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Name, Image, & Likeness (NIL) at tOSU

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I think the NCAA (or it's power 5 football replacement) could put a small amount of the toothpaste back in the tube. The key will be making sure they concentrate on the behavior of their member institutions (and not the players or collectives).

What could they do

1) Regulate the behavior and actions of university employees. Coordination in recruiting with collectives could be barred.

2) Demand universities distance themselves from organizations and individuals that directly recruit players to a school. The NCAA can't stop Norberto Menendez (CEO of Lifewallet that is funding Miami's NIL efforts) from involvement in the recruiting process, but what fun is it going to be for him if he is not to be able to watch UM's teams from his luxury boxes because the university had to ban him?

Penalties will directed at university employees for coordination and scholarship reductions for institutions that don't provide institutional control.

Will folks still look for ways to circumvent these rules. Yes, but it would make it risky to openly "buy" a player and would push that type of behavior back underground (where the NCAA prefers it)
 
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“When we realized that we would not have enforcement, we saw the booster part (coming). I didn't see like collectives emerging where people would pool money together. No one saw that,” Smith told Eleven Warriors on Tuesday. “But we anticipated that if we didn't have enforcement that there would be problems. And when we voted it in and we saw that there wouldn't be any enforcement, we knew that there would be problems. So I'm not surprised that we're here in the inducement issues, but no one saw the collectives emerging. That’s totally new.”

Even so, Smith believes the NCAA could have kept boosters from blatantly using NIL as a recruiting inducement if it had put restrictions in place from the beginning.

“There's no question in my mind,” Smith said. “If we had passed the guardrails that we had recommended originally, and we allowed enforcement to enforce those guardrails, we wouldn't be where we are today. It's not to say that we can’t correct what has happened, and hopefully we can. But in my view, we should have put those guardrails in place last year, we should have moved for enforcement to enforce those guardrails.”

“WE FELT THAT THIS WAS A CALCULATED RISK AND IT WAS THE RIGHT ONE TO TAKE FOR THE HEALTH OF WHAT WE DO.”– GENE SMITH ON THE NCAA’S NEW NIL GUIDELINES
 
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ScriptOhio said:


“When we realized that we would not have enforcement, we saw the booster part (coming). I didn't see like collectives emerging where people would pool money together. No one saw that,” Smith told Eleven Warriors on Tuesday. “But we anticipated that if we didn't have enforcement that there would be problems. And when we voted it in and we saw that there wouldn't be any enforcement, we knew that there would be problems. So I'm not surprised that we're here in the inducement issues, but no one saw the collectives emerging. That’s totally new.”

Even so, Smith believes the NCAA could have kept boosters from blatantly using NIL as a recruiting inducement if it had put restrictions in place from the beginning.

“There's no question in my mind,” Smith said. “If we had passed the guardrails that we had recommended originally, and we allowed enforcement to enforce those guardrails, we wouldn't be where we are today. It's not to say that we can’t correct what has happened, and hopefully we can. But in my view, we should have put those guardrails in place last year, we should have moved for enforcement to enforce those guardrails.”

“WE FELT THAT THIS WAS A CALCULATED RISK AND IT WAS THE RIGHT ONE TO TAKE FOR THE HEALTH OF WHAT WE DO.”– GENE SMITH ON THE NCAA’S NEW NIL GUIDELINES
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Just our luck that Gene is leading the charge on making it harder for kids to make legal money.

Unreal….lolol.
 
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Bill Lucas said:
You’re ok with it being the Wild West with basically no rules? Come on man.
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Yeah, I’m fine with kids getting paid…especially since it’s legal.

But that’s kinda beside the point. It sucks for tOSU Gene is the face of this. Whether you agree with him or not, it sucks Gene is making himself the face of it…..bc obviously teams will negative recruit the fuck outta tOSU saying our AD is stifling their opportunity to make money.

