A Lawyers Challenge to a Grant of Rights - Harvard Law Review Article - Episode 1

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  • Опубліковано 28 вер 2024

КОМЕНТАРІ • 43

  • @xmositoxc147
    @xmositoxc147 8 місяців тому +6

    At the time of the article the conference payouts where still within 25% of each other... vs. 2-3x

  • @ericphipps1285
    @ericphipps1285 8 місяців тому +11

    Dude, ya’ll are covering this issue better than any of the FSU channels. Nice work.

  • @davidbrown386
    @davidbrown386 8 місяців тому +7

    A “Peek Around The Corner podcast noting a Tampa Bay Times story about the FSU BOT approving an internal loan to athletics for a non construction purpose is interesting. It tells me they are getting their “Ducks In A Row” with the hope they can pay off the ACC and 2024-2025 is their final season in the ACC.

    • @Doc_Boots
      @Doc_Boots 8 місяців тому +3

      I agree. I bounce back and forth between Greg’s channel and here every day for updates

    • @pnut3844able
      @pnut3844able 8 місяців тому +3

      There's NO WAY they'll get 550 mill lmao

    • @powell4661
      @powell4661 8 місяців тому

      Or perhaps they just can't funds Athletes without a loan.

    • @Doc_Boots
      @Doc_Boots 8 місяців тому

      @@pnut3844able that is fine because the payout will end up much lower. Time will tell

    • @TheBigMountainPodcast
      @TheBigMountainPodcast  8 місяців тому

      No one in the public knows what this loan, or the vote to allow a loan, is really for. No need for us to speculate.
      But we appreciate the heads up!

  • @Combee1
    @Combee1 8 місяців тому

    Great job summarizing the first part of this article. Wilhelm does get a little bogged down with his playoff numbers theory, but he does have some very salient points in regards to why conference realignment will continue to accelerate.
    The ACC, over the past 12 years, is the perfect example of what Wilhelm points out about GORs, and their failure to achieve their purpose of keeping conferences together. I think the reason why he brings up the multiple forces at play for realignment is to point out that, while a GOR may provide some incentive for schools to stay put in a suboptimal situation, ultimately the GORs will fail to be the glue that keeps a conference whole. Later in the article, he.points out that conferences would be better served to focus more on good management and stewardship, creating a positive financial, competitive, and collegial environment that would attract schools if they want to survive intact. He predicts that relying solely on a punitive legal/financial handcuff to do that job will ultimately fail. Let's not forget that the SEC, as of that writing, did not even have a GOR, and currently has far smaller fees for exiting the conference. Why is that? Because the SEC has been well managed, and member schools do not have a strong incentive to leave.
    This is exactly where ACC leadership has failed. For years now, the FSU administration has been imploring the ACC to make significant changes to their revenue sharing model, so that the schools within the ACC who want to compete for national titles could keep up with the schools in the SEC and B1G. The need for these changes came as a direct result of very dubious and poorly executed negotiation practices by ACC leadership on media rights deals. FSU repeatedly warned the ACC that if changes were not made, then they would be forced to take action, not because FSU wanted to, but because they would have to in order to remain relevant at the highest level of competition.
    In response, the ACC sat on their hands and essentially ignored these requests, at times even mocking the idea. It became clear that most of the members of the ACC and its leadership were not interested in continuing to compete at the highest level of CFB, and were perfectly content with falling behind the other P5 conferences. The CFP snub was just another glaring example of the trend that FSU was warning about. So it was just a matter of time before one of the ACC power schools would mount this challenge to the GOR, and Wilhelm's article predicted it.
    I'm really looking forward to the next episode. As I mentioned on a previous video, Wilhelm brings up some pretty interesting points regarding a GOR's enforceability. I'm very interested to hear your take on his legal review. Absolutely nothing wrong with having your own opinion on these types of matters, because clearly there is no black and white, but all shades of gray. I love that you guys are not afraid to tackle this deep dive.

    • @TheBigMountainPodcast
      @TheBigMountainPodcast  8 місяців тому +1

      Really glad you enjoyed it.
      This mini-series is thanks to your previous comment pointing us to this article. Thanks so much!
      We hope the second episode doesn’t disappoint!

  • @JoeyAugustine
    @JoeyAugustine 8 місяців тому +3

    Florida State would be able to bring in better players thur the B1G then the ACC. Kids are gonna want to play for top programs and championship. That’s what brings in the money big names in the postseason!!!

    • @shallojalloh
      @shallojalloh 8 місяців тому +2

      It doesnt matter which conference FSU is in.
      The are are a top 10 class, year in and year out.
      The only B1G team consistently ahead of them is OSU.

