NIL and Federal Regulations

[NCCanefan]

Surprised by Pac 12, not surprised at all by SEC.

SEC fears, terrified probably, of long term NIL consequences. They just don't have the local/regional demos for it.

No body actually wants to be in say Tuscaloosa, AL

 

[mirvin88]

I mean, it's not like they're broke. They're still getting dudes. It's just that people thought they had this huge bag fund and they were holding back for all these years (for no reason) and that once NIL regulation passed, they were going to unleash the full power of their bags. Nah man. They haven't been holding back all these years. Their cash ceiling is just lower than a bunch of other schools now so all of the sudden the integrity of the game means so much to them. Leased chargers and a duffle bag with $20 grand isn't good enough anymore.

I feel the same way. They still have their dudes to fill a duffel bag but after some time they aren't keeping pace with 10mil+ annually, IMO. And 10+ is Ruiz just starting out not considering other deals from local business in Miami (TVDs car, etc)

This is BAMA and others saying to themselves "uh oh..."

 

[TheOriginalCane]

Yep. And your point is correct that this will be stuck in the courts for years because it will ultimately be appealed to the Supreme Court by the losing side.

I heard an attorney make a great point yesterday about how stupid the NCAA lawyers are. Which we should always remember.
Had the NCAA not appealed their challenge to Cali’s NIL law, which is what NIL was even in court, then the federal decision would only have applied to Cali schools as it was California state law. But by appealing the decision to the Supreme Court, once that decision was handed down it became the law of the land and was not confined to a single state.
Imagine those same ******* lawyers dealing with this.

Good points, though Alston was about the benefits provided by the school to scholarship athletes. The funny thing is that very few schools have actually taken advantage of Alston and started providing enhanced benefits directly to the athletes. I think Miami is what, one of about 25 schools that pay "academic achievement awards"?

Now, NIL is a different beast. I still think the NCAA has a few bullets in the chamber, they just don't know how to use a gun very well.

 

[CaneFanWNY]

The irony of Greg Sankey lobbying for this is fuggin palpable

 

[kryptonite]

If I'm a businessman - with buttloads of money - I shouldn't be prohibited with contacting anyone I wish for possible marketing purposes. "Come to MY city, you already have a marketing value - and it will be beneficial to both of us. You're going to get a lot of love locally, and your name will assist in my marketing."

Now if it happens that this person is also a potential recruit - that's between the University and student. The NIL is between the athlete and ME. Two separate things.

They can't prohibit lawful, mutually beneficial business arrangements.

But they CAN prohibit fund raising to bribe student athletes to attend a specific school.

That's unlawful.

My understanding is that Ruiz is in contact with people who represent athletes prior to them signing to get an idea of what the athlete wants and what he's willing to provide. Since he doesn't talk directly to the player or specifically offer anything, this is currently allowed. This seems like the most obvious way to regulate if you're "concerned" about boosters recruiting. They'll make a rule that there can't be any contact, so the booster won't be able to sell a package to a kid until the kid signs. Now, in theory, the coaches will be the only recruiters, and the kids will have to guess what NIL deals they can get based on current players at that school.

 

[kryptonite]

If I'm a businessman - with buttloads of money - I shouldn't be prohibited with contacting anyone I wish for possible marketing purposes. "Come to MY city, you already have a marketing value - and it will be beneficial to both of us. You're going to get a lot of love locally, and your name will assist in my marketing."

Now if it happens that this person is also a potential recruit - that's between the University and student. The NIL is between the athlete and ME. Two separate things.

They can't prohibit lawful, mutually beneficial business arrangements.

But they CAN prohibit fund raising to bribe student athletes to attend a specific school.

That's unlawful.

Also: can you make the point that the starting RB for Miami is worth the same as the starting RB for FIU? In order to claim that you just want the player in your area and you aren't recruiting for a school, I think there have to be other schools available and you have to be offering the same amount to attend any school. Otherwise, how do you claim you aren't recruiting for a particular school? And if you're a national/international company why are you even offering money for that particular area? Wouldn't the best exposure for your company be from the player with the most exposure? So shouldn't you be offering money to the player to play in Alabama where he's likely to be on TV more? Or maybe a player that will be seen in the biggest market.

