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110%er [5972]
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GOR question
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Aug 10, 2023, 11:15 PM
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I keep seeing comments, “all the schools voted for the GOR, it wasn’t just Swofford”. Did the schools actually have a choice? What would the outcome have been if schools like Clemson and FSU said no? Would it have passed with a majority vote or did it have to be unanimous? Was this to get their piece of pie with creating the ACCN? I don’t think I’ve seen this aspect of the GOR explained or discussed.
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Hall of Famer [22380]
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It was their plan...
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Aug 10, 2023, 11:24 PM
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.... to keep the conference together. The fear was that the B1G wouldn't stop at just poaching Maryland, and that the SEC might join them in poaching other schools.
The 20 year GOR was approved and, at the time, generally applauded by the fans, as securing the long term future of the ACC.
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CU Guru [1476]
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Re: GOR question
Aug 10, 2023, 11:28 PM
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It is impossible to know all of those things - to have the answers to all of our questions - without seeing ALL of the original documents. Most of what we are hearing now is just someone's interpretation of what the documents say - or what they THINK they say, since they have not seen all of the documents either. And even that may still not be enough, since there were undoubtedly discussions which went on during all of the time periods at issue, between/among the ACC, member institutions, and ESPN, some of which MIGHT be admissible in litigation, based on the context.
I am afraid that all of us are simply going to have to wait, to see how the chips fall, because even having total, perfect access to all of the documents and other information is not going to provide the ultimate answer - how the "other side" responds/reacts to any action by one party will affect the ultimate outcome, and we surely do not know how even Clemson will respond/react, much less any of the other parties, including FSU. The best we can do is hope that our administration and legal team are as good as our athletic teams, and bring Clemson home a winner!!!
GO TIGERS!!! R/TLM
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110%er [8539]
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Re: GOR question
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Aug 11, 2023, 8:11 AM
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I have never heard of any organization that is run by a board having to have a unanimous to approve a motion. Since none of us were there, I expect we have no idea what the first offer was or if there was a first or second offer and it doesn't matter at this point.
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Orange Blooded [2877]
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Re: GOR question
Aug 11, 2023, 8:28 AM
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The first sentence of section 1 of the GoR uses the word “irrevocably”, defined as: in a way that can never be reversed, undone, or canceled; permanently.
I’m not sure there is a mechanism to revoke the agreement via a conference vote. Maybe another unanimous amendment? Someone with contract law knowledge would have to explain how a school can buy their way out of the rights money in lieu of having to pay the revenue money from the new conference until 2036. Someone must have learned that ending the ACC would end the GoR early, then that’s impacting the media rights deal with ESPN, so they probably have options to sue the conference schools (just speculating). Anyhow, it’s one big contract law mess.
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Letterman [290]
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when the original was signed, 2 schools were against it...
Aug 11, 2023, 8:20 AM
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FSU and UVA. Swofford got on a plane and visited both Tallahassee and Charlottesville, and convinced them of the "plan", and they eventually agreed to sign it.
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CU Medallion [64593]
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The question now becomes...
Aug 11, 2023, 9:30 AM
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did the league knowingly provide blatantly false or grossly over-stated/over-optimistic information to persuade/coerce the schools to sign the GOR. If they did, the would be tantamount to fraud and may void the GOR.
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Athletic Dir [869]
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No one can sign over the rights of Clemson property but
Aug 11, 2023, 9:21 AM
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Clemson itself. It’s the school/entity’s property and no one else has the authority over it.
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All-In [25731]
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Re: No one can sign over the rights of Clemson property but
Aug 11, 2023, 9:51 AM
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I think that if being a member of the ACC means you get paid for letting ESPN broadcast your home games, then you are getting paid for your broadcast rights. Once you leave the ACC and they keep your broadcast rights but no longer pay you, that seems like a deal breaker. The reason you signed the GOR was to get paid. No more pay, no more broadcast rights owned by ESPN/ACC.
Leave the conference and say sue me. What Jury would agree that ESPN should own you with no longer paying you?
Plus, there are ways to screw ESPN and if they still want to broadcast your games, you charge the heck out of them for the use of your facility. Like 50 million per game. If I were in charge, I could royally legally screw them. And that is the attitude someone at Clemson needs to adopt.
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Orange Blooded [3213]
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Re: GOR question
Aug 11, 2023, 9:33 AM
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Nothing wrong with the GOR in principle. Where it seems the huge mistake was made was not having the ability to renegotiate the payout or to have automatic increases to the payout based on current markets and opposing contracts.
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Orange Blooded [4851]
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Re: GOR question
Aug 11, 2023, 9:59 AM
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If the schools wanting too leave the ACC,such as FSU and CU, finds
a real slick Harvard lawyer to search the document with a fine tooth
comb, he can find some words that will allow them to go around it. Look
what the congress did with the 14th amendment...any document can be
done this way.
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Legend [16733]
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Re: GOR question
Aug 11, 2023, 10:06 AM
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As I recall it was mostly about getting the ACC network up and running. ESPN did not want to invest money starting it if there were not guarantees schools in the ACC would remain in the conference. So all schools signed it to get ACC network money.
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All-TigerNet [13548]
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