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Don't misinterpret Lincoln Riley's comments about the Notre Dame rivalry as USC being scared
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<blockquote data-quote="WVUALLEN" data-source="post: 132280559" data-attributes="member: 1112294"><p>All contracts are negotiable. You don't have to be a legal expert to know this. </p><p></p><p>The standard “grant of rights” contracts also include a laundry list of other rights, but those are generally negotiable to one degree or another.</p><p></p><p>Mark Wilhelm:</p><p></p><p>4 ways to challenge a deal</p><p>The first would be for the school to simply leave the conference and leave its rights behind. This is likely a non-starter because without its rights, that school is of considerably less value to another league. The new league wouldn’t be allowed to sell that school’s rights to a network, which likely would put an end to any potential marriage.</p><p></p><p>The second option is for the school to sue to try to get the rights back. This also would be exceptionally risky. “That’s going to be incredibly expensive,” Wilhelm said, “and there is not a lot of certainty that a school is going to win.”</p><p></p><p>If a school was willing to take the risk, it might claim the grant of rights isn’t a valid contract. That may sound silly. You can read three such contracts here. But it’s more complicated than that.</p><p></p><p><a href="https://cdn.theathletic.com/app/uploads/2022/07/01185531/ACC-Grant-of-Rights-1.pdf">ACC Grant of Rights</a></p><p></p><p><a href="https://cdn.theathletic.com/app/uploads/2022/07/01185303/Big-12-Grant-of-Rights-1.pdf">Big 12 Grant of Rights</a></p><p></p><p><a href="https://cdn.theathletic.com/app/uploads/2022/07/01185452/Pac-12-Grant-of-Rights.pdf">Pac-12 Grant of Rights</a></p><p></p><p>For something to be a contract, it must have three components: an offer, an acceptance and consideration. If I walk into a store and buy a pack of gum, my receipt is a valid contract. The store has offered me gum at a specific price. I have accepted those terms. I have given the store that amount of money, and the store has given me the pack of gum.</p><p></p><p>In the grant of rights, the school has given the conference something of value — its media rights. But what has the conference given the school? It’s not the money for those media rights. That comes from one or several networks based on the terms of the conference’s deal with the network(s). The school’s attorneys could argue that an entirely separate contract covers that consideration.</p><p></p><p>Meanwhile, the attorneys for the conference and the remaining schools could argue that the consideration the school received was stability in an unstable time.</p><p></p><p>Any school challenging any of the grant of rights deals would have to figure out where to sue. This goes back to the brevity of the contracts themselves. “There’s nothing inherently wrong with that,” he said. “That doesn’t mean it’s a bad contract or that it’s unenforceable or anything like that. But what you have is a situation where you’re tying up potentially billions of dollars of rights in three or four pages. That leaves a lot of questions about what everybody was agreeing to at the time.”</p><p></p><p>See why even Oklahoma and Texas — with all their fancy lawyers — haven’t challenged the Big 12’s grant of rights? It’s a lot of (expensive) work with no guarantee of success and a steep price for failure. Of course, if the schools could get the cases tried in their states, they might have a better chance of winning. This is especially true if they have friends in the state legislature who can help adjust the state’s contract laws. But again, that is no guarantee.</p><p></p><p>A much less risky (but probably still expensive) option is to try to negotiate a deal with the conference and the remaining members for an exit fee that is less than the full amount that would be forfeited. That exit fee would allow a school to leave with its rights intact.</p><p></p><p>The <a href="https://theathletic.com/college-football/team/oklahoma-sooners-college-football/">Sooners</a> and Longhorns could offer a payment that would allow the remaining Big 12 members to receive either an equal amount or more than they would have received had Oklahoma and Texas stayed until 2025, then it would seem reasonable that the other schools would let them leave with their rights. (Unless they really want to be spiteful, which is their right.)</p><p></p><p>The fourth option? Hope the league dissolves and the grant of rights dissolves with it. In the ACC, that would require the majority of the members to want to leave. That seems unlikely. But what about the Big 12 and Oklahoma and <a href="https://theathletic.com/college-football/team/texas-longhorns-college-football/">Texas</a>? The Pac-12 could respond to the loss of USC and UCLA by trying to scoop up Big 12 members. The leagues could merge and form an entirely new entity. If that happened, the Sooners and Longhorns could be free to go.</p><p></p><p>[URL unfurl="true"]https://theathletic.com/3396108/2022/07/01/acc-grant-of-rights-staples/[/URL]</p></blockquote><p></p>
