Replies: 29
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110%er [6781]
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Apparently we in Tiger country have been so focused on ACC
Jan 31, 2013, 8:22 PM
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viability and losing more teams to the big ten that we haven't noticed that the rumors in Kansas and Mizzou are that they are going to the BIG ten.
http://www.rantsports.com/ncaa-football/2012/12/08/big-ten-must-make-kansas-jayhawks-next-target/
This is why the the big 12 is suddenly interested in UL again and now talking about trying to get a championship game.
Mizzou can leave at any time and most would rather be in the big ten with with the stupid divisional alignment and low regard for academics. Kansas is an AAU member.
Looks like the Big 12 is scrambling. not just this article but lots of others.
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All-American [551]
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Re: Apparently we in Tiger country have been so focused on ACC
Jan 31, 2013, 8:23 PM
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Kansas signed a GOR with Big 12... If they leave, they also eave all their broadcast rights with the Big 12... Not gonna happen
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All-TigerNet [14233]
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Any Maryland owes the ACC $50MIL***
Jan 31, 2013, 8:25 PM
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All-American [551]
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Re: Any Maryland owes the ACC $50MIL***
Jan 31, 2013, 8:27 PM
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"Any Maryland owed the ACC $50MIL".... What are u trying to say?!?!
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Orange Blooded [4745]
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The GOR is as fragile as the ACC getting $50M from UMD.
Jan 31, 2013, 8:34 PM
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Neither happens in my opinion. UMD will pay something, but not $50M. The GOR is shaky at best.
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Heisman Winner [108390]
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110%er [6781]
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Boom. Great minds I guess.***
Jan 31, 2013, 8:29 PM
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Heisman Winner [108390]
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:-)***
Jan 31, 2013, 8:30 PM
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All-TigerNet [14233]
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but but but GOR!
Jan 31, 2013, 8:23 PM
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LOL
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All-American [551]
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Re: but but but GOR!
Jan 31, 2013, 8:25 PM
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Don't stop at lol....u think their GOR is a fairy tale?
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110%er [6781]
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Myth of the Big 12's Grant of Rights.
Jan 31, 2013, 8:28 PM
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http://outkickthecoverage.com/myth-of-the-big-12s-grant-of-rights.php
By Jason Hutzler
That a grant of rights prevents conferences from being raided is a myth. The Big 12 is still vulnerable because Texas and Oklahoma are still in play to be gobbled up in conference realignment. To give you some background, I am a contract lawyer in Phoenix. I litigate a lot of contracts. Some that have liquidated damages clauses and some that don't.
At the end of the day, the liquidated damages clause is essentially an estimate by the parties of the expectant damages in the case of a breach. The liquidated damage clause cannot be used to punish the breaching party, but is used to indemnify the non-breaching party. An exit fee provision is a liquidated damage clause. Because it cannot be used to punish, they are often negotiated down from the stated fee.
Contracts that don't have a liquidated damage clause have two remedies available to the non-breaching party; specific performance and compensatory damages. Contract law enforces the expectancy interests between contracting parties, providing redress for parties who fail to receive the benefit of their bargain. However, courts rarely use specific performance as a remedy, especially in an instance when compensatory damages are easily calculated.
A grant of rights is a contract between each individual school and the conference pledging the school's media rights to conference for a number of year. Like all contracts, it can be broken. School X, member of Conference A who has granted its media rights to Conference A, thinks it can make more money in Conference B. So School X leaves Conference A for Conference B placing its media rights in Conference B. Now School X's games will be distributed by both confernces. At this point School X has breached the grant of rights agreement, Conference A will sue School X over the media rights under the grant of rights agreement.
Conference A would love to force School X to leave its media rights with Conference A, requesting a court require specific performance of the grant of rights. This is the threat of the grant of rights, the tie that binds so to speak. If a court were to elect the specific performance remedy then School X of course provides no value to Conference B. However, because specific performance is often difficult to enforce and requires more of the court's resources most courts rarely ever use this remedy.
Courts are even less inclined to use it when there is an easy way to calculate damages. The resulting damages from a breach of grant of rights are easily calcualable. There is no reason to believe that a court would require specific performance in a suit over a breach of a grant of rights.
The court is going to look at the value and duration of the media rights deal between Conference A and the networks. Then it will look at the duration of the grant of rights by School X to Conference A. Is the media rights deal worth less for the remainder of the grant of rights. If it is then this is the measure of damages School X must pay Conference A. My premise is that the networks have never reduced their payout to an existing contract, and there is no evidence they will going forward.
In 2003, the Big East is raided for two of its name brand schools, and a regionally significant school. The Big East added some lesser brands, and their media partners did not reduce their ongoing media deal. 2010, the Big 12 lost 2 schools in Colorado and Nebraska, did not replace those schools, and the Big 12 lost a significant amount of content (1/6th) in football and basketball. The Big 12's media partners did not reduce the payout on existing contracts but actually negotiated for more money on an expiring one. 2011, Texas A&M and Missouri left, the Big 12 replaced them with less valuable TV properties in TCU and WVU, and neither ESPN or FOX required a reduction in the payout to the Big 12. 2012, Maryland leaves the ACC for the Big 10, ACC replaces them with a less valuable media property. Not a single word is mentioned about a reduced payout for the ACC.
