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Topic: SEC Front Porch

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jgvol

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Re: SEC Front Porch
« Reply #742 on: August 14, 2025, 03:41:48 PM »

Mr Tulip

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Re: SEC Front Porch
« Reply #743 on: August 14, 2025, 04:09:36 PM »
Let's be fair. Not to take away from Saban's acumen, but Bama also had a nifty network of bagmen that could deliver a recruiting boost when needed. Nothing succeeds like success, but cash in hand definitely helps.
Now, everyone with a dollar can do that. Texas has more dollars than most. The built-in advantage evaporated.

Mr Tulip

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Re: SEC Front Porch
« Reply #744 on: August 14, 2025, 04:26:29 PM »
The collectives have not been disallowed.  Because legally there's just no way to separate the collectives from "legitimate" NIL.

The very fist time the 3rd party consulting firm attempts to block an NIL deal from the collectives or anyone else, it's going to get challenged in court, and it's going to get blasted.  Because without collective bargaining agreement from the involved parties, you just can't arbitrarily limit their earning potential.



The collectives aren't disallowed. They just have to show that the money they're paying out is commensurate with market forces. The collective cannot exist solely to collect money to pay NIL. That's coded in the statute. We'll see how long that statute survives.
For reference, what we've got is an "unfair restraint of labor" complaint. As a hand-waving argument, the NCAA said that players couldn't earn money outside the common scholarship stipend while playing college football. That kept the recruiting advantage sort of level (to those who followed the rules). 
Problem was twofold: 1. Everyone else associated with college football was making insane amounts of money and 2. You couldn't progress to the NFL without passing through college football and the NCAA. In short, you were compelled to participate as an unpaid laborer in order to have a shot at a profession.
This put the NCAA in the exact definition of a "cartel" (not drug). There was no alternative to their services (no other road to the NFL), and they alone controlled the compensation. According to US labor law, cartels cannot exist, and must be dissolved. 
Now, the NFL and MLB are also cartels, but they clearly exist. Why the difference? They are allowed to exist through special acts of Congress that authorize them with certain rules. That's what the NCAA "House settlement" is trying to achieve. Congress attempted to cobble together some equity rules that would allow the NCAA to exist while curbing the "no limit pot" pay for play that was the rule for the last 2 years. 
The NFL and MLB have something the NCAA doesn't, but in my opinion, really needs - a players' union. The NFLPA and MLBPA are the players' negotiating arms for the labor rules with their respective NFL and MLB organizations. They set salary ranges, caps, insurance, work standards, contracts, and most everything else governing player and team responsibilities. Sure, negotiations can be ugly, but the result is a clearly defined set that all teams can agree is fair, and all players understand. The agreements will abide by the charters Congress set forth, and everything works.
As it stands, I don't believe the current "House settlement" will survive its first challenge. I agree with the spirit, but I don't think it will be deemed equitable.

utee94

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Re: SEC Front Porch
« Reply #745 on: August 14, 2025, 04:31:37 PM »
The players in those leagues have consented to collective bargaining labor agreements.

The players in college football have not.

I guarantee you that the moment a consulting firm that a player has no engagement with and no legal or contractual interaction with, attempts to limit payment to a player-- from any source, collective or not-- a player who has not explicitly granted consent to such limitation via collective bargaining, it's going to get challenged, and it's going to get toppled, in court.

The NIL collectives will continue to operate as they have.

The only part that is changing, is the charitable portion of their operations.

Mr Tulip

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Re: SEC Front Porch
« Reply #746 on: August 14, 2025, 05:15:25 PM »
The players in those leagues have consented to collective bargaining labor agreements.

The players in college football have not.

I guarantee you that the moment a consulting firm that a player has no engagement with and no legal or contractual interaction with, attempts to limit payment to a player-- from any source, collective or not-- a player who has not explicitly granted consent to such limitation via collective bargaining, it's going to get challenged, and it's going to get toppled, in court.

The NIL collectives will continue to operate as they have.

The only part that is changing, is the charitable portion of their operations.
Yep. What the House passed isn't going to be sufficient. Right now, schools are mostly wondering who's going to go first.
Somebody's got to be the canary in the coalmine and go violate the statute, gain standing, and move the case through. In the meantime, NIL offers are sort of dependent on how much of the future you're willing to risk on an (almost) sure-thing.

utee94

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Re: SEC Front Porch
« Reply #747 on: August 14, 2025, 05:45:17 PM »
OK gotcha.  I now realize we're saying the same thing, you're just saying it better. :)

Yeah for sure someone will have to put the deal through that will challenge the clearinghouse and then break the system.  Some minor risk involved I think, but I doubt it's much.  If I were designing this challenge, I'd leave a little room in that $20.5M cap and just make it up with direct pay if it didn't fly.

But of course, it'll fly.  The courts are striking down every single attempt made to limit payments to players.  Because such limitation, without collective bargaining consent, is illegal.


 

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