 

[TheOriginalCane]

My understanding is that Ruiz is in contact with people who represent athletes prior to them signing to get an idea of what the athlete wants and what he's willing to provide. Since he doesn't talk directly to the player or specifically offer anything, this is currently allowed. This seems like the most obvious way to regulate if you're "concerned" about boosters recruiting. They'll make a rule that there can't be any contact, so the booster won't be able to sell a package to a kid until the kid signs. Now, in theory, the coaches will be the only recruiters, and the kids will have to guess what NIL deals they can get based on current players at that school.

I would just point out that the photographic and social media evidence that John Ruiz provides would give anyone a reason to question this statement. The NCAA would probably cite the chronological proximity of these meetings and the ultimate school announcement as being highly suggestive of a connection.

Again, this is not my personal argument, I'm just saying that THIS is why I'd like to see John stop posting pics and other verbal confirmations on his social media, especially prior to a "committed" announcement.

Here's what you do. You call the Impractical Jokers and you set up one of those rooms with an adjoining room that has one-way-viewable glass. You hire a non-UM-grad to be your VP of Advertising & Marketing. You register a toll-free number like 1-800-U-GET-NIL so that any potential spokesmen can contact LifeWallet directly. Then John can observe the interviews between his VP and prospective spokesmen and then press a button for a silent buzzer that guides his VP on who to sign and for how much.

Plausible. Deniability.

Obviously I'm being intentionally humorous in some ways, but it would be a very good idea to just set up a monolithic NIL machine that just spits out a couple hundred well-compensated athlete-spokespersons each year. The SEC wouldn't know what hit them or how to fight back.

 

[Cajuncane]

gas is approaching 5 bucks a gal....Inflation is at 8 1/2 % and the fed is raising the prime making everything bought with credit out of site amongst a myriad of other things that are screwed up in this country....Fix this sht first then worry about what CFB players are getting paid by people that can afford to give it to them...at they will be able to afford a new car..

 

[Unsider]

Grown, seasoned big guns getting their panties in a wad because they can’t bully their way around anymore. Priceless. I knew a schoolyard bully go see the principal like this…

 

[Rellyrell]

What’s your take @Rellyrell

I think there’s a consensus among many pundits, & fans that parameters need to be set, more less guidelines. I love NIL for the players, along w/ players’ freedom of options. However, even in professional sports there’s guidelines to FA & player movement.

With that being said:
1. The NCAA caused all of this. Schools trying to justify why a player wasn’t making $$ off memorabilia, or allowed to be a feature in a commercial is the cause of this. This all could’ve been easily remedied

2. As I’ve stated before, the NIL would further divide the haves & the have nots b/c it would allow certain school’s bagmen to be flagrant w/ it

3. I find it hilarious & hypocritical that anyone from the SEC would be involved in this. Lol. I can see the PAC-12 as many schools out West r not about that bag life, they r about education & opportunities afterwards, so this hurts them further. But the SEC?? That’s just pure hate b/c that good ole boys network is being infringed upon

At the end of the day, I don’t agree w/ NIL being used as a pay-for-play mechanism. I believe NIL should be earned; it’s no different than a pro athlete earning potential increasing after the work he/she put in at that level or before they’re drafted. I also have no problem w/ an athlete using social media in a way to create a platform for themselves & earning.

But, NIL’s pay-for-play “could” ruin collegiate sports by making players complacent. There’s not a lot of adults that can handle a large sum of $$, let alone a kid who’s not fully developed mentally or emotionally. Do I think they should earn off their N.I.L? Yes; but, the nature of NIL v. what it’s being used for r totally opposite & needs an adjustment, imo.

 

[Rellyrell]

The hate from seeing these student athletes being compensated is real. It’s eating them up from the inside. You hearing phrases like ‘arms race’ attached to these kids, but when coaches are signing these INSANE AND OUT OF CONTROL CONTRACTS that’s okay.

Put a cap on coaches salaries or STFU! IMO

I’ve touched on this b4, as well. I peruse other boards & some other fan bases have said the same; the counter was “these coaches r earning their $$ by their performance; coaches work their way up to those figures, not start off.”

Technically, that counter argument is correct. None of the elite coaches started w/ the amount of $$ they r making today. With that being said, how coaches r making all this $$, allowed to leave programs for “better opportunities” IN THE MIDST OF THE SEASON, yeah, they need to be checked, too.

