makes multi-millions of dollars off pro sports, enough to pay athletes millions of dollars, why are we being taxed to support the public university? Let the university support itself. Idk, the NIL and transfer portal has me looking at college athletics much differently. Maybe part of it is my age, but I used to be a college sports junky. Now I find myself watching a whole lot less of it.
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