barsad said:
Yes, I think there will be legal challenges to NIL, but those challenges will not be about "overturning" NIL. More likely the lawsuits will seek to better define what forms acceptable student compensation will take in the future.
Personally I am hoping that the challenges focus on how far governing bodies can go in regulating payments to students. Right now there is zero acceptable regulation, it's the Wild West and the roster chaos we saw in the last few months is a result. The first thing the courts will have to acknowledge is that this "name, image and likeness" thing is just another name for "compensation for play", it was a convenient way to get around being uncomfortable with paying students for the work they do (playing basketball).
Pro teams, along with three pro players' unions, all agree that a salary cap is needed for a common good: competitive balance within a league. The same anti-competitive problem exists right now in the NCAA under the no-regulation NIL regime. So I see no reason that the same legal argument wouldn't work for D1 teams, who all face the same problem (i.e. only a few NIL-fundraising powerhouses will take all of the good players and crush the competition every year).
There are a lot of differences between pro sports and collegeā¦. no players' union (yet) to make a deal with, a bunch of college presidents and NCAA executives who can't agree on what to order for lunch let alone hammer out an important labor agreement.
But with some leadership, creativity, good lawyers, backroom deals and/or a lot of time in court, reform can and should happen. But expect a 10-year process (or longer). I'm not looking forward to the next 10 years of roster musical chairs every off-season!
barsad, I agree with you that it sucks, but it is kind of the sucky straw that breaks the camel's back that is the suckiness of what has happened to college sports over a course of decades. The NCAA is lucky they got away with this for so long.
The rules against NIL make sense in the context of an amateur league of school sports where students from schools compete against each other. They don't make sense in the context of a professional league. The NCAA was able to make everyone pretend these were amateur sports teams for a long time after they weren't. The killed the golden goose. Schools got greedy and they have essentially been running high revenue, professional sports teams for a long time. (most non-profitably).
When you are essentially running for profit sports programs, you can't unilaterally decide you aren't going to pay your athletes. And what you really can't do is decide what OTHER people pay your athletes.
I don't see a way around this because while, as you say, pro teams and players' unions agree to terms, some of which include various forms of salary caps. But what NONE of them do, or can legally do, is stop athletes from getting paid by third parties for endorsements. They don't try to do that and never will. This is already a big exception to the salary cap rule, just not one that anyone cares about. Players in LA or NY can get better endorsement deals. Most people think that Klay Thompson gets better endorsements as a Warrior than he could anywhere else for a number of reasons. So players might take less salary to play on a team that will enhance their NIL marketability.
So, the bottom line is, they can't stop NIL. If Alums want to pay $10M to market a player's football card, they can. The genie is out of the bottle. All they could MAYBE do is stop the schools from overtly diverting funds to NIL contracts. There is almost no point in even worrying about that, because it is very easy to just tell your donors to go donate to NIL instead. Hell, people here already do that.
You are 100% correct that it is a sham to allow schools to pay players for play. But the logistics matter. As long as they keep up the structure of private citizens running NIL, I don't see that they can stop it.
What CAN happen is for schools to self sort by what they do in practice. In other words, they won't be able to make rules against NIL, but they can sort of look at each other and say - well, from a practical perspective we all have about the same NIL activity and revenue, etc. - we should be in the same conference. This kind of happened in a way in East Bay high school sports when DeLaSalle and the rest of the schools in their league essentially agreed that they didn't belong together because they didn't have the same priorities and DLS was just crushing everyone. They mutually parted ways. I think you will see that happening more and more in college sports. But it won't be through a "NO NIL League" by rule. It will be because schools that can't compete will decide that they are tired of getting crushed. I also think that if big donors, who are usually smart with their money, see that their money doesn't ultimately make a difference at their school because there is just too much more money elsewhere, they will tend to stop giving for that and things will spiral for that particular school. But we are early days in this situation. Personally, I'm hoping schools sort by who wants to be a professional league and who wants to be student athletes. But it could just make things continue to get worse.
I also think that while there are a lot of schools' fans that just don't care about the professional nature and if there are new players every year, there are a lot that do and I do think that if the veil is lifted it will be hard to deny that this is just bad, minor league sports played under the auspices of your school.