The truth about the Grant of Rights Amendment

[TheOriginalCane]

OK, it's time to end all the mistaken information and myth-building.

Someone was kind enough to share the GOR Amendment (extension). And to quote John Cleese...

All of the claims that the GOR Amendment is "30-40 pages" or adds new terminology is incorrect.

What I have is a 2-page (1-page plus one sentence) document and what should be 16 signatory pages, and then there is a duplication of those pages, which is what potentially rounds up to 36 pages.

Sadly, ALL that the GOR Amendment does is to change ONE sentence in the original, thus adding 9 years to our prison sentence.

I would also add that I believe it would be important to view our various ESPN contracts, as well as the ESPN contracts with other P5 conferences, in order to figure out certain key elements. For instance, does the ESPN contract require unanimous consent by all ACC members to make revisions to the GOR (and can it)? Does the ESPN contract address what happens if the ACC dissolves? And at what level does ESPN own or license or hold the rights that each ACC school granted to the ACC in order to satisfy the ESPN deal(s)?

One other important takeaway: NOTRE DAME IS BOUND BY THE GRANT OF RIGHTS, even if football is not (via the ESPN contracts). That would mean that ND basketball, baseball, etc. are still covered by the GOR until 2036, so ND would ALSO have an interest (though not as strong) in killing the GOR and/or ACC itself.

In the end, I still believe that the GOR Amendment (the EXTENSION of time) could be found to be unenforceable, but the absence of any real "new terms" in the GOR Amendment leads me to conclude that voting to dissolve the entire ACC is the best approach (and/or would bring about the quickest compromise solution).

I'm sure that all the non-lawyers will have strong opinions on the enforceability (or lack thereof) on the document provided below, but there's no good reason not to confront all the pros and cons out in the open.

So...enjoy...

 

[TpaBayFlyFisher]

This contract was negotiated by idiots for the ACC……..

 

[TheOriginalCane]

This contract was negotiated by idiots for the ACC……..

Multiple were.

I've been discussing this with some of the other lawyers on the board, and I wondered why we couldn't have just done the ACCN deal through 2027 instead of 2036. WE ALREADY HAD A SIGNED GOR IN PLACE.

Every day, in every way, I come to hate ESPN more and more.

 

[Rickd]

OK, it's time to end all the mistaken information and myth-building.

Someone was kind enough to share the GOR Amendment (extension). And to quote John Cleese...

View attachment 245490

All of the claims that the GOR Amendment is "30-40 pages" or adds new terminology is incorrect.

What I have is a 2-page (1-page plus one sentence) document and what should be 16 signatory pages, and then there is a duplication of those pages, which is what potentially rounds up to 36 pages.

Sadly, ALL that the GOR Amendment does is to change ONE sentence in the original, thus adding 9 years to our prison sentence.

I would also add that I believe it would be important to view our various ESPN contracts, as well as the ESPN contracts with other P5 conferences, in order to figure out certain key elements. For instance, does the ESPN contract require unanimous consent by all ACC members to make revisions to the GOR (and can it)? Does the ESPN contract address what happens if the ACC dissolves? And at what level does ESPN own or license or hold the rights that each ACC school granted to the ACC in order to satisfy the ESPN deal(s)?

One other important takeaway: NOTRE DAME IS BOUND BY THE GRANT OF RIGHTS, even if football is not (via the ESPN contracts). That would mean that ND basketball, baseball, etc. are still covered by the GOR until 2036, so ND would ALSO have an interest (though not as strong) in killing the GOR and/or ACC itself.

In the end, I still believe that the GOR Amendment (the EXTENSION of time) could be found to be unenforceable, but the absence of any real "new terms" in the GOR Amendment leads me to conclude that voting to dissolve the entire ACC is the best approach (and/or would bring about the quickest compromise solution).

I'm sure that all the non-lawyers will have strong opinions on the enforceability (or lack thereof) on the document provided below, but there's no good reason not to confront all the pros and cons out in the open.

So...enjoy...