Networks, and one specifically, won't reduce the amount they pay to the conferences because it would violate their fiduciary duties to the conferences. Because one network (ESPN) has a hand in every league's media deal (except new Big East if it even exists) it can't in good faith pay one league more for raiding one league, then reducing its payout to league that was raided.
Because there is no evidence there would be a reduced payout to the league, the damages calculation is simple. The media deal for Conference A remains unchanged despite School X leaving, therefore there would be no damages for breach of grant of rights. The Big 12 grant of rights runs concurrently to media deals. So unless the networks change their strategy and go against precedent and start reducing the payouts to leagues, the only thing that binds these schools is money. Once the SEC starts its network there will be a new conference shuffle, and the Big 12 is still vulnerable.
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All-TigerNet [14233]
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This guy is right.***
Jan 31, 2013, 8:32 PM
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Orange Blooded [3573]
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GOR only applies as long as they are members
Jan 31, 2013, 9:10 PM
[ in reply to Re: but but but GOR! ] |
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meaning it is just another contract. You can take it with you when you go.
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CU Guru [1198]
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Orange Blooded [4745]
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As I have said over and over, they have never stopped
Jan 31, 2013, 8:31 PM
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scrambling since their defections started two years ago. The only hope they have is the ACC breaking up, and that is just not going to happen.
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Orange Blooded [4095]
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If this is true, then perhaps the ACC should kiss and make..
Jan 31, 2013, 8:37 PM
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up with WVU. After all, WVU academics are just as good as Louisville's and geographically, it would make sense for WVU to be in the ACC. Natural rivalry's with Pitt, VaTech, heck, CLEMSON ! I know Clemson Tiger Ski Fans like to hit Snowshoe Resort in Southern WV !
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All-TigerNet [14233]
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I agree. WVU is out of place.***
Jan 31, 2013, 8:39 PM
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110%er [6937]
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Re:No one wants WVU. Big 12 knows that they made a
Jan 31, 2013, 8:42 PM
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mistake.
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All-TigerNet [14233]
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Why does no one want WVU?***
Jan 31, 2013, 8:42 PM
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110%er [6781]
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Re: Why does no one want WVU?***
Jan 31, 2013, 8:47 PM
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too far away for the big 12 not brainy enough for ACC and BIG and the SEC thinks they can get a team with more viewers anytime it wants.
But thats just the conferences
FSU and CU fans desperately want more football schools.
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All-TigerNet [14233]
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I'm okay with WVU.
Jan 31, 2013, 8:50 PM
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TV doesn't care about academics.
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110%er [6781]
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exact;ly***
Jan 31, 2013, 9:01 PM
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CU Medallion [57064]
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Orange Blooded [4745]
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Orange Blooded [4095]
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I Want WVU.... A Lot Of People Want WVU ....
Jan 31, 2013, 8:48 PM
[ in reply to Re:No one wants WVU. Big 12 knows that they made a ] |
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the wine and cheese crowd? , not so much .... whats so terrible about WVU? ... WVU has a Medical and Vet. School, does Clemson have a Medical and Veterinary School? What makes Louisville so much more worthy?
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110%er [6781]
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Re: I Want WVU.... A Lot Of People Want WVU ....
Jan 31, 2013, 9:05 PM
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If i had to pick i'm glad we got UL instead of WVU but i would trade WVU for BC and lots of others in a heartbeat.
UL enters the ACC with the largest AD budget in the conference and you get the sense that all aspects of the university are on the way up.
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All-In [25393]
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I don't like Clemson adopting the same snobbish, elitist
Jan 31, 2013, 9:10 PM
[ in reply to Re:No one wants WVU. Big 12 knows that they made a ] |
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attitude toward other schools that we have fought as long as I can remember. By God, West Virginia should have been invited by the ACC rather than being in a position of believing they had no choice but to move as they did. I don't have a Harvard education...I have an education from a school that gave a poor, small boy from Rock Hill a chance to improve himself. And my school, Clemson, needs to ensure that all prospects for ACC membership are treated fairly with humility and respect...and we as Clemson men and women should demand such.
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Oculus Spirit [93658]
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I don't think anyone openly insulted WV but I'm almost...
Jan 31, 2013, 9:42 PM
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positive the ACC schools snubbed them when they came calling. I don't know how it would hurt Dook or Wake for a school like WV to be in the conference but evidently some of the President though so.
We have the power to elevate other schools system if we wanted to do that. I think this comes down to competition between academics from one school to another.
I'm confused myself, hartins. On one hand we complain about SEC school focused on athletics and ignoring academics while almost demanding that Duke and Wake put more emphasis on football in order to generate more profits. Then on the other hand we reject school like WV that do just that.
It's like a race with the finish line constantly moving.
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Addict [441]
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If Mizzou is looking for low academic standards...
Jan 31, 2013, 9:04 PM
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If Mizzou is looking for low academic standards, they are in the right place!
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110%er [6781]
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I misphrased that. They are currently stuck in low
Jan 31, 2013, 9:07 PM
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academics and and a stupid division.
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