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

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Old 02-25-2013, 02:46 PM   #6436
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Originally Posted by mnchiefsguy View Post
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.
Radio sure, but TV? Not necessarily. Many times the home team has exclusive access to televising the game, though sometimes for low-profile games they might work out a deal where the road team can televise, locally only, under their own banner.
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Old 02-25-2013, 02:51 PM   #6437
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Originally Posted by Prison Bitch View Post
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.
This is not contract law. We are talking property rights.

In contract law, which the exit fees fall under, things can get gray and squirrelly with whether the fee was a good-faith estimate of damages, whether the fee was voted on legally, etc. Things could go either way there, but probably for UMD since that ACC fee looks grossly excessive.

The GOR falls under Property Rights, which is a whole 'nother animal in the law. Each school - SOLD - their rights to the big 12 for 13 years, and in exchange for selling those rights, they were "paid" for them in the form of a bigger contract. (without the GOR, it would not have been 20 per team)

As I said before, there is not a country on the planet that protects property rights more strongly than the USA. It would be like you selling me your car, and signing over title, then a couple years later asking a court to make me give you your car back. Unless there is some truly crazy circumstance I can't think of (I paid a demented 90-year old $5 for a brand-new Jag and her family wants it back maybe?), you simply cant do that. The car does not belong to you anymore, its my car.
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Old 02-25-2013, 03:27 PM   #6438
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Well I'm no attorney so I'll defer to others on legal issues. From what I read, Maryland is arguing they will pay a penalty but only what their damages actually are. The ACC is asking for $50M per the contract. If you are right, then there is no case here and Maryland owes whatever's in the contract under "property rights". But if there is a case.....?
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Old 02-25-2013, 03:28 PM   #6439
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Well, according to Wickedson, KU has a huge endowment, so maybe they can afford it.
We are well-endowed. But we're not Texas-sized if you know whatta mean. The KUAC is self-supporting with no state funds so there's no way any money from actual, education sources would ever be diverted to cover sports. I know you're joking of course, but if anyone did make that argument it woudl be hilarious.
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Old 02-25-2013, 03:39 PM   #6440
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Originally Posted by Prison Bitch View Post
Well I'm no attorney so I'll defer to others on legal issues. From what I read, Maryland is arguing they will pay a penalty but only what their damages actually are. The ACC is asking for $50M per the contract. If you are right, then there is no case here and Maryland owes whatever's in the contract under "property rights". But if there is a case.....?
Again, you are applying contract law to a property rights issue.

The ACC has to prove their damages because in the laws of every state (or at least both MD and NC), an exit fee must be a good-faith estimate of damages.

No one is trying to estimate damages in a GOR. Why would they? It is a sale of a property from one party to another (or maybe call it a lease since its just 13 years, but property rights still apply)

If you sell me your car and two years later you prove that the damages of me having to give you your car back are only $1,000 because of depreciation and that wreck I had last month, etc, you cant then ask the court to order me to sell you your car back to you for my $1,000 damages. You could offer me a million dollars, and I can still tell you to buzz off, I'm keeping the car.
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Old 02-25-2013, 05:51 PM   #6441
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Kevin Harlan talking about KU to the Big 10 isn't news. Been a rumor for quite a while now. Not sure KU is interested though. Not really the type of institution that needs to run from where they compete.
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Old 02-25-2013, 06:04 PM   #6442
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Why would anyone be dumb enough to sign a GOR with the big 12 in the first place?
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Old 02-25-2013, 06:31 PM   #6443
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Well I'm no attorney so I'll defer to others on legal issues. From what I read, Maryland is arguing they will pay a penalty but only what their damages actually are. The ACC is asking for $50M per the contract. If you are right, then there is no case here and Maryland owes whatever's in the contract under "property rights". But if there is a case.....?
There's nothing to damage. Their rights are gone. If Kansas leaves, the Big 12 won't sue them for damages. The Big 12 will simply own the rights to their games in a new conference.
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Old 02-25-2013, 06:33 PM   #6444
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Why would anyone be dumb enough to sign a GOR with the big 12 in the first place?
Desperation
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Old 02-25-2013, 06:39 PM   #6445
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Old 02-25-2013, 07:01 PM   #6446
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Texas is desperate?
They had just inked TLN and needed a conference. They sure didn't give up their share out of charity.
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Old 02-25-2013, 07:02 PM   #6447
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But you said "desperate"
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Old 02-25-2013, 07:07 PM   #6448
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I'd hate to see the one and only easy conference win in football go! I mean, our non conference teams are usually harder than Kansas!
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Old 02-25-2013, 07:07 PM   #6449
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But you said "desperate"
Desperate to keep their end of a $150,000,000 deal. I guess there are different kinds of desperation.
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Old 02-25-2013, 07:10 PM   #6450
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I'd hate to see the one and only easy conference win in football go! I mean, our non conference teams are usually harder than Kansas!
And yet, you're 37-49 all time vs them including 4-6 in the last ten. I guess that's success, judged from Iowa State standards.
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