How college sports video games upended the NCAA’s amateurism rules

Jul 26, 2024 at 6:56 PM
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The Landmark Case That Transformed College Sports Forever

The story of how a former college basketball star, a sports executive, and a determined attorney teamed up to challenge the NCAA's long-standing amateurism model, ultimately leading to a seismic shift in the landscape of college athletics.

Uncovering the Injustice at the Heart of College Sports

Sonny Vaccaro's Crusade for Player Compensation

Sonny Vaccaro, a seasoned sports executive, had long been troubled by the NCAA's treatment of college athletes. He recognized that these young men and women were generating millions in revenue for their schools, yet were not being fairly compensated. Vaccaro's extensive knowledge of the college sports landscape led him to the conclusion that the system was inherently unfair, and something needed to be done.Determined to right this wrong, Vaccaro sought out the expertise of Michael Hausfeld, a renowned attorney with a track record of challenging powerful institutions. Hausfeld, who had little familiarity with the intricacies of college sports, quickly grasped the underlying injustice. "I went to him and said, 'I think these (athletes) are getting screwed,'" Vaccaro recalled. Hausfeld's response was pivotal: "Then (Hausfeld) said to me something that really wasn't on my mind. He said, 'Well, now you gotta find me a guy who's gonna sue.'"

The Catalyst: Ed O'Bannon and the NCAA Video Game Controversy

Searching for the right plaintiff to spearhead their legal challenge, Vaccaro and Hausfeld found their answer in former UCLA basketball star Ed O'Bannon. O'Bannon, the MVP of the Bruins' 1995 national championship team, had noticed his likeness being used in a popular EA Sports video game without his consent or compensation. This discovery served as the catalyst for the lawsuit that would ultimately transform the landscape of college athletics.O'Bannon, along with other prominent athletes such as Oscar Robertson and Bill Russell, joined the antitrust case against the NCAA, challenging the association's right to profit from the use of players' names, images, and likenesses. "I just wanted to right a wrong," O'Bannon said at the time.

The Landmark O'Bannon v. NCAA Ruling

The O'Bannon v. NCAA case, filed in 2009, was a long and arduous legal battle, but in 2014, the plaintiffs emerged victorious. The court ruled that the NCAA's amateurism model was in violation of antitrust laws, paving the way for a fundamental shift in the way college sports were governed.The impact of the ruling was immediate and far-reaching. The popular EA Sports college football video game series was forced to discontinue, as the company was unwilling to risk further legal exposure. However, a decade later, the game has made a triumphant return, with one crucial difference: the athletes featured in the game are now being compensated for the use of their names, images, and likenesses.

The Demise of the NCAA's Amateurism Model

The O'Bannon case marked the beginning of the end for the NCAA's longstanding amateurism model. In the years that followed, the association and the five major conferences agreed to a $2.8 billion antitrust settlement, which included a plan to share revenue with college athletes."We knew from the very beginning that we were going to be undertaking a challenge to the concept of amateurism as it was masqueraded by the NCAA," Hausfeld, the lead attorney in the case, told the Associated Press.The settlement announcement and the return of the EA Sports college football game within weeks of each other was a symbolic moment, underscoring the profound transformation that had taken place in the world of college sports. The O'Bannon case had become synonymous with the demise of the NCAA's amateurism model and the unmasking of big-time college athletics as a billion-dollar industry built on the backs of unsalaried labor.While the legacy of the case is not one that O'Bannon actively embraces, his role in sparking this seismic shift cannot be overstated. "I knew something had to be done," he told Sportico in May. "I figured once people began to look under the hood of NCAA rules, they'd realize those rules really didn't add up."The O'Bannon v. NCAA case has left an indelible mark on the world of college sports, paving the way for a new era of athlete empowerment and revenue-sharing. The reverberations of this landmark decision continue to be felt, as the NCAA and its member institutions grapple with the profound implications of this historic legal battle.