Could a body (maybe Congress) prohibit tying NIL funds to a specific school? It could solve this problem of bidding-driven transiencies

#1

SockeyeVol

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#1
Could a body (maybe Congress) make it illegal to tie NIL funds to a specific school?

That would solve the transfer and turnover issue right there. The best athletes make NIL money based on other factors (just like endorsements in the pros) and there are no bidding wars among schools.

Meanwhile, schools themselves can still compensate everyone on the roster using the new cap system. For any athlete not marketable enough to make money off straight endorsements and jersey sales...



 
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#2
#2
Could a body (maybe Congress) make it illegal to tie NIL funds to a specific school?

That would solve the transfer and turnover issue right there. The best athletes make NIL money based on other factors (just like endorsements in the pros) and there are no bidding wars among schools.

Meanwhile, schools themselves can still compensate everyone on the roster using the new cap system.




No. The people who have wanted to bring down the system will sue that into oblivion too. They'll sue everything. They don't care about what survives, or what comes next. They just want to punish the schools and make sure the schools can't tell anyone what to do.

Anything that even breathes on the idea of telling the players they can't do something will get sued, and in the current court environment, will lose.

Now that said, aa working Congress might be able to carve out something that would give the colleges special status, but that would require a working Congress. Bad news there, too.
 
#3
#3
No. The people who have wanted to bring down the system will sue that into oblivion too. They'll sue everything. They don't care about what survives, or what comes next. They just want to punish the schools and make sure the schools can't tell anyone what to do.

Anything that even breathes on the idea of telling the players they can't do something will get sued, and in the current court environment, will lose.
That's not it at all.

The system was blatantly illegal. Anything that violates federal law is fair game for lawsuits. The law is about fairness, and the old NCAA rules were unrelated to any skuver if faurness.
 
#4
#4
No. The people who have wanted to bring down the system will sue that into oblivion too. They'll sue everything. They don't care about what survives, or what comes next. They just want to punish the schools and make sure the schools can't tell anyone what to do.

Anything that even breathes on the idea of telling the players they can't do something will get sued, and in the current court environment, will lose.

Now that said, aa working Congress might be able to carve out something that would give the colleges special status, but that would require a working Congress. Bad news there, too.
This feels like kind of hyperbolic, hands in the air, response.

How can we prohibit a group from tying endorsements to attending a school that, say, receives federal funds? Or could the group be regulated such that they must register, then hold to things like Title IX requirements?

Because it seems to me that the root problem is not the athletes being able to make money off their names, but instead in "groups" being able to collect huge donations to expressly coax the player to their school. With a concomitant vicious cycle.
 
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#5
#5
This feels like kind of hyperbolic, hands in the air, response.

How can we prohibit a group from tying endorsements to attending a school that, say, receives federal funds? Or could the group be regulated such that they must register, then hold to things like Title IX requirements?

Because it seems to me that the root problem is not the athletes being able to make money off their names, but instead in "groups" being able to collect huge donations to expressly coax the player to their school. With a concomitant vicious cycle.

Everything about the current NIL situation is a hyperbolic hands in the air response. As far back as the people accusing the schools of being some sort of evil hivemind oppressing student athletes. Further, even. But. It's where we are.

As for the latter, interesting, but if the belief is that you cannot regulate what people can do, then how can you regulate groups collecting the money to pay them to do those things?

Of course, inversely, if we hold that some sort of group can regulate those groups, then why couldn't those same groups regulate what the players can do as well?

Which I think is how we get to a core issue of the problem. Who has the right to regulate what? You need regulation to create a stable environment, but right now there's no regulation. The schools used to use eligibility to exert control, Supreme Court told the NCAA it can't regulate diddly squat there. A sneering Kavanaugh more or less told the schools they'd better pray they never darken the Supreme Court's door again.

I suppose the external parties could collobrate, which would then put them under the crosshairs. That'd be kind of funny. Doubly so, considering that one of the biggest reasons we got here was the fact certain schools, or the donors supporting said schools, didn't want to follow the rules to begin with.

But if the schools can't declare anyone ineligibile then, well. Here we are. No rules. Only money. And soon, players playing for ten years in college sports. That one's going to be particuarly galling, but, what can anyone do? I don't pretend to know. I rather suspect the whole thing will fall apart eventually. Not today, not tomorrow, but they can only maintain the facade of intercollegiate competition for so long. Won't lie though. I am looking forward to that doughy 32 year old former NFL lineman, paunch hanging heavy over his waist as he squirms in an ill-fitting college sized jersey, saying "go [insert team name]!" with that "I've been in this job too long" sort of energy people develop as they age. It may not happen. But if it does. Comedy. Pure comedy.
 
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#6
#6
Could a body (maybe Congress) make it illegal to tie NIL funds to a specific school?
I was under the impression we were already there. By forcing schools NOT to engage in NIL contracts, you clear the way for students to portal around at will. That's the system we started with.
 
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#7
#7
The best athletes make NIL money based on other factors (just like endorsements in the pros) and there are no bidding wars among schools
This was the intention of NIL in the first place. It wasn’t supposed to be linked to a school. Athletes were supposed to be allowed to make money off of endorsements using their name, image or likeness. It has turned into a way for schools to indirectly pay players. I think that one of the problems is that the schools can’t have contracts with the players to make them legally obligated to stay at that school for a specific period of time in order to earn the agreed upon amount of money.
 
#8
#8
Could a body (maybe Congress) make it illegal to tie NIL funds to a specific school?