View attachment 245492
View attachment 245493

Dissolving the ACC conference is the starting point for sure. There will still be litigation ... but having 4 programs being picked up by the SEC will help hasten a negotiated settlement with the B10 and SEC media partners all involved. Thinking long term no way ESPN wants to see 100% of the cream of the ACC programs bail to the B10.

 

[No_Fly_Zone]

OK, it's time to end all the mistaken information and myth-building.

Someone was kind enough to share the GOR Amendment (extension). And to quote John Cleese...

View attachment 245490

All of the claims that the GOR Amendment is "30-40 pages" or adds new terminology is incorrect.

What I have is a 2-page (1-page plus one sentence) document and what should be 16 signatory pages, and then there is a duplication of those pages, which is what potentially rounds up to 36 pages.

Sadly, ALL that the GOR Amendment does is to change ONE sentence in the original, thus adding 9 years to our prison sentence.

I would also add that I believe it would be important to view our various ESPN contracts, as well as the ESPN contracts with other P5 conferences, in order to figure out certain key elements. For instance, does the ESPN contract require unanimous consent by all ACC members to make revisions to the GOR (and can it)? Does the ESPN contract address what happens if the ACC dissolves? And at what level does ESPN own or license or hold the rights that each ACC school granted to the ACC in order to satisfy the ESPN deal(s)?

One other important takeaway: NOTRE DAME IS BOUND BY THE GRANT OF RIGHTS, even if football is not (via the ESPN contracts). That would mean that ND basketball, baseball, etc. are still covered by the GOR until 2036, so ND would ALSO have an interest (though not as strong) in killing the GOR and/or ACC itself.

In the end, I still believe that the GOR Amendment (the EXTENSION of time) could be found to be unenforceable, but the absence of any real "new terms" in the GOR Amendment leads me to conclude that voting to dissolve the entire ACC is the best approach (and/or would bring about the quickest compromise solution).

I'm sure that all the non-lawyers will have strong opinions on the enforceability (or lack thereof) on the document provided below, but there's no good reason not to confront all the pros and cons out in the open.

So...enjoy...

View attachment 245492
View attachment 245493

I concur with your analysis. I'd add it arguably stands as a ratification of the original GOR and its terms. No bueno.

 

[TheOriginalCane]

I concur with your analysis. I'd add it arguably stands as a ratification of the original GOR and its terms. No bueno.

Yes, I think that the ACC would argue "ratification". At the same time, the Amendment references new consideration, so the extra 9 years should be analyzed on their own. Because if the AMENDMENT is found to be unenforceable, then we are only under the GOR until June 30, 2027.

A compromise needs to be sought and reached. Very soon.

ESPN should be happy with 20% of the Big 10 (4/20 schools)...

 

[grover]

SIAP but I didn't read the long thread, too annoying. Has this extension amendment been signed yet? If not, what do you suggest is Miami's best course of action here? I assume we already have had confidential talks with both SEC and BiG so it's just a matter of taking the right step for Miami to realize the outcome with the best expected value.

 

[Home Slice]

OK, it's time to end all the mistaken information and myth-building.

Someone was kind enough to share the GOR Amendment (extension). And to quote John Cleese...

View attachment 245490

All of the claims that the GOR Amendment is "30-40 pages" or adds new terminology is incorrect.

What I have is a 2-page (1-page plus one sentence) document and what should be 16 signatory pages, and then there is a duplication of those pages, which is what potentially rounds up to 36 pages.

Sadly, ALL that the GOR Amendment does is to change ONE sentence in the original, thus adding 9 years to our prison sentence.

I would also add that I believe it would be important to view our various ESPN contracts, as well as the ESPN contracts with other P5 conferences, in order to figure out certain key elements. For instance, does the ESPN contract require unanimous consent by all ACC members to make revisions to the GOR (and can it)? Does the ESPN contract address what happens if the ACC dissolves? And at what level does ESPN own or license or hold the rights that each ACC school granted to the ACC in order to satisfy the ESPN deal(s)?

One other important takeaway: NOTRE DAME IS BOUND BY THE GRANT OF RIGHTS, even if football is not (via the ESPN contracts). That would mean that ND basketball, baseball, etc. are still covered by the GOR until 2036, so ND would ALSO have an interest (though not as strong) in killing the GOR and/or ACC itself.