And they wouldn’t be wrong…
 
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pnuts34 said:
Wild West or a Free Market?
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Eh it probably needs to end up more like normal sports leagues then free market. Yes you can get paid but no one wants situations where the best teams can just buy players off of other teams and induce them to transfer like what is going on now and the smaller teams are probably going to want some salary cap situation so a the best players just can't be bought by the top 10 or so teams.
 
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dragurd said:
Eh it probably needs to end up more like normal sports leagues then free market. Yes you can get paid but no one wants situations where the best teams can just buy players off of other teams and induce them to transfer like what is going on now and the smaller teams are probably going to want some salary cap situation so a the best players just can't be bought by the top 10 or so teams.
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Exactly. Everyone wants to say it should be a free market but every professional sports league has rules and regulations regarding free agency and pay.
 
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billmac91 said:
Yeah, I’m fine with kids getting paid…especially since it’s legal.

But that’s kinda beside the point. It sucks for tOSU Gene is the face of this. Whether you agree with him or not, it sucks Gene is making himself the face of it…..bc obviously teams will negative recruit the fuck outta tOSU saying our AD is stifling their opportunity to make money.

And they wouldn’t be wrong…
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Yes they would. Asking for universal guidelines and rules does not mean he’s trying to stifle how much money the athletes can make.
 
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DaBuckeyes said:
Exactly. Everyone wants to say it should be a free market but every professional sports league has rules and regulations regarding free agency and pay.
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The difference is that in professional sports there are unions negotiating the rules and regulations regarding free agency and pay with the league. This results in a binding contract between the union (players) and league (team owners). This doesn't exist in college sports.
 
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dragurd said:
Eh it probably needs to end up more like normal sports leagues then free market. Yes you can get paid but no one wants situations where the best teams can just buy players off of other teams and induce them to transfer like what is going on now and the smaller teams are probably going to want some salary cap situation so a the best players just can't be bought by the top 10 or so teams.
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Youre right, because before NIL, the best teams didn't get the best players, and the same teams haven't gone to the CFP and won it yearly :roll1:
Without NIL, I'm sure Arizona St, Northwestern, Wake Forest, Kentucky, etc would get to the CFP...
 
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Putting rules in place to limit when a person can be paid for their NIL is, by definition, interfering with a person making money off their NIL. The SCOTUS has already supported a lower courts ruling that says you can't do that.

Schools can try this, "yeah well, go ahead and sue us" path but what is it going to accomplish? If you are one of those schools, you have a significant negative recruiting narrative to overcome and eventually you will lose the legal battle anyway. Why not spend this amount of time, energy and resources figuring out how to compete in (and shape) the new environment?

ScriptOhio said:
The difference is that in professional sports there are unions negotiating the rules and regulations regarding free agency and pay with the league. This results in a binding contract between the union (players) and league (team owners). This doesn't exist in college sports.
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Which is exactly what makes this more and more of anti-trust issue the more we learn about it (I think). A group of coal mine owners can't get together and collude to suppress wages of workers and that is no different than a group of University "owners" getting together to do the same. The real weird part is that until they are employees, you can't say it's 100% anti trust (although SCOTUS ruling says lower court was right using anti trust laws for NIL landmark) and you can't have the athletes form a union to collectively bargain with until they are employees (I don't think). So where does that leave us?

A board lawyer, or a bored lawyer on the board, could tell us a lot better but that's what I understand the real conundrum to be once we get past some of the hyperbole.

All I am confident of is that these kids are now professional athletes coming out of HS and trying to use rules of amateurism to govern them is doomed to fail eventually.
 
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I don’t see the issue with how it’s currently constructed.

Personally, I believe if schools shut up and operated in the current environment, they’d be far better off. Trying to govern the rules is going to end up blowing up in their faces when players are then deemed to be “employees” and entitled to pay from the university, and thereby taking college football in an even further direction they don’t want to go.

I have no idea why a school like tOSU would pick this battle. Even if Gene really wants to fight this, it’s a time to be quiet and play politics behind the scenes.
 
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