That would solve the transfer and turnover issue right there. The best athletes make NIL money based on other factors (just like endorsements in the pros) and there are no bidding wars among schools.

Meanwhile, schools themselves can still compensate everyone on the roster using the new cap system. For any athlete not marketable enough to make money off straight endorsements and jersey sales...



My understanding was that there was supposed to be no coordination between the collective and the school. However if the player has to make several appearances at specific car dealerships and such in Knoxville, that more or less ties him to Tennessee.
 
#9
#9
Congress can shut this whole legal shiteshow down by giving an antitrust exemption to college sports. Politically, I do not think one will pass that does not require as a condition of the exemption, significant revenue sharing with college athletes, that said though, if such a conditional antitrust exemption were granted, the schools could make enforceable rules again.
 
#10
#10
My understanding was that there was supposed to be no coordination between the collective and the school. However if the player has to make several appearances at specific car dealerships and such in Knoxville, that more or less ties him to Tennessee
Initially that was the case but collective can now coordinate with schools.
 
#11
#11
This was the intention of NIL in the first place. It wasn’t supposed to be linked to a school. Athletes were supposed to be allowed to make money off of endorsements using their name, image or likeness. It has turned into a way for schools to indirectly pay players. I think that one of the problems is that the schools can’t have contracts with the players to make them legally obligated to stay at that school for a specific period of time in order to earn the agreed upon amount of money.
Right. I thought this was the intent too.

But now we have schools able to pay athletes starting in 2025 AND also have NIL. That's an improvement. 👍

Problem is, we now also have these 3rd party groups creating bidding wars by raising donations to recruit players to their schools. To me, that's where the worst problem now is.
 
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#13
#13
Congress can shut this whole legal shiteshow down by giving an antitrust exemption to college sports. Politically, I do not think one will pass that does not require as a condition of the exemption, significant revenue sharing with college athletes, that said though, if such a conditional antitrust exemption were granted, the schools could make enforceable rules again.
Congress can't do anything about NIL without wrecking the Sherman Antitrust Act and Tre Interstate Commerce Act. If they did that, it would ruin American business. It would cause an economic meltdown that would make the Great Depression look like a Sunday picnic at one ilof the 441 roadside river recreation areas.
 
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#14
#14
Congress can't do anything about NIL without wrecking the Sherman Antitrust Act and Tre Interstate Commerce Act. If they did that, it would ruin American business. It would cause an economic meltdown that would make the Great Depression look like a Sunday picnic at one ilof the 441 roadside river recreation areas.
You and I have been round and round about this on multiple occasions, and I am not going to do it again other than to say you are incorrect.
 
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#16
#16
Could a body (maybe Congress) make it illegal to tie NIL funds to a specific school?

That would solve the transfer and turnover issue right there. The best athletes make NIL money based on other factors (just like endorsements in the pros) and there are no bidding wars among schools.

Meanwhile, schools themselves can still compensate everyone on the roster using the new cap system. For any athlete not marketable enough to make money off straight endorsements and jersey sales...



They aren't technically tied to schools now. There is a lot of grey area with what NIL collectives are allowed to do. The NCAA could attempt to eliminate those grey areas, but they would (and currently are) run into a whole heap of legal cases in doing so.
 
#17
#17
Wrong again. NIL is perfectly legal. Congress can't interfere with it, for the reasons stated above.
Antitrust is Congress's law. Congress is free to change it. For awhile I thought you were a serious person, and I responded to you seriously. That is the only thing I was wrong about, was taking you seriously. You have no idea what you are talking about.
 
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#18
#18
Antitrust is Congress's law. Congress is free to change it. For awhile I thought you were a serious person, and I responded to you seriously. That is the only thing I was wrong about, was taking you seriously. You have no idea what you are talking about.
Agreed. Beware of message board people that speak in absolutes. Issues are almost never that simple. ..
 
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#19
#19
Congress can't do anything about NIL without wrecking the Sherman Antitrust Act and Tre Interstate Commerce Act. If they did that, it would ruin American business. It would cause an economic meltdown that would make the Great Depression look like a Sunday picnic at one ilof the 441 roadside river recreation areas.
Sounds a bit hyperbolic. Gonna have to move you into the "grain of salt" poster category here. No offense. 👍
 
#21
#21
Sounds a bit hyperbolic. Gonna have to move you into the "grain of salt" poster category here. No offense. 👍

Sounds a bit hyperbolic. Gonna have to move you into the "grain of salt" poster category here. No offense. 👍
NIL is subordinate to those federal laws, not true other way around. You can't dismantle that for NIL without affecting the rest of it.

An antitrust exemption won't affect NIL because the schools and the NCAA don't pay NIL.
 
#23
#23
Eventually, a governing body will have to make some rules that everyone has to abide by. There’s too much shoot from the hip bull crap and it’s pissing off everyone.
It is absolutely not pissing off everyone.
That's a false generalization.

The free market is deciding, as it should.
Don't be a control freak.
 
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#24
#24
Goodess..................thats what we need, our Congress to GET involved.................that will work....:eek::eek::eek:🤣🤣🤣

Ive got an idea......................TAX the crap out of the NIL
 
#25
#25
Goodess..................thats what we need, our Congress to GET involved.................that will work....:eek::eek::eek:🤣🤣🤣

Ive got an idea......................TAX the crap out of the NIL
Oh trust me. The IRS is going to get a huge chunk of the NIL $$$. Some states will as well for those that have a state tax.
 

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