In the end, I still believe that the GOR Amendment (the EXTENSION of time) could be found to be unenforceable, but the absence of any real "new terms" in the GOR Amendment leads me to conclude that voting to dissolve the entire ACC is the best approach (and/or would bring about the quickest compromise solution).

I'm sure that all the non-lawyers will have strong opinions on the enforceability (or lack thereof) on the document provided below, but there's no good reason not to confront all the pros and cons out in the open.

So...enjoy...

View attachment 245492
View attachment 245493

3 years from now, what conference will the U be in?

 

[TheOriginalCane]

3 years from now, what conference will the U be in?

 

[Angry Ibis]

View attachment 245509

B1G …. wearing Jordan Brand… and LuLu workout gear to complete the @Rellyrell wardrobe..

 

[TpaBayFlyFisher]

Dissolving the ACC conference is the starting point for sure. There will still be litigation ... but having 4 programs being picked up by the SEC will help hasten a negotiated settlement with the B10 and SEC media partners all involved. Thinking long term no way ESPN wants to see 100% of the cream of the ACC programs bail to the B10.

I think a settlement is made more likely by ESPN’s weak financial position now. The B1G and Fox could try for the kill shot by taking all of the marketable teams from the ACC and support the litigation. ESPN might have to fire the remaining super social justice warrior stars of its team just to pay for the litigation.

 

[DamnLiesAndStatistics]

OK, it's time to end all the mistaken information and myth-building.

Someone was kind enough to share the GOR Amendment (extension). And to quote John Cleese...

View attachment 245490

All of the claims that the GOR Amendment is "30-40 pages" or adds new terminology is incorrect.

What I have is a 2-page (1-page plus one sentence) document and what should be 16 signatory pages, and then there is a duplication of those pages, which is what potentially rounds up to 36 pages.

Sadly, ALL that the GOR Amendment does is to change ONE sentence in the original, thus adding 9 years to our prison sentence.

I would also add that I believe it would be important to view our various ESPN contracts, as well as the ESPN contracts with other P5 conferences, in order to figure out certain key elements. For instance, does the ESPN contract require unanimous consent by all ACC members to make revisions to the GOR (and can it)? Does the ESPN contract address what happens if the ACC dissolves? And at what level does ESPN own or license or hold the rights that each ACC school granted to the ACC in order to satisfy the ESPN deal(s)?

One other important takeaway: NOTRE DAME IS BOUND BY THE GRANT OF RIGHTS, even if football is not (via the ESPN contracts). That would mean that ND basketball, baseball, etc. are still covered by the GOR until 2036, so ND would ALSO have an interest (though not as strong) in killing the GOR and/or ACC itself.

In the end, I still believe that the GOR Amendment (the EXTENSION of time) could be found to be unenforceable, but the absence of any real "new terms" in the GOR Amendment leads me to conclude that voting to dissolve the entire ACC is the best approach (and/or would bring about the quickest compromise solution).

I'm sure that all the non-lawyers will have strong opinions on the enforceability (or lack thereof) on the document provided below, but there's no good reason not to confront all the pros and cons out in the open.

So...enjoy...

View attachment 245492
View attachment 245493

Great share, been dying to see this as one of the non-lawyers you spoke of.

 

[TheOriginalCane]

I think a settlement is made more likely by ESPN’s weak financial position now. The B1G and Fox could try for the kill shot by taking all of the marketable teams from the ACC and support the litigation. ESPN might have to fire the remaining super social justice warrior stars of its team just to pay for the litigation.

Underrated observation. I think you are correct. ESPN is weaker now than they were when they "required" us to do extend our GOR for nothing.

 

[Empirical Cane]

OK, it's time to end all the mistaken information and myth-building.

Someone was kind enough to share the GOR Amendment (extension). And to quote John Cleese...

View attachment 245490

All of the claims that the GOR Amendment is "30-40 pages" or adds new terminology is incorrect.

What I have is a 2-page (1-page plus one sentence) document and what should be 16 signatory pages, and then there is a duplication of those pages, which is what potentially rounds up to 36 pages.

