- Thursday, 29 August 2013 11:16
- Author: Jim Franklin
Johnny Manziel was “convicted” of breaking NCAA Bylaw 220.127.116.11, which the essence is that a player ‘likeness’ shall not be used to promote commercial enterprises. In addition it requires that the student-athlete take step to prevent such action from taking place. If they failed to do so, their eligibility is at stake; thus Manziel sits out for a half. Here is this specific bylaw:
| Title:18.104.22.168 – Use of a Student-Athlete’s Name or Picture Without Knowledge or Permission.
|If a student-athlete’s name or picture appears on commercial items (e.g., T-shirts, sweatshirts, serving trays, playing cards, posters) or is used to promote a commercial product sold by an individual or agency without the student-athlete’s knowledge or permission, the student-athlete (or the institution acting on behalf of the student-athlete) is required to take steps to stop such an activity in order to retain his or her eligibility for intercollegiate athletics. Such steps are not required in cases in which a student-athlete’s photograph is sold by an individual or agency (e.g., private photographer, news agency) for private use. (Revised: 1/11/97, 5/12/05)
|IF Ed O’Bannon did nothing to stop his likeness being used during his college career, he’s not in good standing with this bylaw; therefore his ‘eligibility’ as a student-athlete could be in jeopardy. Since the agreement is between EA Sports and a (valid members) of NCAA. (Ed O’Bannon is arguing that should be extended down to the student-athletes in good standing with the NCAA.) Therefore Ed O’Bannon could be ineligible, and thus would have no claim to any damages, if any, as well as other athletes who failed to do anything during their playing days. Also the NCAA (cough) ‘enforcement’ has no statues of limitations; they could make that determination decades after the fact.And if the NCAA REALLY wants to be consistent, it would require every active scholarship player who has not joined the O’Bannon lawsuit to also miss game time or has not done some other tangible action, because their likeness is being used to “promote a commercial product”, and they either know or should have known about EA video games. And because Manziel will miss 30 minutes for 4k products, just use that same formula to determine how much time each scholarship athlete will sit out.Otter: Point of parliamentary procedure!Hoover: Don’t screw around, they’re serious this time!Otter: [aside] Take it easy, I’m pre-law.
Boon: I thought you were pre-med.
Otter: What’s the difference? [aloud] Ladies and gentlemen, I’ll be brief. The issue here is not whether we broke a few rules, or took a few liberties with our female party guests—we did. [winks at Dean Wormer] But you can’t hold a whole fraternity responsible for the behavior of a few, sick perverted individuals. For if you do, then shouldn’t we blame the whole fraternity system? And if the whole fraternity system is guilty, then isn’t this an indictment of our educational institutions in general? I put it to you, Greg: isn’t this an indictment of our entire American society? Well, you can do what you. You want to us, but we’re not going to sit here and listen to you badmouth the United States of America. Gentlemen!
[Leads the Deltas out of the hearing, all humming the Star-Spangled Banner]
Dean Wormer: You’ve done it this time, buster! No more Delta! I’m calling the national office! I’m going to revoke your charter! And if you wiseguys do one more thing, one more,I’m going to kick you out of college! NO MORE FUN OF ANY KIND!!
Mark Emmert, you are Dean Wormer. You are the laughing stock of all of “educational institutions”. Mr. Emmert, “Delta” is making you look foolish. You wear the dunce hat when Lightfoot, Franklin and White are involved. The only problem is that there’s not 1 “Delta” incident; there are multiple. As ludicrous as the argument that I craved out, regrettably it IS the state of football as we open up the season, and it is no more, no less, of joke than the penalty Johnny Football received.
I am not a lawyer, nor did I stay at a Holiday Inn. FWIW