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FSU BOR Meeting

45,073 Views | 233 Replies | Last: 1 mo ago by greg.w.h
BMX Bandit
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agchugger said:

The SEC is not dropping teams.. you guys are just making stuff up now. They're not kicking out teams that have been in the conference since it began in 1932. Take your tin foil hats off.
paying attention to the ongoing litigation and tv deals around college football is not "tin foil hat."

Its "reading the tea leaves"
aeon-ag
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TexasAggie_97 said:

Come on down to the SEC. If Florida and Georgia and Alabama don't like it we'll tough ***** If they are afraid of what FSU might do to upset their status quo might wait to see what the **** show that t.u. Is does. They sure as hell didn't care what we thought of adding t.u.
WAAAIIITTT!!!! WAIT A MINUTE. Ask tu first!!!!!!
twk
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AG
Gigem_94 said:

Most of the time a penalty for breaching a contract is unenforceable and breaching party can only be liable for actual damages or reasonable liquidated damages. Sounds like ACC would be trying to enforce a penalty to me. But then again, I admit I haven't looked into this specific situation at all. Just speculation.
This isn't a contract requiring future performance. It was a present sale of intellectual property rights. FSU sold their TV rights to the ACC. They don't get to sell them twice to someone else. That's not a penalty.
BMX Bandit
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Quote:

That's not a penalty.
its a penalty


1.4.5 Withdrawal of Members. To withdraw from the Conference, a Member must file an official notice of withdrawal with each of the Members and the Commissioner on or before August 15 for the withdrawal to be effective June 30 of the following year. Upon official notice of withdrawal, the Member will be subject to a withdrawal payment, as liquidated damages, in an amount equal to three times the total operating budget of the Conference (including any contingency included therein), approved in accordance with Section 2.5.1 of the Bylaws of the Conference (the "Bylaws"), which is in effect as of the date of the official notice of withdrawal. The Conference may offset the amount of such payment against any distributions otherwise due such Member for any Conference year. Any remaining amount due shall be paid by the withdrawing Member within 30 days after the effective date of withdrawal. The withdrawing Member shall have no claim on the assets, accounts, or income of the Conference.
yell_on_6th st
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AG
Gaius Julius Bevo said:

TexasAggie_97 said:

Come on down to the SEC. If Florida and Georgia and Alabama don't like it we'll tough ***** If they are afraid of what FSU might do to upset their status quo might wait to see what the **** show that t.u. Is does. They sure as hell didn't care what we thought of adding t.u.


I suspect Al, GA, and FL acting in concert would be sufficient to tank any initiative in the SEC. Those are the big dogs along with LSU.

And tu
twk
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AG
BMX Bandit said:

Quote:

That's not a penalty.
its a penalty


1.4.5 Withdrawal of Members. To withdraw from the Conference, a Member must file an official notice of withdrawal with each of the Members and the Commissioner on or before August 15 for the withdrawal to be effective June 30 of the following year. Upon official notice of withdrawal, the Member will be subject to a withdrawal payment, as liquidated damages, in an amount equal to three times the total operating budget of the Conference (including any contingency included therein), approved in accordance with Section 2.5.1 of the Bylaws of the Conference (the "Bylaws"), which is in effect as of the date of the official notice of withdrawal. The Conference may offset the amount of such payment against any distributions otherwise due such Member for any Conference year. Any remaining amount due shall be paid by the withdrawing Member within 30 days after the effective date of withdrawal. The withdrawing Member shall have no claim on the assets, accounts, or income of the Conference.
Yes, the ACC constitution has a withdrawal penalty which might be susceptible to attack on that basis.. However, that's different from the grant of rights. 2 different documents. 2 very different issues.
TMartin
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Will Snakey actually make a move against an ORIGINAL SEC team???
BMX Bandit
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the acc is trying to enforce this penalty (in the future). that is what FSU is saying they can't do. that is the penatly the poster was talking about.
agchugger
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BMX Bandit said:

agchugger said:

The SEC is not dropping teams.. you guys are just making stuff up now. They're not kicking out teams that have been in the conference since it began in 1932. Take your tin foil hats off.
paying attention to the ongoing litigation and tv deals around college football is not "tin foil hat."

