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Old 01-31-2012, 01:52 PM  
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****The official NEW new conference realignment thread.****

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Old 02-25-2013, 02:09 PM   #6421
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And a swap would vindicate anyone who's said football trumps basketball in terms of TV audiences..
How so? If KU is swapped then it's a clear admission that basketball is quite popular on TV. In fact, it would show that basketball programming is desperately needed to make these Conf networks more than just a fall option.
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Old 02-25-2013, 02:11 PM   #6422
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How so? If KU is swapped then it's a clear admission that basketball is quite popular on TV. In fact, it would show that basketball programming is desperately needed to make these Conf networks more than just a fall option.
It means the BigXII is willing to take anyone who will actually draw a football audience.
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Old 02-25-2013, 02:12 PM   #6423
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It means the BigXII is willing to take anyone who will actually draw a football audience.
?
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Old 02-25-2013, 02:16 PM   #6424
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?
KU's a basketball brand. Their inclusion in a ridiculously large Big 20 makes sense if they take Duke / UNC.

If FOX/BigXII is willing to let them out of the GOR, then it's because someone else adds more value Football wise that losing KU isn't too damaging to their profits.
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Old 02-25-2013, 02:19 PM   #6425
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Fox has no power to release any university from its obligations to the Big 12. Can Fox exert influence? Sure, they have enough money at stake that the powers that be in the Big XII would at least listen, but at the end of the day, the GOR gives the Big XII the control over the Tier 1 and Tier 2 media rights.
Assuming a conference even exists. One could make an argument (a very credible one) that if Texas left there is no valuable TV contract. At least not one worth 20M/yr to each member. If that is the case then essentially Fox does own the GOR because they can sue Texas via the Big 12. or directly if Big 12 isn't legally viable.


It's a mess. But it could be that Texas is more tied to the GOR than Baylor is since they create damages by leaving, Baylor doesn't.. You can only sue someone for actual damages, not perceived (or even written) damages. If Texas agrees to a 1B clause on the GOR but it's proven they only did $1M in damages, the courts will only award the 1M as actual damages regardless of what a contract said.
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Old 02-25-2013, 02:20 PM   #6426
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Originally Posted by Discuss Thrower View Post
KU's a basketball brand. Their inclusion in a ridiculously large Big 20 makes sense if they take Duke / UNC.

If FOX/BigXII is willing to let them out of the GOR, then it's because someone else adds more value Football wise that losing KU isn't too damaging to their profits.
Under my scenario, Fox wouldn't care who is where since it has a majority stake in the BIG network so they're just shifting chess pieces.
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Old 02-25-2013, 02:29 PM   #6427
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Assuming a conference even exists. One could make an argument (a very credible one) that if Texas left there is no valuable TV contract. At least not one worth 20M/yr to each member. If that is the case then essentially Fox does own the GOR because they can sue Texas via the Big 12. or directly if Big 12 isn't legally viable.


It's a mess. But it could be that Texas is more tied to the GOR than Baylor is since they create damages by leaving, Baylor doesn't.. You can only sue someone for actual damages, not perceived (or even written) damages. If Texas agrees to a 1B clause on the GOR but it's proven they only did $1M in damages, the courts will only award the 1M as actual damages regardless of what a contract said.
No one would sue Texas.

ESPN or Fox would simply show up at their stadium, televise their game, and send the money to the Big 12 to split. If UT is not in the Big 12, they get no split.

I think you do not understand the GOR on a fundamental level. Big 12 schools do not own the right to televise their own games. The conference does, and if they are not a member, they wont get a cut of the money gained from their games. The school would have to sue the conference to get their rights back, and that lawsuit would fail miserably, because there is not a country on the face of the earth that protects property rights more strongly than the USA.

Thats why there is no getting out of the GOR, unless the conference for some bizarre reason lets them out, or unless there are enough votes to dissolve the conference.
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Old 02-25-2013, 02:34 PM   #6428
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Assuming a conference even exists. One could make an argument (a very credible one) that if Texas left there is no valuable TV contract. At least not one worth 20M/yr to each member. If that is the case then essentially Fox does own the GOR because they can sue Texas via the Big 12. or directly if Big 12 isn't legally viable.


It's a mess. But it could be that Texas is more tied to the GOR than Baylor is since they create damages by leaving, Baylor doesn't.. You can only sue someone for actual damages, not perceived (or even written) damages. If Texas agrees to a 1B clause on the GOR but it's proven they only did $1M in damages, the courts will only award the 1M as actual damages regardless of what a contract said.
That's not how a GOR works. There aren't damages. The team that leaves simply wouldn't own the rights to their own games. That makes for an untenable situation for the team and especially the new conference.
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Old 02-25-2013, 02:37 PM   #6429
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Originally Posted by Prison Bitch View Post
Assuming a conference even exists. One could make an argument (a very credible one) that if Texas left there is no valuable TV contract. At least not one worth 20M/yr to each member. If that is the case then essentially Fox does own the GOR because they can sue Texas via the Big 12. or directly if Big 12 isn't legally viable.


