McCord

[Qbobby]

It makes no sense for Kyle to file a lawsuit when he can still go make money in the NFL. If it drags he's gone.

The lawsuit can be for the difference in earnings. If he signs as as UFA, he CERTAINLY won't be making as much as we would have by being able to return for a year and make NIL money. A filibuster running out the clock here doesn't give them an out, it just shows aggressive indifference. I can see where failure to respond to the appeal in a timely manner would look worse to a court than a prompt denial.

 

[Qbobby]

From Pro Football Network:

"Every NFL undrafted free agent is required to sign a three-year contract with league-minimum salaries in each season. Over the next three years, those salaries will be $795,000, $960,000, and $1.075 million."

 

[Shrmdougluvr]

One would think enough to handle the fallout from their own silly rules.

Problem is, the NCAA isn't just a cartel. They're an incompetent cartel.

What rule is silly here?

McCord's argument is something not founded in any current rule or regulation. It's premised on either completing opening the NIL floodgates (which would take a lot of time to consider) or some fundamental fairness argument about 5 to play 5 (which really isnt a great one either - people are negatively impacted by laws that are later changed all the time).

If McCord was still at Ohio State or at Alabama or Texas or even Washington State and going through the same process the vast majority of the people here claiming this should be a slam dunk would be claiming how fundamentally unfair it is to give a kid a 5th year just because.

 

[bnoro]

The lawsuit can be for the difference in earnings. If he signs as as UFA, he CERTAINLY won't be making as much as we would have by being able to return for a year and make NIL money. A filibuster running out the clock here doesn't give them an out, it just shows aggressive indifference. I can see where failure to respond to the appeal in a timely manner would look worse to a court than a prompt denial.

If he is ineligible to play NCAA football, how can he sue for NIL money that he isn't eligible to earn?

 

[Shrmdougluvr]

Huh? His NIL earning opportunity is a sure thing, his NFL earning opportunity is not. In fact most are saying he will make significantly less next year in the NFL. He can push this so long as he has time before the draft.

Penny in the hand is worth more than two in the bush.

The NIL argument is based on anti-trust/anti-competition. You can't really make that claim when you have another perfectly legitimate venue to make money in your chosen vocation.

 

[Qbobby]

If he is ineligible to play NCAA football, how can he sue for NIL money that he isn't eligible to earn?

Well, that's the legal issue in dispute. Whether their 'arbitrary" rules impeded his ability to make more money in one job and forced him into another for less income. Restriction of trade.

 

[Capt. Tuttle]

From Pro Football Network:

"Every NFL undrafted free agent is required to sign a three-year contract with league-minimum salaries in each season. Over the next three years, those salaries will be $795,000, $960,000, and $1.075 million."

Plus, time in the pension plan

 

[Qbobby]

The NCAA can avoid it by settling and proactively giving him another year or announcing a 5 in 5 policy, or feel confident in their rules and decisions and go to court where anything can happen.

 

[David321]

The NIL argument is based on anti-trust/anti-competition. You can't really make that claim when you have another perfectly legitimate venue to make money in your chosen vocation.

He made over a million last year in NIL, and would next year as well. That alone should be good enough for an underwriter let alone for the premise of a lawsuit that claims damages.

 

[bnoro]

He made over a million last year in NIL, and would next year as well. That alone should be good enough for an underwriter let alone for the premise of a lawsuit that claims damages.

But he'd potentially make that in the NFL too...

 

[OttosShoes]

What rule is silly here?

McCord's argument is something not founded in any current rule or regulation. It's premised on either completing opening the NIL floodgates (which would take a lot of time to consider) or some fundamental fairness argument about 5 to play 5 (which really isnt a great one either - people are negatively impacted by laws that are later changed all the time).

If McCord was still at Ohio State or at Alabama or Texas or even Washington State and going through the same process the vast majority of the people here claiming this should be a slam dunk would be claiming how fundamentally unfair it is to give a kid a 5th year just because.

First, I think the rule is silly, regardless of rationality, because I'm a Syracuse fan and it hurts Syracuse football.

But if we want to bring rationality to the table, I do actually think the rule is silly, as below:

The NIL argument is based on anti-trust/anti-competition. You can't really make that claim when you have another perfectly legitimate venue to make money in your chosen vocation.

I see that the other way around. With NIL, it's being considered employment now. The 5 for 4 or even 5 for 5 rule restrict the supply on employment--ensuring a funnel system prevents the NCAA and NFL from having to compete too much for talent.

It'd be like if Google and Microsoft--the biggest employers for coding and natural competitors--agreed that coders could only work for 4 years at Google (5 if they didn't work too hard the first year!) and then after that are kicked out of Google and can only work at Microsoft. That'd be cartel behavior that limits competition for hiring and thus lowers wages.

