NCAA

Judge rules against NCAA in O'Bannon case

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Judge rules against NCAA in O'Bannon case

A federal judge has ruled that the NCAA can't stop college football and basketball players from selling the rights to their names and likenesses, opening the way to athletes getting payouts once their college careers are over.

In a landmark decision issued Friday, U.S. District Judge Claudia Wilken ruled in favor of former UCLA basketball star Ed O'Bannon and 19 others in a lawsuit that challenged the NCAA's regulation of college athletics on antitrust grounds.

In a partial victory for the NCAA, though, Wilken said the NCAA could set a cap on the money paid to athletes, as long as it allows at least $5,000 a year for big school football and basketball players.

Wilken was not asked to rule on the fairness of a system that pays almost everyone but the athletes themselves. Instead, the case was centered on federal antitrust law and whether the prohibition against paying players promotes the game of college football and does not restrain competition in the marketplace.

The plaintiffs gave up their right to damages in a pretrial move that meant the case would be heard only by the judge and not a jury. But even without monetary damages for former players the case was a battle over hundreds of millions of dollars in television contracts that attorneys for the plaintiffs said should be shared with the athletes themselves.

In a scathing post trial brief, they argued that the NCAA basically staked its defense on a 1984 Supreme Court decision that said the fundamental rule of amateurism was at the core of the NCAA's regulation of college athletics and that the organization could have suggested other remedies to help athletes to justify its control of the college sports marketplace.

"In some places, it is as if our three-week trial did not occur," plaintiffs' lawyers wrote.

Attorneys for the NCAA, though, said moving away from the concept of amateurism would drive spectators away from college sports and would upset the competitive balance among schools and conferences. They said some of the relief sought by the plaintiffs would allow for third parties to play players and that universities would lose control of their programs.

Several players testified during the trial that they viewed playing sports as their main occupation in college, saying the many hours they had to devote to the sport made it difficult -- if not impossible -- to function like regular students.

O'Bannon portrayed himself as a dedicated athlete who would stay after games to work on his shot if needed, but not much of a student. He said his job at UCLA was to play basketball and took up so much time that just making it to class was difficult.

"I was an athlete masquerading as a student," said O'Bannon, star of the 1995 UCLA team that won the national title. "I was there strictly to play basketball. I did basically the minimum to make sure I kept my eligibility academically so I could continue to play."

But witnesses called by the NCAA during the trial spoke of the education provided athletes as payment for their services and said the college model has functioned well for more than a century. They contended that paying players would make college sports less popular and could force schools to cut other programs funded by the hundreds of millions of dollars taken in by big time athletics.

The head of the Big Ten painted a dire picture of what college sports would look like in his testimony, saying his conference would likely cease to exist and the Rose Bowl would probably not be played.

Jim Delany said the idea of paying players goes against the entire college experience and he couldn't see league members agreeing to it. If some did, he said, they likely would be kicked out of the conference because the move would create an imbalance among schools that could not be resolved.

"There wouldn't be a Rose Bowl if either they or we were operating in a very different wavelength in terms of paying players," Delany said

That theme has since been echoed by college and conference administrators, even as they move forward on plans -- prompted by the O'Bannon suit and others -- to give expanded benefits to athletes in the 65 schools that comprise the five biggest conferences in the country.

"I fear that we will get past the change and then we'll realize that all the gymnastics programs went away, or that we have agents on campus all the time negotiating playing time for student athletes," Big 12 Commissioner Bob Bowlsby said in July. "There's all kind of Armageddon scenarios you could come up with. ... You wouldn't have to be a very good fiction writer to come up with some scenarios that would be pretty scary."

But Rutgers law professor Michael Carrier, a specialist in antitrust and intellectual property law, said the outcome might not be scary at all because the money may not be huge and will be paid only after a player's career is over.

"My sense is something like making these NILs payments after graduation are not really big game changers," Carrier said. "They're just giving the plaintiffs a little piece of the money many people would view them as entitled to. I don't think it will put college athletics out of existence."

Sliding Temple visits Army; Penn hosts Yale in need of Ivy win

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USA Today Images/Penn Athletics

Sliding Temple visits Army; Penn hosts Yale in need of Ivy win

Temple (3-4, 1-3 AAC) at Army (5-2)
Michie Stadium, West Point, New York
Saturday, noon, CBS Sports Network

Last time out
Temple lost to UConn, 28-24, last Saturday.

Army beat Eastern Michigan, 28-27, last Saturday.

Scouting report
Last week against UConn, the Owls committed 12 penalties for 117 yards. Despite putting up 229 more yards and 13 more first downs than the Huskies, Temple couldn’t finish drives late in the game to pull out the win.

Temple’s schedule doesn’t get easier this week. The Owls play an Army team riding a three-game win streak and boasting the second-best rushing offense in college football (378.4 ypg). That will be the matchup to watch as Temple averages 167.1 rushing yards allowed per game, good for seventh in the American Athletic Conference.

Temple’s starting quarterback Logan Marchi missed some practice time this week, but head coach Geoff Collins said he expects him to play Saturday. If he can’t go, look for backup Frank Nutile to replace him.

What it means
Temple’s performance against UConn was embarrassing, while the Owls' bowl hopes would take a severe hit with a loss to Army. Tulsa and Cincinnati are the only other opponents on the schedule against which Temple should be favored. Navy and UCF, on paper, look to be tough matchups for the Owls.

