I'm not sure NIL is the real villain here

[GrayWaterCanine]

Is it possible to keep everything the same and just cap a player's NIL to 250k per year (or less). I think this would discourage good (game changing type) players/starters going into the transfer portal to the highest bidder if they are already maxed out. You'd see some loyalty come back as great players will be looking at the best fit/program rather than who can write the biggest check. I think this still allows for (and maybe increases) parity in college football which is a great thing. I will say this has been one of the best/most entertaining college football seasons of my lifetime but we (obviously) do need to reign this in in some way.

No

 

[SayUWantAreVOLution]

Anti-Trust laws were not created for this situation. There were created to protect and promote competition within an industry between two or more businesses and guard against monopolies.

It's all fancy legal stuff but Justice Gorsuch explained why the NCAA is in violation of Antitrust Laws in Alston v NCAA. There's a legal test, I think with 3 parts, that's used for courts to apply Antitrust Laws and he goes through it.

I'm not an attorney. Justice Gorsuch dang sure is and the verdict was 9-0. I'm assuming all those Justices know Antitrust Law violations when they see them and none of them disagreed.

After that, you could see the NCAA was screwed and not going to have any more power. I just didn't think the schools would turn on them so quickly, but they did and they are.

 

[Dirtyhairies]

Why is it that we keep getting people posting threads about limiting NIL and abolishing the transfer portal when there has been info published in a hundred threads that explain why neither can be done under the current rulings from the Supreme Court? It’s just baffling why folks can’t seem to read and comprehend words. It’s going to take some other mechanism that will pass legal muster. What that is I have no clue.

Because this forum is not well informed or smart

 

[VOLINVONORE]

I think it's the transfer portal. Hear me out:

Contracts have been "negotiated" and "renegotiated" for college players of major programs forever now. I mean Saban, and then Kirby, literally built an empire on it, it was just under the table and the once-governing body (no longer) turned a blind eye as long as the teams were winning and generating revenue.

The reason it wasn't so out of control is because there was a major consequence to leaving: you had to sit a year. This made the ship jumping process much riskier because you could leave, sit, then lose your place in line. You were almost better off just holding your spot on your current roster and working your way up.

Obviously the transfer portal + NIL is the ultimate equation to this disaster, but I believe if the transfer portal was abolished and we went back to sitting a year when you transfer, this would all cool back down to at least reasonable levels.

It is the combination of the two. However, the postal open date in December makes no sense. What idiot came up with a date before the season has ended?

 

[Volhoops]

If I’m not mistaken, the courts have already ruled players can transfer without penalty. It’s not up the schools/NCAA

And this will be part of the down fall of college sports and we are seeing it now. The schools need to make athletic scholarships a 2 year commitment for fresh-sophmore players. Put a buyout in the scholarships like a coaches buyout. If a player wants to leave after one year the buying team must pay a buyout to the school which goes into the schools NIL.

 

[SayUWantAreVOLution]

And this will be part of the down fall of college sports and we are seeing it now. The schools need to make athletic scholarships a 2 year commitment for fresh-sophmore players. Put a buyout in the scholarships like a coaches buyout. If a player wants to leave after one year the buying team must pay a buyout to the school which goes into the schools NIL.

You don't seem to understand that the Federal Court ruled you can't keep players from transferring without penalty, which would include putting a "two year commitment on scholarships" and/or "NIL buyouts."

It's actually been ruled a Federal Antitrust Law violation and the State of TN happily joined in the cases that sued the NCAA.

 

[Volhoops]

You don't seem to understand that the Federal Court ruled you can't keep players from transferring without penalty, which would include putting a "two year commitment on scholarships" and/or "NIL buyouts."

It's actually been ruled a Federal Antitrust Law violation and the State of TN happily joined in the cases that sued the NCAA.

I know what the court has said. If the court has crippled the NCAA which it has thanks in part to TN, then the NCAA has no say in anything. So why do they still exist ? Throwing more money into the NIL solves absolutely nothing and is the worst thing to do for college sports.

 

[SayUWantAreVOLution]

I know what the court has said. If the court has crippled the NCAA which it has thanks in part to TN, then the NCAA has no say in anything. So why do they still exist ? Throwing more money into the NIL solves absolutely nothing and is the worst thing to do for college sports.

The NCAA is in violation of Antitrust Law BUT it exists as an umbrella for holding college athletics together.

The "student athlete" model isn't legal. The Supreme Court basically said this in Alston v NCAA. If the NCAA falls completely, there will not be a "student athlete" style organization to replace it. It will be a pro model business, not amateur.

Nobody wants that. So the NCAA is completely toothless unless Congress works out some kind of Antitrust Exemption and Act that specifically lets the "student athlete" model exist.

So, what's happened is the NCAA tries to act and schools sue it, so it's stopped trying apparently and is happy to collect the billion dollars from March Madness and be a shell.

 

[LegionnaireOfTheMiserable]

Anti-Trust laws were not created for this situation. There were created to protect and promote competition within an industry between two or more businesses and guard against monopolies.

Tons of laws on the books that weren’t intended to be applied how they are today.

 

[S.C. OrangeMan]

Is it possible to keep everything the same and just cap a player's NIL to 250k per year (or less). I think this would discourage good (game changing type) players/starters going into the transfer portal to the highest bidder if they are already maxed out. You'd see some loyalty come back as great players will be looking at the best fit/program rather than who can write the biggest check. I think this still allows for (and maybe increases) parity in college football which is a great thing. I will say this has been one of the best/most entertaining college football seasons of my lifetime but we (obviously) do need to reign this in in some way.

NIL cannot be capped.

