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Topic: Transfer Portal

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utee94

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Re: Transfer Portal
« Reply #84 on: December 09, 2022, 10:05:03 AM »
Im hoping in the future NIL will help against opting out for bowl games

if a player stands to lose a lot of money to opt out that might change his mind


I'm not sure the NIL sponsors care enough, to write that into the NIL contract.  And in some states I'm pretty sure it would be illegal to use that kind of contract language anyway, because in those states it's neither intended as nor permitted to be a pay-for-play opportunity.

longhorn320

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Re: Transfer Portal
« Reply #85 on: December 09, 2022, 10:11:55 AM »
I was under the impression that NIL allows a player to make money advertising various products using his name and likeness

Seems to me to be a two way street in that the company involved gives up their money in return for this player so why shouldnt there be a guarantee from the player to participate in all games to secure the money commitment

but I dont pretend to be a legal expert so maybe it is only a one way street
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FearlessF

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Re: Transfer Portal
« Reply #86 on: December 09, 2022, 10:27:01 AM »
I'd write it into the contract


unless it was illegal, but I'd have some verbiage written to allow some encouragement to play in games as opposed to opting out 
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FearlessF

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Re: Transfer Portal
« Reply #87 on: December 09, 2022, 03:17:24 PM »
Edge defender Jimari Butler becomes the 10th Husker scholarship player to enter the transfer portal.
Jimari Butler says he has decided to stay at Nebraska rather than transfer.

May be a Twitter screenshot of 1 person and text that says '10 @ButlerJimari Thanks to all the coaches, I appreciate you giving me the opportunity to play at your school, it meant a lot but after talks with the staff here and talks with my mom, I think it's in my best interest to stay here at the University of Nebraska 8:39 AM 09 Dec 22 from Lincoln, NE.'
« Last Edit: December 09, 2022, 03:33:20 PM by FearlessF »
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utee94

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Re: Transfer Portal
« Reply #88 on: December 09, 2022, 05:09:08 PM »
I was under the impression that NIL allows a player to make money advertising various products using his name and likeness

Seems to me to be a two way street in that the company involved gives up their money in return for this player so why shouldnt there be a guarantee from the player to participate in all games to secure the money commitment

but I dont pretend to be a legal expert so maybe it is only a one way street

Because NIL is not a pay-for-play deal, it's a pay-for-advertising deal.  And in some states, the NIL laws explicitly prohibit any clauses that would be considered pay-for-play, which is precisely what you are suggesting.

In its true form, NIL is nothing more than allowing NCAA college athletes to benefit from their name, image, and likeness, in the exact same way that all other college students have been able to do, since the dawn of time.  The NCAA forbade it, and I understand their reasoning, but it was never legal, and the states have decided to enact specific mandates that overrule anything the NCAA previously had in place.  So NIL's true intent, is simply to grant explicitly to college student athletes, the rights they already had, but that the NCAA illegally prohibited.

Many NIL deals-- in fact the most lucrative NIL deals-- aren't tied to any university whatsoever.  They're simply brands, that want a popular athlete to advertise for them.  Ewers' big deals are all negotiated separately and would be granted to him no matter what school he chose.  The deals he signed when he went to Ohio State, are still in place with him at Texas, because he negotiated those deals directly with the companies that want to use him to help advertise their brands, and those companies don't care where he goes to school, as long as he remains a high profile public character.



OrangeAfroMan

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Re: Transfer Portal
« Reply #89 on: December 09, 2022, 06:03:59 PM »
Jimari Butler says he has decided to stay at Nebraska rather than transfer.

May be a Twitter screenshot of 1 person and text that says '10 @ButlerJimari Thanks to all the coaches, I appreciate you giving me the opportunity to play at your school, it meant a lot but after talks with the staff here and talks with my mom, I think it's in my best interest to stay here at the University of Nebraska 8:39 AM 09 Dec 22 from Lincoln, NE.'
Strangely worded and you could read into it, but it's probably harmless.  I doubt he's that tactful, lol.  
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OrangeAfroMan

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Re: Transfer Portal
« Reply #90 on: December 09, 2022, 06:05:37 PM »
Would a coach perhaps at some lesser program have benefit in offering four year schollys?

In return, you don't portal.
I don't think any player would take that deal.  
“The Swamp is where Gators live.  We feel comfortable there, but we hope our opponents feel tentative. A swamp is hot and sticky and can be dangerous." - Steve Spurrier

longhorn320

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Re: Transfer Portal
« Reply #91 on: December 09, 2022, 06:41:37 PM »
Because NIL is not a pay-for-play deal, it's a pay-for-advertising deal.  And in some states, the NIL laws explicitly prohibit any clauses that would be considered pay-for-play, which is precisely what you are suggesting.

