College Football--Big Ten Expansion
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Anonymous
Agree, but there is a prohibition against using NIL offers in the recruiting process, yet I have heard & read of recruits discussing a specific NIL offer. In short, you are right. |
Anonymous
1) The GOR is iron-clad. https://www.tiktok.com/@ricoknows/video/7263626417080978734?_t=8eacyTmPgnG&_r=1 2)almost ACC schools are better off and have zero incentive to dissolve it 3) ESPN has a great deal and would require full payment . 4) the Big Ten would want to have nothing to do with any institution that stops at nothing to weasel out of a signed contract 5) all of the ACC schools have alumni base size/political/media weakness issues. |
Anonymous
| QUESTION: Is it safe to click on tiktock videos ? TIA |
Anonymous
Trump says no Biden says yes |
Anonymous
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Currently, there are 14 full ACC member schools which play football. Seven (7) of the 14 schools have publicly sought a way out of the ACC contract and, presumably, out of the ACC.
An 8th school (Georgia Tech) would probably benefit from leaving the ACC. Schools unlikely to benefit a departure from the ACC are: Boston College, Syracuse, Louisville, & Wake Forest. Not clear as to whether or not Duke would benefit from leaving the ACC. ACC members highly likely to benefit a departure from the ACC are: FSU, Clemson, UNC, U Miami, and maybe Virginia, NC State, Georgia Tech and VA Tech.[b] Not sure about U Pittsburgh. |
Anonymous
Gotcha. So the correct answer is maybe. Thanks. |
Anonymous
You do not know if points #1, #2, #3, #4, and #5 are true. You are just guessing. My opinion is that I do not agree with any of your 5 points. Did these 5 points come from the tictok video ? |
Anonymous
Not PP. But no doubt it is iron clad and will require the agreement of each member to change. There is no way out. If you read it you can see that it was entered into with what is playing out now in mind. So I agree with #1. #2 may be an overstatement but there are enough schools with no interest in breaking GOR that it is same difference. #3 is just true absent a renegotiation. #4 is false. Big10 now a full whore. Will do anything. #5 is not true for a couple of schools but true for the rest. To break the GOR all would have to agree. The 7 plus GTech would agree if there had Big10 and SEC homes. Wake, Louisville and Syracuse can be bought off most likely and move somewhere. Duke and BC not likely to do anything unless they also have a home. Neither would fit in Big12. ACC should push on ND and take Stanford, Cal and grab a couple of more out West so they can stay the #3 conference. |
Anonymous
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Please ignore the tictok "analysis" s the 5 points posted are more incorrect than correct.
Here is an interesting analysis by an attorney who specializes in IP law (Intellectual Property rights): https://stateoftheu.com/2023/8/7/23821364/how-miami-clemson-fsu-could-leave-the-acc-for-big-ten-or-sec-while-pac-12-collapses The above presents some interesting thoughts, BUT it is an incomplete analysis as the attorney does not address a few important issues; nevertheless, it is an article which raises several important issues. |
Anonymous
Agree to an extent, but also disagree. What do commentators mean by the term "ironclad" ? In my view, "ironclad" means little more than damages are likely to be assessed if a party in breach of a contractual agreement is sued and loses in court. In plain English: This is a dispute about money. A substantial issue is how to assess any damages incurred--if any at all--since there is no liquidated damages clause regarding the GOR (grant of rights), but there is a clear formula for the exit fee. Damages beyond the $120 million exit fee could be zero. Or the plaintiff could claim "unjust enrichment", but that might be a very weak argument after paying a $120 million exit fee. |
Anonymous
(This is OP continuing): A central issue might be whether or not the ACC/ESPN/Disney could obtain an injunction against any team that chooses to leave the ACC prior to 2036. If the answer is no, then it is simply a money issue which is a question of assessing damages, if any, in terms of money. Could an argument be made that the $120 million exit fee covers payment for a release from the GOR as well as from ACC membership ? Of course such an argument can be made. Many legal issues are present which have not been addressed in anything that I have read. |
Anonymous
No that is not it at all. In the GOR each school gave to the group its media rights until 2036. We will pick on FSU. FSU no longer owns its media rights. The ACC owns it. You can't just say you want it back --- you sold it away. That is what they did. They sold away their media rights to the collective. Anyone is free to leave the ACC with the 120 million exit fee but the ACC owns that team's media rights until 2036. What does that mean? Any money a departing team earns is owned by the ACC. So it would have to get paid to the ACC and they would only get what they are entitled to under the GOR. The money from the Big10 for media from FSU in our example would be shared with ACC. The ACC can get specific performance under this agreement. Meaning it is not about damages alone. The GOR is structured so that a judge will force FSU in our example to pay all media rights payments to the ACC. |
Anonymous
ESPN and Disney can't do anything about this at all. They may be able to sue the ACC but not a school for leaving. Could the ACC force a member to stay in -- no. But the ACC still owns their media rights until 2036. That means that the entity that gets the money from the Big10 or the SEC is the ACC. The exit fee is another issue. No there is no argument that the GOR covers the exit fee. Again, anyone can leave. But they cannot profit from leaving until after 2036. They will still get their ACC share. It would work like this -- Big10 does not pay FSU they pay ACC. ACC then pays the lower amount to FSU. Could they settle it for money -- sure. But the number on the GOR based on what the schools will be getting from the SEC or the Big10 would likely be a couple or a few hundred million on top of the 120 million. It may be more. That is why FSU has investment bankers looking into how to raise this money so they can try to make an offer. But such an offer is likely to be rejected by some of the schools and it would take all of the schools to agree. |
Anonymous
Please reread the sections which I have bolded above as you contradict your own arguments. For example: "gave" is quite different than "sold". Also, how can an injured party get both "specific performance" and monetary damages for the same incurred injury or harm ? As there is no liquidated damages clause regarding the GOR, how do you know that the broadcast rights holder or holders can get "specific performance " ? You defeat your own position when you talk about FSU paying damages to any party who allegedly owns the media rights after FSU pays a departure fee. |
Anonymous
ESPN/Disney might not care if a team leaves because they have the right to air and the copyright for that team's home games. They GoR gave those rights to the conference which then sold them to ESPN. Ask any nats fan how easy it is to get back rights you don't own |