 

[Gocanes1990]

I think there’s a consensus among many pundits, & fans that parameters need to be set, more less guidelines. I love NIL for the players, along w/ players’ freedom of options. However, even in professional sports there’s guidelines to FA & player movement.

With that being said:
1. The NCAA caused all of this. Schools trying to justify why a player wasn’t making $$ off memorabilia, or allowed to be a feature in a commercial is the cause of this. This all could’ve been easily remedied

2. As I’ve stated before, the NIL would further divide the haves & the have nots b/c it would allow certain school’s bagmen to be flagrant w/ it

3. I find it hilarious & hypocritical that anyone from the SEC would be involved in this. Lol. I can see the PAC-12 as many schools out West r not about that bag life, they r about education & opportunities afterwards, so this hurts them further. But the SEC?? That’s just pure hate b/c that good ole boys network is being infringed upon

At the end of the day, I don’t agree w/ NIL being used as a pay-for-play mechanism. I believe NIL should be earned; it’s no different than a pro athlete earning potential increasing after the work he/she put in at that level or before they’re drafted. I also have no problem w/ an athlete using social media in a way to create a platform for themselves & earning.

But, NIL’s pay-for-play “could” ruin collegiate sports by making players complacent. There’s not a lot of adults that can handle a large sum of $$, let alone a kid who’s not fully developed mentally or emotionally. Do I think they should earn off their N.I.L? Yes; but, the nature of NIL v. what it’s being used for r totally opposite & needs an adjustment, imo.

We’re on the same page. I think you have to teach kids to brand themselves, help them manage their finances and pay them. What I strongly dislike is the SEC clutching their pearls and saying this is some pay for play scheme (vs what they’ve done for years). I would get rid of the collectives and let companies give actual deals to kids. And I would let kids get paid for their memorabilia. If you want to regulate the fair market value for memorabilia targets really easy plenty of markets to choose from online or otherwise to literally ascribe market value. If you want to talk about the value of someone’s likeness it’s easy to see how many eyeballs they get on different social media platforms (followers, impressions per post, etc).

My big question is how do you legislate put the collectives… My guess is, you can’t.

 

[UMFarArcher]

Also: can you make the point that the starting RB for Miami is worth the same as the starting RB for FIU? In order to claim that you just want the player in your area and you aren't recruiting for a school, I think there have to be other schools available and you have to be offering the same amount to attend any school. Otherwise, how do you claim you aren't recruiting for a particular school? And if you're a national/international company why are you even offering money for that particular area? Wouldn't the best exposure for your company be from the player with the most exposure? So shouldn't you be offering money to the player to play in Alabama where he's likely to be on TV more? Or maybe a player that will be seen in the biggest market.

No, I can't.

I'm a businessman, and I get to choose whom I wish to work with. Maybe I like the kid's attitude - maybe I think he's more photogenic - maybe I think he's more well spoken. My money - my offer - my decision.

You want another running back - YOU make your arrangements.

Why offer money for THAT particular area? 'Cause it's where I live, where I work, where I prefer, and it's MY money.

 

[mirvin88]

I think there’s a consensus among many pundits, & fans that parameters need to be set, more less guidelines. I love NIL for the players, along w/ players’ freedom of options. However, even in professional sports there’s guidelines to FA & player movement.

With that being said:
1. The NCAA caused all of this. Schools trying to justify why a player wasn’t making $$ off memorabilia, or allowed to be a feature in a commercial is the cause of this. This all could’ve been easily remedied

2. As I’ve stated before, the NIL would further divide the haves & the have nots b/c it would allow certain school’s bagmen to be flagrant w/ it

3. I find it hilarious & hypocritical that anyone from the SEC would be involved in this. Lol. I can see the PAC-12 as many schools out West r not about that bag life, they r about education & opportunities afterwards, so this hurts them further. But the SEC?? That’s just pure hate b/c that good ole boys network is being infringed upon

At the end of the day, I don’t agree w/ NIL being used as a pay-for-play mechanism. I believe NIL should be earned; it’s no different than a pro athlete earning potential increasing after the work he/she put in at that level or before they’re drafted. I also have no problem w/ an athlete using social media in a way to create a platform for themselves & earning.