The supreme court already hinted at it, but in the new era I think "a properly matriculated student" is likely going to be the only thing that holds to scrutiny. People say 'college shouldn't be a minor league'. Minor leagues don't really get big 7 figure deals. I don't think college is at risk of becoming a minor league, I think it's already a self-stifled competitor.

But he'd potentially make that in the NFL too...

Sure, but the NFL will have to pay more to rookies if they have to compete with big NCAA deals. Even if it's on accident (and with how slow the NCAA moves it might be), it's anti-competitive.

 

[All4SU]

If I were McCord’s lawyer, my argument to the ncaa would be:
Your lack of consistency regarding who could and who could not receive waivers created an environment at Ohio State that was detrimental to my client. Making it impossible to know who he was competing against from one year to the next, and forcing him to forfeit a year of eligibility because he felt he had to take the field. The ncaa needs to make McCord whole.

 

[David321]

But he'd potentially make that in the NFL too...

Potentially, that's a gamble. And not a good one according to all of the mock drafts I've heard of.

 

[pokercuse08]

they might have a 1000 waivers for all we know.

In any case how much time do you want them to spend looking into these things? Even if most take and hr or 2 to review and there are only 50 that still takes time.

How many people do you dedicate to handle waivers ? Maybe they only have 2-3 to or 9-10 who knows.

Enough people to do it in a timely fashion, whatever that number is.

 

[longtimefan]

From Pro Football Network:

"Every NFL undrafted free agent is required to sign a three-year contract with league-minimum salaries in each season. Over the next three years, those salaries will be $795,000, $960,000, and $1.075 million."

How much of that is guaranteed?

 

[David321]

If he is ineligible to play NCAA football, how can he sue for NIL money that he isn't eligible to earn?

Has the presupposition of this argument not been that he was unfairly treated by Day this entire time? We keep talking in circles in this thread.

 

[orangefog]

Has the presupposition of this argument not been that he was unfairly treated by Day this entire time? We keep talking in circles in this thread.

Exactly, the only winning move is not to play. Sometimes you just have to stop arguing, particularly when we all want the same outcome. It's silly.

 

[Red2003]

Sorry I got the lawsuit thing going.

Just to add and we know Kyle isn’t going to play anywhere else but the NIL market value for a top QB right now is in the millions. Mensah 4 mil and Mateer is at 2.7. McCord would be in that range or higher as the leagues top passer returning.

Cuse will get Kyle for much less than that but that’s not the point. The NCAA is costing him the 2-4 Mil for a lost season.

 

[bnoro]

Potentially, that's a gamble. And not a good one according to all of the mock drafts I've heard of.

Yeah, no bias in that statement lol.

He could also have great interviews and workouts, and in a very QB weak draft move his way up the board.

 

[bnoro]

Sorry I got the lawsuit thing going.

Just to add and we know Kyle isn’t going to play anywhere else but the NIL market value for a top QB right now is in the millions. Mensah 4 mil and Mateer is at 2.7. McCord would be in that range or higher as the leagues top passer returning.

Cuse will get Kyle for much less than that but that’s not the point. The NCAA is costing him the 2-4 Mil for a lost season.

Would be tough for them to actually provide the real numbers of these deals to prove it.

 

[RF2044]

If he is ineligible to play NCAA football, how can he sue for NIL money that he isn't eligible to earn?

This may all work out unfavorably -- that's for sure.

But let's not pretend that NCAA rules are hard and fast. They are, until the NCAA decides to make rulings that are arbitrary and capricious, and not tied to precedent [and I'm choosing those words intentionally].

So I get your point. It seems cut and dry. BUT the NCAA also shifts their stance seemingly every time someone hits them with a lawsuit, or stands their ground and defies them. Which invites the challenge, IMO. McCord has nothing to lose.

 

[David321]

Exactly, the only winning move is not to play. Sometimes you just have to stop arguing, particularly when we all want the same outcome. It's silly.

Agreed but some have played devils advocate so adamantly that it makes me wonder.

 

[orangefog]

Agreed but some have played devils advocate so adamantly that it makes me wonder.

At the end of this, either Kyle will be wearing Orange next year or he won't. None of this back and forth means anything.

 

[David321]

At the end of this, either Kyle will be wearing Orange next year or he won't. None of this back and forth means anything.

I actually like to think that the powers at be are reading this and are intimidated by our brilliant takes and thus influenced by them.

But I could be wrong on that. They might be watching Christmas movies or something.

 

[orangefog]

I actually like to think that the powers at be are reading this and are intimidated by our brilliant takes and thus influenced by them.

But I could be wrong on that. They might be watching Christmas movies or something.

You assume that the people at the NCAA offices can read.