    • @JoeyAugustine
      @JoeyAugustine 8 місяців тому +3

      @@shallojalloh yea but that’s gonna change when only the ACC champ will get in the playoffs and a 3 loss Penn state or LSU gets in over FSU. Kids are gonna want to only play for playoff contenders. Look at all the top schools since the start of the playoffs. Ohio state Alabama Oregon Oklahoma Clemson they all had success by getting in the 4 team playoff. Which makes the better talent come play. B1G and SEC will get each at least 3 teams per conference. FSU is a B1G Blood tho. History championship players. Big fan base.

    • @shallojalloh
      @shallojalloh 8 місяців тому

      @JoeyAugustine that's extremely speculative my guy and not factual at all. As my profile states.. it's facts over feelings

    • @lonnyrowden2630
      @lonnyrowden2630 8 місяців тому +2

      It won’t matter if you make the playoffs moving forward. You’ll need to win playoff games. You won’t do that with less money.

    • @shallojalloh
      @shallojalloh 8 місяців тому +1

      @lonnyrowden2630 | not even remotely true lol. You guys just cold on here and start mouth vomiting. Clemson & FSU has win 4 chips all vs the SEC while making significantly less money.
      Do you even think before you activate your fingers?

  • @danielforrester8078
    @danielforrester8078 8 місяців тому

    I think your half right on the ACC being a conduit and it is the teams who grant the rights to ESPN, however, it is the ACC President who sets up the deal with ESPN for the benefit of the ACC teams. Since 2013 the ACC President has been extermely disappointing in the deals while the SEC as secured billions of dollars in ESPN deals, the ACC agreed to a 4% increase YOY. I think that give FSU and the rest of the ACC Teams a leg up on the ACC.

  • @SpecialK32
    @SpecialK32 8 місяців тому +1

    All schools in the acc are rated as tier 1 programs, thus, they are equally valued. If wf, syracuse, gt, vt wanted to leave the conference, they would not be coveted abywhere eles nor wiuld the acc fight to keep them. They would probably allow a vote to occur and the members would see value to letting them leave. That is not yhe case woth fsu. Fsu is one of the crown jewels of the conference and one of the main reason that espn with either pickup the extension of the gor from 2027-2036 (which they have a unilateral option to do so) or not pick up that option. Proof is in how hard the acc is fighting to keep fsu.
    Otherwise, why not let them go aince they just voted for 3 more teams to come into the league. It would take 5 or more teams to duplicate the eyeballs that fsu brings in. Its all about eyeballs.

  • @SpecialK32
    @SpecialK32 8 місяців тому

    Decreasing value of the gor for the big 12 is the reason that espn tried to sabotage the big 12 conference.

  • @hcopenhagenh
    @hcopenhagenh 8 місяців тому

    Good Job boys

  • @Awalker5000
    @Awalker5000 8 місяців тому

    Thanks for pointing stuff out. There was some questions that I heard about the G.O.R., 1) Did the ACC members actually vote on the G.O.R.?? 2) Why no other ACC Conference members can have copies of the G.O.R. on their campuses?? 3) True or not True, is that the G.O.R. was done in secret by Conference Commissioner Jim Phillips. - But definitely wanting to hear your opinions on the rest of this issue. 👍

    • @TheBigMountainPodcast
      @TheBigMountainPodcast  8 місяців тому +4

      1. Yes. Fully approved.
      2. ACC says for confidentiality
      3. False. But the claim is that he extended the ESPN option to extend without proper member approval.

    • @chriswaller6859
      @chriswaller6859 8 місяців тому +3

      @@TheBigMountainPodcast There is also some concern about the GOR actually ending in 2027, with an ESPN option. That wasn't made public, and several ACC schools have claimed to have no idea of that.
      There is also the question of ethics, with Swofford insisting that the company where his son was an executive (Raycom) get the ACC channel.
      That created major delays in the channel, and major questions about the agreements with ESPN.

    • @timothyblack3322
      @timothyblack3322 8 місяців тому

      The signature’s are from 2003 with the exception of newer member’s.

    • @Awalker5000
      @Awalker5000 8 місяців тому +1

      @@chriswaller6859 I heard that also, because the extension was mentioned in the G.O.R. lawsuit, (I heard) ESPN was not happy, and that they were possibly not going to execute the extension. And FSU might have found a loophole to leaving the ACC..

    • @Spitfirethedragon
      @Spitfirethedragon 8 місяців тому

      @@TheBigMountainPodcast Number three, it was part of the agreement that the members voted on that ESPN can extend the media deal. So, the schools knew about that part of the original deal.