Its "reading the tea leaves"
Can you explain to me out the ongoing litigation and tv deals is evidence that teams that have been in the conference for coming up on a CENTURY are suddenly going to be removed from the conferece? I understand football is king, but the conferences play other sports (even some others that make money!)) You know this, right?????
twk
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BMX Bandit said:

the acc is trying to enforce this penalty (in the future). that is what FSU is saying they can't do. that is the penatly the poster was talking about.
FSU is attacking both the withdrawal penalty from the ACC Constitution and the Grant of Rights. If you will go back and look at Pete Thamel's tweets, you'll see there are two components to the monetary obstacle they face.
ccolley68
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agchugger said:

BMX Bandit said:

agchugger said:

The SEC is not dropping teams.. you guys are just making stuff up now. They're not kicking out teams that have been in the conference since it began in 1932. Take your tin foil hats off.
paying attention to the ongoing litigation and tv deals around college football is not "tin foil hat."

Its "reading the tea leaves"
Can you explain to me out the ongoing litigation and tv deals is evidence that teams that have been in the conference for coming up on a CENTURY are suddenly going to be removed from the conferece? I understand football is king, but the conferences play other sports (even some others that make money!)) You know this, right?????


I think the idea of football as part of a conference is what will be gone. Vanderbilt will stay in SEC, Northwestern will stay B1G, and so on, for all of their usual sports as they have forever. Football won't be played in a conference as we know it. They may share names, but football will end up completely seperated from everything else. A&M could be in one 'conference' for football but stay SEC for everything else. At least that's the way I see it going.
McInnis80
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ccolley68 said:

agchugger said:

BMX Bandit said:

agchugger said:

The SEC is not dropping teams.. you guys are just making stuff up now. They're not kicking out teams that have been in the conference since it began in 1932. Take your tin foil hats off.
paying attention to the ongoing litigation and tv deals around college football is not "tin foil hat."

Its "reading the tea leaves"
Can you explain to me out the ongoing litigation and tv deals is evidence that teams that have been in the conference for coming up on a CENTURY are suddenly going to be removed from the conferece? I understand football is king, but the conferences play other sports (even some others that make money!)) You know this, right?????


I think the idea of football as part of a conference is what will be gone. Vanderbilt will stay in SEC, Northwestern will stay B1G, and so on, for all of their usual sports as they have forever. Football won't be played in a conference as we know it. They may share names, but football will end up completely seperated from everything else. A&M could be in one 'conference' for football but stay SEC for everything else. At least that's the way I see it going.
I am afraid that CGB will have the FOX conference and the ESPN conference.
BMX Bandit
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the only other sport that really makes money consistently is men's basketball.

as I said above, you are going to see some schools that don't want to be a part of the new player-employee model. see NLRB lawsuit in CA right now. its coming.

I don't know if it will happen, but it would not surprise me at all if a vanderbilt decides that (novel idea) its a university first and teams with Duke, SMU, Cal, etc. for a conference.

the idea "its always been this way" so no school will be leaving just ignores all things that have changed in the last decade that people said would never change.
BMX Bandit
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i know there are two parts. the poster said the penalty was not enforceable. then you said "its not a penalty"

there is a penalty, which you now seem to acknowledge.
agchugger
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BMX Bandit said:

the only other sport that really makes money consistently is men's basketball.

as I said above, you are going to see some schools that don't want to be a part of the new player-employee model. see NLRB lawsuit in CA right now. its coming.

I don't know if it will happen, but it would not surprise me at all if a vanderbilt decides that (novel idea) its a university first and teams with Duke, SMU, Cal, etc. for a conference.

the idea "its always been this way" so no school will be leaving just ignores all things that have changed in the last decade that people said would never change.
Uhh.. Vandy has $50M reasons a year NOT to do that. There is zero chance they decide 'we don't want $50M+ a year due to academics'. I'm pretty sure they've accepted that they won't ever compete in football (but they still perform pretty well in men's basketball and baseball. Teams aren't turning down $50M a year. Money still eases the burden on a lot and helps generate revenue in other areas. You first argued the SEC would be kicking teams out and now your'e saying they're going to leave willingly. Neither will happen. Too much money and tradition for it to happen. Yes things are changing but not at the scale you surmise.