It's a mess. But it could be that Texas is more tied to the GOR than Baylor is since they create damages by leaving, Baylor doesn't.. You can only sue someone for actual damages, not perceived (or even written) damages. If Texas agrees to a 1B clause on the GOR but it's proven they only did $1M in damages, the courts will only award the 1M as actual damages regardless of what a contract said.
In the case of your first paragraph, Fox does not need to sue Texas at all. They simply stop paying the Big XII. I.E. if Texas was to suddenly leave, there would be measurable financial damages to the other schools of the Big XII, because they would not be getting their checks from Fox for 18-20 million per year, because Fox would declare the contract null and void. Fox would not have to sue anyone. The Big XII could sue Texas, and expect to recieve any compensation that Texas would get from any Tier 1 or Tier 2 programming.

I am not sure you understand what a GOR is.
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Old 02-25-2013, 02:38 PM   #6430
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No one would sue Texas.

ESPN or Fox would simply show up at their stadium, televise their game, and send the money to the Big 12 to split. If UT is not in the Big 12, they get no split.

I think you do not understand the GOR on a fundamental level. Big 12 schools do not own the right to televise their own games. The conference does, and if they are not a member, they wont get a cut of the money gained from their games. The school would have to sue the conference to get their rights back, and that lawsuit would fail miserably, because there is not a country on the face of the earth that protects property rights more strongly than the USA.

Thats why there is no getting out of the GOR, unless the conference for some bizarre reason lets them out, or unless there are enough votes to dissolve the conference.
It does make me wonder what would happen if the departing team didn't grant access to the network crews. I mean, Kansas doesn't have the right to broadcast their games, but are they legally required to provide access?
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Old 02-25-2013, 02:41 PM   #6431
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In the case of your first paragraph, Fox does not need to sue Texas at all. They simply stop paying the Big XII. I.E. if Texas was to suddenly leave, there would be measurable financial damages to the other schools of the Big XII, because they would not be getting their checks from Fox for 18-20 million per year, because Fox would declare the contract null and void. Fox would not have to sue anyone. The Big XII could sue Texas, and expect to recieve any compensation that Texas would get from any Tier 1 or Tier 2 programming.

I am not sure you understand what a GOR is.
You are making it too complicated. Fox wouldn't give a damn if Texas is in the Big 12 or not, they'd still show up to Texas games that they select, and send the check on over to the big 12.

I guess if UT tried to bar Fox and ESPN from entering their stadium, then we'd have a hilarious mess that would probably end with UT paying triple damages.
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Old 02-25-2013, 02:42 PM   #6432
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It does make me wonder what would happen if the departing team didn't grant access to the network crews. I mean, Kansas doesn't have the right to broadcast their games, but are they legally required to provide access?
Well, since the Big 12 owns the right to broadcast games, I'd say yes. Chaining the gates and turning away media would wind up with a hilariously expensive loss that would force the AD to dip into the endowment or beg for money from donors to pay off damages.
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Old 02-25-2013, 02:43 PM   #6433
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It does make me wonder what would happen if the departing team didn't grant access to the network crews. I mean, Kansas doesn't have the right to broadcast their games, but are they legally required to provide access?
Interesting question...although couldn't the Big XII pick up the road team's feed and use that for broadcast? I am sure the home team is bound by contract to allow the road team access for their networks.

Of course, things would never even come close to getting that far, but those are some interesting what-if scenarios to consider.
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Old 02-25-2013, 02:44 PM   #6434
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That's not how a GOR works. There aren't damages. The team that leaves simply wouldn't own the rights to their own games. That makes for an untenable situation for the team and especially the new conference.
That's what I'm referring to. If the GOR is real and KU really submits the next 12 years of revenue to the Big 12 or whoever, then that's a damage. KU could simply argue in court (as Maryland is doing) that they weren't damaging anyone and hence should only pay whatever ACTUAL harm they caused the Big 12.


Then again, I don't really believe in the GOR because I'd guess a contract with this length has an out clause.


I find it nearly impossible to believe that Fox has no recourse in a 10 year, 2B deal with the Big 12 other than hoping and wishing that the GOR holds up in court. MN says "They just won't pay". I doubt it's that simple. They have to have recourse vs. Texas if they challenge it, and try to bolt. Thus far networks haven't reduced their payouts upon membership changes....yet.
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Old 02-25-2013, 02:44 PM   #6435
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Well, since the Big 12 owns the right to broadcast games, I'd say yes. Chaining the gates and turning away media would wind up with a hilariously expensive loss that would force the AD to dip into the endowment or beg for money from donors to pay off damages.
Well, according to Wickedson, KU has a huge endowment, so maybe they can afford it.
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