 

[S.C. OrangeMan]

Tons of laws on the books that weren’t intended to be applied how they are today.

The ones that support NIL and transfers are doing EXACTLY what they were intended to do.

 

[LegionnaireOfTheMiserable]

The ones that support NIL and transfers are doing EXACTLY what they were intended to do.

The antitrust laws that relate to transfers weren’t intended to be related to college athletes. I know that there have been laws introduced the past few years that directly dealt with NIL and such, but those aren’t the ones I’m referring to, and my original point was not just in relation to college sports, but the law in general.

 

[twoffo]

Just form a pro league with the top however many teams. Maybe structure it so that teams get promoted or demoted like with that other football.

License the brands from the universities but otherwise sever the ties. It will be easier to figure out how to make it work in a pro league context than trying to fix this mess inside the NCAA.

“College” football as we knew it is past. All this is just its last dying gasps.

 

[jcvols24]

The NCAA cannot limit players transferring, but just like they limit scholarships, the could limit the amount of transfers a school takes in within a year's time. Limit each school to 5 transfers per year and be done with it. Extenuating circumstances can be petitioned and granted on an as needed basis.

 

[landscapingvol]

I think it's the transfer portal. Hear me out:

Contracts have been "negotiated" and "renegotiated" for college players of major programs forever now. I mean Saban, and then Kirby, literally built an empire on it, it was just under the table and the once-governing body (no longer) turned a blind eye as long as the teams were winning and generating revenue.

The reason it wasn't so out of control is because there was a major consequence to leaving: you had to sit a year. This made the ship jumping process much riskier because you could leave, sit, then lose your place in line. You were almost better off just holding your spot on your current roster and working your way up.

Obviously the transfer portal + NIL is the ultimate equation to this disaster, but I believe if the transfer portal was abolished and we went back to sitting a year when you transfer, this would all cool back down to at least reasonable levels.

The portal is the perceived problem but it’s popularity and pull is driven by the expectation of more money so yes it is the problem

 

[SayUWantAreVOLution]

The NCAA cannot limit players transferring, but just like they limit scholarships, the could limit the amount of transfers a school takes in within a year's time. Limit each school to 5 transfers per year and be done with it. Extenuating circumstances can be petitioned and granted on an as needed basis.

You are, by creating a "cap" on a player transferring in, limiting their choice of school and athletics participation.

You will be sued by the school that WANTS that extra player and they will win.

 

[newyorkvol]

I’m still waiting for the fingers to point to the two biggest culprits…..the NFL and the NBA. They are the ones who mandate time between high school and professional leagues. MLB and NHL don’t. So it’s much less a problem.

All the NIL and transfer problems stem from the NFL keeping a high school senior from declaring for the draft. They keep roster limits low and don’t have a developmental league so they can claim “player safety” for physical maturity issues.

It seems like that is a much bigger “antitrust” violation than the NCAA.

 

[S.C. OrangeMan]

The antitrust laws that relate to transfers weren’t intended to be related to college athletes. I know that there have been laws introduced the past few years that directly dealt with NIL and such, but those aren’t the ones I’m referring to, and my original point was not just in relation to college sports, but the law in general.

The laws that relate to transfers have been on the books for more than a century.
The 1887 Interstate Commerce Act and Tre 1890 Sherman Antitrust Act, to make two.

Those are "the law in general". The court cases the NCAA has lost and continues to lose are subsets of that law in general.

 

[S.C. OrangeMan]

I’m still waiting for the fingers to point to the two biggest culprits…..the NFL and the NBA. They are the ones who mandate time between high school and professional leagues. MLB and NHL don’t. So it’s much less a problem.

All the NIL and transfer problems stem from the NFL keeping a high school senior from declaring for the draft. They keep roster limits low and don’t have a developmental league so they can claim “player safety” for physical maturity issues.

It seems like that is a much bigger “antitrust” violation than the NCAA.

The NFL has a Congressional antitrust exemption. The NCAA does not.

 

[newyorkvol]

The NFL has a Congressional antitrust exemption. The NCAA does not.

I understand that, wasn’t articulated well. But it’s that exemption that is driving the current college level dynamic.

 

[SayUWantAreVOLution]

I’m still waiting for the fingers to point to the two biggest culprits…..the NFL and the NBA. They are the ones who mandate time between high school and professional leagues. MLB and NHL don’t. So it’s much less a problem.

All the NIL and transfer problems stem from the NFL keeping a high school senior from declaring for the draft. They keep roster limits low and don’t have a developmental league so they can claim “player safety” for physical maturity issues.

It seems like that is a much bigger “antitrust” violation than the NCAA.

The NFL heavily controls their product with the limits so that you don't end up having to watch games like UT vs Kent State. They are reasonably upfront about it. They prefer NOT to have "cupcake" games like college because better football sells better.

If college had any sense, they'd cut the nonsense and separate the wheat from the chaff and divide out the 20 or so profitable, successful schools into an "NFL Lite" pro division where the good football is played.

Then leave the rest of the schools to ACTUALLY be college ball with some of the old values in the school, education, etc.

If fans REALLY want college football to survive, schools like most of the SEC and B1G and a few others need to go pro before they ruin it for real college athletes.

 

[LegionnaireOfTheMiserable]

The laws that relate to transfers have been on the books for more than a century.
The 1887 Interstate Commerce Act and Tre 1890 Sherman Antitrust Act, to make two.

Those are "the law in general". The court cases the NCAA has lost and continues to lose are subsets of that law in general.

Those laws were quite obviously not intended to deal with college athletes making money or transferring as many times as they want without sitting out. Legal interpretations can apply them to the situation, but that was obviously not on the minds of those who wrote and passed the law, which was all I was saying.