When is the last time a conference kicked a team out? You've got to go down to Div 3 to find a story like that. It ain't happening and all revenues are tied to conferences so new conferences aren't being formed.
BMX Bandit
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Quote:

You first argued the SEC would be kicking teams out
no I didn't.

I said it would be a voluntary separation. you have to stop thinking about it in terms of "kicked out of the SEC"

its going to be a whole new football division, apart from the NCAA.

agchugger
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AG
Nothing will be happening for at least a decade since the new media deal is just going into effect this year for 10 years. Especially voluntarily. Just because a lot has changed doesn't mean everything will change.
agnerd
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Ag Tag said:

New schools don't join a conference and then proceed to kick out schools that were charter members. Unthinkable.
But they can join a conference and then invite the current members to join them in forming a new conference with a bigger payout. Not like t.u. doesn't have a history of that sort of thing...
Leonard H. Stringfield
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ccolley68 said:

agchugger said:

BMX Bandit said:

agchugger said:

The SEC is not dropping teams.. you guys are just making stuff up now. They're not kicking out teams that have been in the conference since it began in 1932. Take your tin foil hats off.
paying attention to the ongoing litigation and tv deals around college football is not "tin foil hat."

Its "reading the tea leaves"
Can you explain to me out the ongoing litigation and tv deals is evidence that teams that have been in the conference for coming up on a CENTURY are suddenly going to be removed from the conferece? I understand football is king, but the conferences play other sports (even some others that make money!)) You know this, right?????


I think the idea of football as part of a conference is what will be gone. Vanderbilt will stay in SEC, Northwestern will stay B1G, and so on, for all of their usual sports as they have forever. Football won't be played in a conference as we know it. They may share names, but football will end up completely seperated from everything else. A&M could be in one 'conference' for football but stay SEC for everything else. At least that's the way I see it going.
It would probably be best for academic institutions to separate from the semi-pro athletic programs. Eliminate all athletic scholarships would be the first step. The monster created over the last 100 years must die.
BMX Bandit
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Speaking of court cases


twk
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Haven't seen the opinion, but the NLRB would be ignoring their prior decision not to take jurisdiction of a case brought by Northwestern football players. The reasoning in the prior case was that, since the NLRB would be barred by statue from certifying a union for state schools, it didn't make sense to do so for private schools in the same league as state schools.
Leonard H. Stringfield
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NFL farm system. "Introducing the Brazos Valley Totesacks your AA Houston Texans Jr league football team"....crowd goes nutts...Kyle rocks. Folks get paid, college education is optional. This is what needs to happen. It will eventually IMO.
el_guapo
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ccolley68 said:

agchugger said:

BMX Bandit said:

agchugger said:

The SEC is not dropping teams.. you guys are just making stuff up now. They're not kicking out teams that have been in the conference since it began in 1932. Take your tin foil hats off.
paying attention to the ongoing litigation and tv deals around college football is not "tin foil hat."

Its "reading the tea leaves"
Can you explain to me out the ongoing litigation and tv deals is evidence that teams that have been in the conference for coming up on a CENTURY are suddenly going to be removed from the conferece? I understand football is king, but the conferences play other sports (even some others that make money!)) You know this, right?????


I think the idea of football as part of a conference is what will be gone. Vanderbilt will stay in SEC, Northwestern will stay B1G, and so on, for all of their usual sports as they have forever. Football won't be played in a conference as we know it. They may share names, but football will end up completely seperated from everything else. A&M could be in one 'conference' for football but stay SEC for everything else. At least that's the way I see it going.