But, NIL’s pay-for-play “could” ruin collegiate sports by making players complacent. There’s not a lot of adults that can handle a large sum of $$, let alone a kid who’s not fully developed mentally or emotionally. Do I think they should earn off their N.I.L? Yes; but, the nature of NIL v. what it’s being used for r totally opposite & needs an adjustment, imo.

I don't have a problem with unproven kids cashing in if someone wants to offer an ad deal. It's no different from Nike offering Lebron 90mil before he hits the league based on highschool production.

If someone thinks Arch Manning is the third coming of a superstar Manning QB and wants him as the face of their product that's their choice to make

 

[Rellyrell]

We’re on the same page. I think you have to teach kids to brand themselves, help them manage their finances and pay them. What I strongly dislike is the SEC clutching their pearls and saying this is some pay for play scheme (vs what they’ve done for years). I would get rid of the collectives and let companies give actual deals to kids. And I would let kids get paid for their memorabilia. If you want to regulate the fair market value for memorabilia targets really easy plenty of markets to choose from online or otherwise to literally ascribe market value. If you want to talk about the value of someone’s likeness it’s easy to see how many eyeballs they get on different social media platforms (followers, impressions per post, etc).

My big question is how do you legislate put the collectives… My guess is, you can’t.

I’ve mulled this situation for a while; you are absolutely right about the audacity of the SEC clutching their, proverbial, pearls.

There’s an elephant in the room, that a lot of folks have either dismissed or diminished, and that’s the scholarship aspect. A scholarship is defined as “a grant or payment made to support a student's education, awarded on the basis of academic or other achievement. A scholarship is financial support awarded to a student, based on academic achievement or other criteria that may include financial need, for the purpose of schooling.”

A free ride is a free ride. With this collective, if not regulated, I’m wondering if schools will start non-guaranteeing 4 yr scholarships to athletes, or possibly putting in clauses where kids will have to pay their own way. I saw that suggested on another sports board, & I’m just not sure what parameters are around that, either, or if it’s remotely a possibility.

The other problem w/ NIL in its current form is that it’s coupled w/ this transfer portal, which also doesn’t have any regulations. In essence, kids can hop in & out looking for NIL deals. That, too, is neither good for the sport, fans, or the Universities who r shelling out millions/yr in full rides.

It’ll be some interesting discussions, I just find it hilarious, ironic, & low key irritating the SEC would be the one’s leading this charge. They should be thee absolute last ones to say chit. This is the quintessential example of the pot & the kettle. Maybe some G5 programs, The PAC-12, possibly even some HBCU’s this could affect, but The B1G & SEC shouldn’t ever say chit. Lol.

 

[404Usernamenotfound]

“I know what will solve this…the government!”


- No one ever

Actually plenty of idiots says that and believe it.

They just are always wrong

 

[Rellyrell]

I don't have a problem with unproven kids cashing in if someone wants to offer an ad deal. It's no different from Nike offering Lebron 90mil before he hits the league based on highschool production.

If someone thinks Arch Manning is the third coming of a superstar Manning QB and wants him as the face of their product that's their choice to make

The LBJ argument is a good one; however, there’s one flaw in that: LBJ didn’t sign w/ Nike to go play for the Cleveland Cavs.

So when u see a case like Nico who chose TN b/c of their NIL offer (even though UTK “didn’t” offer the NIL, it was through their boost…uhruh, NIL collective) that’s the slippery slope, that’s open bag season. The last good QB from UTK was Peyton Manning in 1998, so of course he didn’t choose UTK to be developed & path to the NFL at his position. It was b/c of the NIL.

On the other hand, if Arch or any of these kids choose whatever school they’re at & while enrolled, earn $$ off their NIL, that’s something totally different.

 

[Gocanes1990]

I’ve mulled this situation for a while; you are absolutely right about the audacity of the SEC clutching their, proverbial, pearls.

There’s an elephant in the room, that a lot of folks have either dismissed or diminished, and that’s the scholarship aspect. A scholarship is defined as “a grant or payment made to support a student's education, awarded on the basis of academic or other achievement. A scholarship is financial support awarded to a student, based on academic achievement or other criteria that may include financial need, for the purpose of schooling.”

