Does Ed O'Bannon have a case?

When I heard that Ed O'Bannon was the lead plaintiff in a class action lawsuit against the NCAA on Tuesday, my first thought was the same as a lot of people:  he's got no chance.

For years, players have argued that the NCAA takes advantage of student-athletes.  Players aren't allowed to be paid (outside of what they receive as part of the their scholarship--books, tuition, etc.), and any money that comes from a players' likeness goes straight to the school.  College athletes sign away the rights to their own likeness when they agree to the conditions of the scholarship.

The end result is that schools make millions off of their top athletes, especially with the sales of jerseys, posters, photos, and video games.  It has gone on for years, and since the players agree to it up front, it's all legal.

But O'Bannon isn't suing for any money he feels he lost while he was in school (he played at UCLA from 1991-1995, and led the Bruins to the National Championship as a senior).  He's suing because he says the NCAA is selling his name and likeness now, some 14 years after he finished his college career.

O'Bannon will appear on my radio show today in the 3 pm hour to explain, but I think he has--at minimum--a legitimate argument here.

He says that some of the kids in his Las Vegas neighborhood were playing a video game produced by EA Sports recently that featured classic college teams.  His '95 Bruins were featured in the game, and he is the star player on that team.  They don't use his name, but the likeness is obvious:  a black, left-handed, power forward wearing his number 31 is on full display.  He says it is also now possible to buy his old jersey, and commemorative DVD's. 

O'Bannon understands that while he was an amateur, he wasn't entitled to any money.  But what about now, when his amateur status is long gone? 

According to his attorneys, O'Bannon had to sign away his rights to any royalties each year when he was in college.  Since he hasn't signed anything for 14 years, why does the NCAA have the right to continue to make money off his name now?

Two additonal points:

O'Bannon is well-off financially, so this isn't about making him a rich guy.  He's been a successful car salesman in Las Vegas for years, and still has some of his money from his NBA days.  He says he's doing this because of the principle, and I tend to believe him.  Of course if he wins, it will change college sports merchandising forever.

And he could win.  He has two elite law firms--Hausfeld LLC and Boise, Schiller & Flexner--representing him.  If those names sound familiar, it might be because they've been involved in cases like United States v. Microsoft and Bush v. Gore.

I'll be anxious to hear what O'Bannon has to say today on 710 ESPN--be sure to tune in. 

Great article here from Dan Wetzel from Yahoo Sports, who takes a longer look at the O'Bannon case at this link:  http://rivals.yahoo.com/ncaa/basketball/news;_ylt=AuZ.BHuoW57UbgfuyLdOnOU5nYcB?slug=dw-ncaasuit072109&prov=yhoo&type=lgns

Comments

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John Ireland you didn't answer your own question. Does he have a case?

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