Series history
Temple owns the 7-5 series advantage and is 6-1 against Army since 2008. That one loss came last year when the Black Knights beat the Owls, 28-13, at Lincoln Financial Field in Temple’s season opener. 

What's next?
Temple has its bye before hosting Navy on Nov. 2.

Army travels to Air Force. 

Penn (2-3, 0-2 Ivy) vs. Yale (4-1, 1-1 Ivy)
Franklin Field
Saturday, 1 p.m., NBC Sports Philadelphia+


Last time out
Penn lost at Columbia in overtime, 34-31, last Saturday.

Yale defeated Holy Cross, 32-0, last Saturday.

Scouting report
Penn has the worst scoring defense in the Ivy League, which doesn’t bode well for its chances in this one considering Yale has the best scoring offense in the league. The Quakers allow 32.6 ppg and the Bulldogs score 41 ppg. Penn’s total defense is also last in the league, allowing 449.2 ypg.

The Bulldogs take control on the ground with the best rushing offense in the Ivy. Zane Dudek and Deshawn Salter lead the Bulldogs, as both have rushed for more than 400 yards and each has seven touchdowns. Penn will have to win the battle in the trenches to slow down the Bulldogs.

Series history
This is the 84th meeting between the teams. The Bulldogs hold a 46-37-1 advantage but Penn has won 19 of the last 25.

What’s next?
Penn travels to Brown.

Yale hosts Columbia.

Temple-UConn observations: Despite valiant effort from Marchi, Owls lose 1st homecoming game since 2008

Temple-UConn observations: Despite valiant effort from Marchi, Owls lose 1st homecoming game since 2008

BOX SCORE

That’s why football is a week-to-week game. Forget about momentum.

Temple found that out the hard way. After coming alive in a big road win over East Carolina last week, the Owls were humbled when a fourth-quarter rally fell short Saturday in a 28-24 homecoming loss to Connecticut at Lincoln Financial Field.

The Owls had one final shot at the victory with a drive in the final minute, but a Logan Marchi heave to the end zone was broken up.

The loss dropped Temple back under .500 at 3-4 (1-3 American Athletic Conference). UConn moved to 2-5 (2-2) with the victory.

• Say what you want about Temple quarterback Marchi (and you surely will after this game), but the guy is a fighter. Whether things are going his way or not, he continues to try to search for his receivers and attempt to squeeze the ball into those windows on the field. He made it two consecutive games with 300-plus yards passing as he was 33 of 54 for 356 yards with one touchdown and one interception Saturday.

• The game marked Temple’s first homecoming loss in nearly a decade. TU hadn’t suffered a homecoming defeat since a 7-3 loss to Western Michigan on Sept. 27, 2008. On that day, former Eagles DB Jaiquawn Jarrett was beaten in coverage on a double move in the third quarter for the game’s lone touchdown. Coming into Saturday, the Owls had won eight straight homecoming matchups by an average margin of 19.3 points.

• There was a rare sighting for Temple at the Linc: a rushing touchdown from a tailback. In fact, there were two. David Hood, who became the first Owls tailback to score on a run this season in last week’s rout of East Carolina, punched it in from one yard out to open the scoring in the first quarter. Ryquell Armstead weaved his way into the end zone for a 10-yard TD on the first play of the fourth quarter.

• Delvon Randall is simply a playmaker. The Owls’ leading tackler, Randall added another five stops in Saturday’s win. The junior DB also made a beautiful play along the sideline in the first quarter when he undercut an out route for an interception. It marked Randall’s third straight game with a pick. The Owls only have four interceptions this season and Randall has three of them.

• My colleague Greg Paone touched on college football’s targeting rule a couple of weeks ago (see story)We agree on pretty much all of the nuts and bolts of the rule. I’m glad it’s in place to protect players from violent and unnecessary hits. However, the more I see it called each week — and it seems like there is at least one in every game now — the more I’m starting to dislike the implementation. Temple defensive lineman Sharif Finch was ejected for targeting on Saturday when he went high on Huskies quarterback Bryant Shirreffs on a third-quarter touchdown pass. Shirreffs sold the hit by jerking his head back as he fell to the ground, but it was definitely worthy of a penalty. Was it a late hit? Yes. A bone-headed hit? Absolutely. But one worthy of Temple losing a top defensive player for the remainder of the game? I don’t think so.

• Speaking of Shirreffs, it’s easy to see why the Huskies have the best passing offense in the AAC. He didn’t show it with yardage in this tilt (just 105), but he was able to connect on three touchdowns through the air. He also added 39 yards on the ground, including a key run up the middle late in the fourth quarter.

• The Owls simply aren’t a good enough team to overcome 12 penalties for 117 yards.

• Like any other major college football game around the country, Saturday’s matchup at the Linc had scouts from NFL teams listed to attend. Of course, the Eagles were listed for several scouts in their home stadium. While the Miami Dolphins, Baltimore Ravens and Pittsburgh Steelers were also among those expected to have representatives at the game, there was only one other team labeled for more than one scout besides the Eagles — the New York Giants. At 0-5, they can certainly use all the help they can get right now.

• Temple will look to rebound when the Owls travel to play their final non-conference opponent in Army at 12 p.m. next Saturday.