A free ride is a free ride. With this collective, if not regulated, I’m wondering if schools will start non-guaranteeing 4 yr scholarships to athletes, or possibly putting in clauses where kids will have to pay their own way. I saw that suggested on another sports board, & I’m just not sure what parameters are around that, either, or if it’s remotely a possibility.

The other problem w/ NIL in its current form is that it’s coupled w/ this transfer portal, which also doesn’t have any regulations. In essence, kids can hop in & out looking for NIL deals. That, too, is neither good for the sport, fans, or the Universities who r shelling out millions/yr in full rides.

It’ll be some interesting discussions, I just find it hilarious, ironic, & low key irritated the SEC would be the one’s leading this charge. They should be thee absolute last ones to say chit. This is the quintessential example of the pot & the kettle. Maybe some G5 programs, The PAC-12, possibly even some HBCU’s this could affect, but The B1G & SEC shouldn’t ever say chit. Lol.

Couldn’t agree more, the haves and have nots have been the same for the ENTIRE playoff era. I know you hate SC lol, but whoever helps keep kids out of the SEC is alright by me. The hypocrisy of the SEC IS MIND NUMBING. I could write a short story on it. Anyhow, the NIL side of things should be regulated down to true marketing deals and jersey sales / memorabilia. Manziel comes to mind as an example (even though he got plenty of $$$) he was probably worth more. So was a cat like Reggie Bush (the list goes on and on). As I’ve said ad naseum, I love kids getting paid through NIL. I don’t love kids getting paid by Buddy Gerity for doing a whole lot of nothing lol.

Furthermore, the city of Miami loves a winner. Even if we can’t fill the stadium lol (I remember the 01 team couldn’t even sell out) but everyone and there mother had a canes flag flying from their car… We’re in a great spot.

 

[kryptonite]

No, I can't.

I'm a businessman, and I get to choose whom I wish to work with. Maybe I like the kid's attitude - maybe I think he's more photogenic - maybe I think he's more well spoken. My money - my offer - my decision.

You want another running back - YOU make your arrangements.

Why offer money for THAT particular area? 'Cause it's where I live, where I work, where I prefer, and it's MY money.

My point was based on the idea you'd want to avoid the appearance of "recruiting" which is based on the idea the NCAA will specifically forbid it and the courts will uphold that. Neither thing is certain, so who knows? For now, I'm assuming the NCAA will make some new rules designed to curtail what Miami is doing and we'll have to live with those rules for years while the courts decide. We all know the NCAA favors the SEC, so if they don't have an advantage here, I think regulation is likely.

 

[Rellyrell]

Couldn’t agree more, the haves and have nots have been the same for the ENTIRE playoff era. I know you hate SC lol, but whoever helps keep kids out of the SEC is alright by me. The hypocrisy of the SEC IS MIND NUMBING. I could write a short story on it. Anyhow, the NIL side of things should be regulated down to true marketing deals and jersey sales / memorabilia. Manziel comes to mind as an example (even though he got plenty of $$$) he was probably worth more. So was a cat like Reggie Bush (the list goes on and on). As I’ve said ad naseum, I love kids getting paid through NIL. I don’t love kids getting paid by Buddy Gerity for doing a whole lot of nothing lol.

Furthermore, the city of Miami loves a winner. Even if we can’t fill the stadium lol (I remember the 01 team couldn’t even sell out) but everyone and there mother had a canes flag flying from their car… We’re in a great spot.

Couldn’t agree more. For the record, we’re playing by the rules. ****, the “tampering” allegations against SC, that’s bull chit; b/c again, there’s zero parameters. So SC is playing by the rules.

This is the cause & effect when things r not thought through. Iirc, one of the lead politicians pushing players to get paid was a KU alum who was plenty mad w/ the Adidas/KU situation, one that’s still not resolved & could possibly lead to a forfeiture of their NCAA title. I’m pretty sure my boy, who’s a KU booster, said dude was a booster, as well.

All of this was grossly mismanaged by all parties involved. I still find it ironic, which I knew would happen, as soon as the sleeping giants figured out how to get apart of this action, the good ole boys network, including politicians, would be up in arms. It was all good not having parameters when UT, UTK, Bama (Nick bragging about how much Young was making), OSU, TAMU etc. were finagling the system, but when both Miami & SC started flexing…’oh no, the system is broken, let’s do something about it.’