The fact that the question raised by Ed O’Bannon landed on the docket of U.S. District Judge Claudia Wilken is solely and ineluctably the NCAA’s fault. It should never have come to this. The NCAA never offered a common-sense justification for not compensating O’Bannon for the use of his name, image, and likeness. Then again logic, fairness, and common practice all unite in saying there can be no such justification, so don’t blame the NCAA’s lawyers for the weakness of their argument. Blame the NCAA for taking this to court in the first place.
With any organization that operated without the debilitating procedural inertia of several hundred otherwise distracted voting members (otherwise known as Division I), this matter would have been settled outside the courtroom. Such a resolution would have had two cardinal virtues: 1) It would have been the collaborative product of the parties involved; and 2) It would, one assumes, have been tailored to to the very different needs and characteristics of the two revenue sports, football and basketball.
Now we have a resolution to the dispute that sides with O’Bannon, but does not possess either of these two virtues. In other words, we have a court decision, and more’s the pity. Continue reading