[QUOTE="WVUALLEN, post: 132280559, member: 1112294"] All contracts are negotiable. You don't have to be a legal expert to know this. The standard “grant of rights” contracts also include a laundry list of other rights, but those are generally negotiable to one degree or another. Mark Wilhelm: 4 ways to challenge a deal The first would be for the school to simply leave the conference and leave its rights behind. This is likely a non-starter because without its rights, that school is of considerably less value to another league. The new league wouldn’t be allowed to sell that school’s rights to a network, which likely would put an end to any potential marriage. The second option is for the school to sue to try to get the rights back. This also would be exceptionally risky. “That’s going to be incredibly expensive,” Wilhelm said, “and there is not a lot of certainty that a school is going to win.” If a school was willing to take the risk, it might claim the grant of rights isn’t a valid contract. That may sound silly. You can read three such contracts here. But it’s more complicated than that. [URL='https://cdn.theathletic.com/app/uploads/2022/07/01185531/ACC-Grant-of-Rights-1.pdf']ACC Grant of Rights[/URL] [URL='https://cdn.theathletic.com/app/uploads/2022/07/01185303/Big-12-Grant-of-Rights-1.pdf']Big 12 Grant of Rights[/URL] [URL='https://cdn.theathletic.com/app/uploads/2022/07/01185452/Pac-12-Grant-of-Rights.pdf']Pac-12 Grant of Rights[/URL] For something to be a contract, it must have three components: an offer, an acceptance and consideration. If I walk into a store and buy a pack of gum, my receipt is a valid contract. The store has offered me gum at a specific price. I have accepted those terms. I have given the store that amount of money, and the store has given me the pack of gum. In the grant of rights, the school has given the conference something of value — its media rights. But what has the conference given the school? It’s not the money for those media rights. That comes from one or several networks based on the terms of the conference’s deal with the network(s). The school’s attorneys could argue that an entirely separate contract covers that consideration. Meanwhile, the attorneys for the conference and the remaining schools could argue that the consideration the school received was stability in an unstable time. Any school challenging any of the grant of rights deals would have to figure out where to sue. This goes back to the brevity of the contracts themselves. “There’s nothing inherently wrong with that,” he said. “That doesn’t mean it’s a bad contract or that it’s unenforceable or anything like that. But what you have is a situation where you’re tying up potentially billions of dollars of rights in three or four pages. That leaves a lot of questions about what everybody was agreeing to at the time.” See why even Oklahoma and Texas — with all their fancy lawyers — haven’t challenged the Big 12’s grant of rights? It’s a lot of (expensive) work with no guarantee of success and a steep price for failure. Of course, if the schools could get the cases tried in their states, they might have a better chance of winning. This is especially true if they have friends in the state legislature who can help adjust the state’s contract laws. But again, that is no guarantee. A much less risky (but probably still expensive) option is to try to negotiate a deal with the conference and the remaining members for an exit fee that is less than the full amount that would be forfeited. That exit fee would allow a school to leave with its rights intact. The [URL='https://theathletic.com/college-football/team/oklahoma-sooners-college-football/']Sooners[/URL] and Longhorns could offer a payment that would allow the remaining Big 12 members to receive either an equal amount or more than they would have received had Oklahoma and Texas stayed until 2025, then it would seem reasonable that the other schools would let them leave with their rights. (Unless they really want to be spiteful, which is their right.) The fourth option? Hope the league dissolves and the grant of rights dissolves with it. In the ACC, that would require the majority of the members to want to leave. That seems unlikely. But what about the Big 12 and Oklahoma and [URL='https://theathletic.com/college-football/team/texas-longhorns-college-football/']Texas[/URL]? The Pac-12 could respond to the loss of USC and UCLA by trying to scoop up Big 12 members. The leagues could merge and form an entirely new entity. If that happened, the Sooners and Longhorns could be free to go. [URL unfurl="true"]https://theathletic.com/3396108/2022/07/01/acc-grant-of-rights-staples/[/URL] [/QUOTE]
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