Small schools that don't pull their weight in the revenue will eventually get snubbed out in some way. This is inevitable. So far the poaching has been between conferences - bigger conferences with more $ to distribute poaching bigger schools from smaller conferences. Eventually this will find its end and then the conference headquarters' crosshairs will be turned to the smaller schools in their own conference. The larger schools will put pressure on them to do so. That way larger schools will have more $ to compete with the larger schools in the other conferences. I could see the smaller schools getting smaller distributions from their conference that match the revenue they bring.
45-70Ag
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vander54
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S
World's worst proofreader
BMX Bandit
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That's weird. I was told in the zoo that is was impossible for fsu to leave because of the greatest and most unbreakable contract known to man
twk
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AG
The tweet cites a Tampa Bay Times article:

Could Florida State buy the TV rights for FSU football from the ACC?

Quote:

That's an idea raised in the ACC's motion to dismiss FSU's lawsuit in Leon County.


Buried in 40-plus pages of legalese the ACC made in a court filing Friday was a potential solution to the conference's weeks-long legal back-and-forth with Florida State:

The Seminoles could buy back their TV rights from the conference
.
The ACC contends that it owns those rights through 2036. That's because FSU signed a document called a grant of rights in 2016. FSU granted the rights to broadcast its home games to the ACC through 2036. The ACC sold them to ESPN and distributes the money back to FSU and its peers.

Whether that deal is enforceable could ultimately be decided by a judge in Leon County or Mecklenburg County, N.C. If it's ironclad as the ACC argues FSU estimates that it risks losing up to $429 million in TV revenue. If FSU is correct, then the Seminoles could exit for free.

The ACC's latest motion presents a third option.


"If Florida State wishes to regain control of the rights before the end of the term, it could attempt to repurchase them," the filing said. "But having to buy back a right which was assigned is not a penalty; it is simply a commercial possibility."
So, in a 40 page motion to dismiss, the ACC raises the possibility that FSU could attempt to buy back its rights from the ACC. The ACC has not agreed to negotiate such a deal with FSU. Doesn't sound to me as anything is imminent, nor that the ACC is really interested in working out a deal. Rather, they are merely pointing out to the court that a judgment voiding the grant of rights is not the only way out.

I'm shocked, shocked, to find that a tweet is misstating an argument from a legal brief. That never happens.
vander54
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S
Exactly!

Nowhere does it say the ACC is letting FSU leave just that they would be willing to entertain FSU.
World's worst proofreader
vander54
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BMX Bandit said:

That's weird. I was told in the zoo that is was impossible for fsu to leave because of the greatest and most unbreakable contract known to man


You should probably read what's actually happening not that tweet that's misleading
World's worst proofreader
Sq 17
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ACC has good lawyers and wants to argue the case that they OWN FSU's rights

if FSU would like to buy them back FSU should put an offer on the table and start the negotiations
BMX Bandit
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vander54 said:

BMX Bandit said:

That's weird. I was told in the zoo that is was impossible for fsu to leave because of the greatest and most unbreakable contract known to man


You should probably read what's actually happening not that tweet that's misleading


Ironic given you are one of the key people misrepresenting what's going on in this case and what fsu can & can't do .
vander54
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BMX Bandit said:

vander54 said:

BMX Bandit said:

That's weird. I was told in the zoo that is was impossible for fsu to leave because of the greatest and most unbreakable contract known to man


You should probably read what's actually happening not that tweet that's misleading


Ironic given you are one of the key people misrepresenting what's going on in this case and what fsu can & can't do .


I haven't posted anything about what's going on. I've said FSU can try but I don't see them successfully getting out without a big payment
World's worst proofreader
BMX Bandit
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My apologies. I confused you with another poster.



ESPN has entered the lawsuit to protect disclosure of ACC documents. One step closer to P2 with fsu in B16
Showstopper
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AG
I don't see how ESPN making a request to the court to preserve the confidentiality of their documents as a third party makes any move by FSU more (or less) likely. You may need to take a break from this since you are getting to the point where your confirmation bias has you thinking everything is a confirmation of your desired result.

"Oh my gosh! The sun came up this morning! This definitely means FSU is leaving the ACC!"
BMX Bandit
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your head in the sand is why you can't see that the sun came up and there is no doubt FSU is definitely leaving the ACC. the only questions are when and how much it costs.
 
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