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Reply to "California Lawmakers Vote to Undo N.C.A.A. Amateurism"

NorCalBBDad posted:
collegebaseballrecruitingguide posted:
NorCalBBDad posted:

Looking forward to seeing how this turns out. The players' allegiance will turn from the school to the sponsor. Imagine if Nike said to Zion "Wow Zion, that was close. Listen, we have too much money invested in you to take a chance on anything happening to you. We want you to take the rest of the season off - no ACC tournament or NCAA - and we'll give you another $20 million when you are drafted into the pros." The Golden Rule. He who has the gold makes the rules.

Does that sound like making money from their image, likeness or name? No, that sounds like something different, and therefore outside the intent of what they are doing. 

Ah. I see what you are saying. Allow me to expand my fact pattern. Zion Williamson commits to attend Duke University. Nike and Addidas get into a bidding war, for the ability to use his likeness in a large poster and print advertisements showing a picture of Zion wearing their shoe that says "Zion Williamson wears Nike (or Addidas)." He is not making an endorsement or a commercial. They see he is valuable NOT really as a college player, but as the pro player he is going to become after one year in college. They see him as the next LeBron/Jordan/Durant/Curry and want to get him locked up. Zion goes with Nike who pays him $20 million so they can use his likeness in college - banking that creating this relationship will give them an edge when he goes pro. Zion then twists his ankle and is out several games. The injury, it is widely seen, could have been much worse. Nike sees its $20 million and the future hundreds of millions it was going to make off his endorsements and commercials and five different "Z Dubs" shoes flash before its eyes and nearly go down the tubes and up in smoke, respectively.

My fact pattern then continues on as above. We have already seen college athletes, like McCaffery, skip football bowl games to protect their professional future. Is it so hard to believe that athletes might do the same in this scenario? True, they can do it NOW, but NOW it is all speculation - they can't be communicating (I think). They probably rightly BELIEVE they will make millions on graduation, but with this legislation a perfectly legal business relationship can be created between the player and corporation - who primarily cares about its investment in the player - BEFORE graduation and DURING the competition season.

Is this not a possible interpretation of the legislation?

It’s called insurance. Players already can take out insurance policies to protect their financial future in the event of a career ending injury. Insurance policies can literally be written for ANYTHING, and if a company is going to tie up millions in an athlete, especially if they are anticipating future performance, they better have an insurance policy. Also, in your example, McCaffrey sat out bowl game so he could ensure he could play, not to ensure he would not get injured to protect an endorsement contract. I think there is a difference.

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