Sadly, ALL that the GOR Amendment does is to change ONE sentence in the original, thus adding 9 years to our prison sentence.

I would also add that I believe it would be important to view our various ESPN contracts, as well as the ESPN contracts with other P5 conferences, in order to figure out certain key elements. For instance, does the ESPN contract require unanimous consent by all ACC members to make revisions to the GOR (and can it)? Does the ESPN contract address what happens if the ACC dissolves? And at what level does ESPN own or license or hold the rights that each ACC school granted to the ACC in order to satisfy the ESPN deal(s)?

One other important takeaway: NOTRE DAME IS BOUND BY THE GRANT OF RIGHTS, even if football is not (via the ESPN contracts). That would mean that ND basketball, baseball, etc. are still covered by the GOR until 2036, so ND would ALSO have an interest (though not as strong) in killing the GOR and/or ACC itself.

In the end, I still believe that the GOR Amendment (the EXTENSION of time) could be found to be unenforceable, but the absence of any real "new terms" in the GOR Amendment leads me to conclude that voting to dissolve the entire ACC is the best approach (and/or would bring about the quickest compromise solution).

I'm sure that all the non-lawyers will have strong opinions on the enforceability (or lack thereof) on the document provided below, but there's no good reason not to confront all the pros and cons out in the open.

So...enjoy...

View attachment 245492
View attachment 245493

Are there existing articles that layout dissolving the ACC?

Is there a "backdoor" threshold for change whereby a simple/super majority could just vote to leave/dissolve?

 

[Empirical Cane]

3 years from now, what conference will the U be in?

My WAG...

Either happens very quickly or 2030...

 

[TheOriginalCane]

Are there existing articles that layout dissolving the ACC?

Is there a "backdoor" threshold for change whereby a simple/super majority could just vote to leave/dissolve?

There is the ACC Constitution, which is construed under the laws of North Carolina, so I've been told that only a "majority" would be required to dissolve (8 votes out of 15).

I'm certain that you will understand what I'm about to say, I really suspect that this is moving to "the nuclear option", wherein everyone wants to avoid such a destructive outcome. We shall see.

 

[Rickd]

Are there existing articles that layout dissolving the ACC?

Is there a "backdoor" threshold for change whereby a simple/super majority could just vote to leave/dissolve?

No articles laying out a dissolution procedure ... simply stated in the articles of constitution of the conference that decisions on actions outside of adding new members and a few other specific actions that require 2/3 vote only require a simple majority, i.e. 8 programs. Therefore if a majority vote to dissolve the ACC that's it folks. No more conference however ESPN will take the position that the rights had been assigned and are still theirs until 2036 and the attorneys for both sides and for all media partners will then negotiate some settlement.

 

[TheOriginalCane]

No articles laying out a dissolution procedure ... simply stated in the articles of constitution of the conference that decisions on actions outside of adding new members and a few other specific actions that require 2/3 vote only require a simple majority, i.e. 8 programs. Therefore if a majority vote to dissolve the ACC that's it folks. No more conference however ESPN will take the position that the rights had been assigned and are still theirs until 2036 and the attorneys for both sides and for all media partners will then negotiate some settlement.

Yeah, you're probably not too far off base there. I just think that ESPN might catch more flies with honey (i.e., trying to get a foot back in the door with the Big 10) than they would with litigation.

More money in hanging with the big dogs than trying to herd cats.

 

[Jonnyblaze]

Multiple were.

I've been discussing this with some of the other lawyers on the board, and I wondered why we couldn't have just done the ACCN deal through 2027 instead of 2036. WE ALREADY HAD A SIGNED GOR IN PLACE.

Every day, in every way, I come to hate ESPN more and more.

ESPN is basura these days, but you can't blame them for taking advantage of the ACC's stupidity.

 

[TheOriginalCane]

ESPN is basura these days, but you can't blame them for taking advantage of the ACC's stupidity.

I don't think it was stupidity, there was just a massive power imbalance between the Worldwide Leader and the only P5 conference without a network of its own.

The ACC was just a puppy, and ESPN was Lennie Small...