In its true form, NIL is nothing more than allowing NCAA college athletes to benefit from their name, image, and likeness, in the exact same way that all other college students have been able to do, since the dawn of time.  The NCAA forbade it, and I understand their reasoning, but it was never legal, and the states have decided to enact specific mandates that overrule anything the NCAA previously had in place.  So NIL's true intent, is simply to grant explicitly to college student athletes, the rights they already had, but that the NCAA illegally prohibited.

Many NIL deals-- in fact the most lucrative NIL deals-- aren't tied to any university whatsoever.  They're simply brands, that want a popular athlete to advertise for them.  Ewers' big deals are all negotiated separately and would be granted to him no matter what school he chose.  The deals he signed when he went to Ohio State, are still in place with him at Texas, because he negotiated those deals directly with the companies that want to use him to help advertise their brands, and those companies don't care where he goes to school, as long as he remains a high profile public character.



how can it not be a pay for play situation

folks are paying money to use the players name and likeness

there would be no appeal if the player didnt play

if the player gives up football see how long he gets NIL money
They won't let me give blood anymore. The burnt orange color scares the hell out of the doctors.

FearlessF

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Re: Transfer Portal
« Reply #92 on: December 09, 2022, 07:27:02 PM »
I don't think any player would take that deal. 
perhaps a few smart players looking at Northwestern or Stanford or similar
you know, playing school
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utee94

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Re: Transfer Portal
« Reply #93 on: December 09, 2022, 11:57:04 PM »
how can it not be a pay for play situation

folks are paying money to use the players name and likeness

there would be no appeal if the player didnt play

if the player gives up football see how long he gets NIL money

I've explained it twice, I don't know how to make it any clearer. 

NIL simply compensates a player for using her or his name, image, or likeness to promote a brand.  It CAN be linked to a specific university, but that's not its intent and in many cases it is not. Additionally, in some states there is specific language in the statutes that it CAN NOT be linked to pay-for-play.

I understand it's confusing to a lot of people.  It's confusing to a lot of players, and it's confusing to a lot of university officials.  But once you understand its basic intent, it should help you understand how it's being used "correctly" and how it's being perverted, but still technically within the rules.

To address the concern I highlighted in red--  the deals are typically time-bound  because if a player isn't playing then the marketing appeal isn't present.  But again, it's not pay-for-play and in some states it would be illegal to put such language into the contract.  If an NIL-deal-sponsor doesn't like the terms, he certainly is not obligated to engage in NIL at all.

longhorn320

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Re: Transfer Portal
« Reply #94 on: December 10, 2022, 01:19:15 AM »
you are right its not pay for play instead its pay for having played but the bottom line is the same


I can see future NIL contracts requesting the bowl game be played or maybe an additional bonus if they participate in the bowl game


maybe this would be an additional NIL offered by the Bowl Game sponsors themselves

and yes I know that would be pay for play but I predict thats coming

as far as states prohibiting it laws can change
They won't let me give blood anymore. The burnt orange color scares the hell out of the doctors.

MrNubbz

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Re: Transfer Portal
« Reply #95 on: December 10, 2022, 08:59:17 AM »
The deals he signed when he went to Ohio State, are still in place with him at Texas, because he negotiated those deals directly with the companies that want to use him to help advertise their brands, and those companies don't care where he goes to school, as long as he remains a high profile public character.
This is what I don't get,they are seperate deals right? I mean who ever ponied up for his cup of coffee in Columbus has gotta be thinking WTF did I just do?Never even saw his picture except  when the story broke he was coming to tOSU.What was his likeness used for mouthguards,chin straps,Uncle Josh's Bass baits?
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utee94

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Re: Transfer Portal
« Reply #96 on: December 10, 2022, 09:06:26 AM »
This is what I don't get,they are seperate deals right? I mean who ever ponied up for his cup of coffee in Columbus has gotta be thinking WTF did I just do?Never even saw his picture except  when the story broke he was coming to tOSU.What was his likeness used for mouthguards,chin straps,Uncle Josh's Bass baits?
The Kombucha company that Ewers signed with, is a Texas-based company.  Like I said, that deal was never contingent on WHERE he went to school, only that he he remains popular and in the public eye.  So they have zero interest in whether or not he plays a bowl game.  It really doesn't matter whether or not he plays at all, right up until the point that he drops out of the public eye, in which case I'd expect they'd choose to stop extending the deal.

I can't comment on whether or not they feel they're getting a decent ROI.  But that's pretty much the point I've been making-- the first couple years of this thing were inevitably going to be wild and weird.  Eventually, I do expect the market to settle down.

FearlessF

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Re: Transfer Portal
« Reply #97 on: December 10, 2022, 09:58:25 AM »
the only ROI some bad men are looking for is wins & losses

the $$$ is simply a tax write off

Kombucha might not have ever even taken a picture of the kid
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