The Ed O’Bannon lawsuit is still waiting on a possible class certification, so a ruling on whether current and/or former athletes will eventually be entitled to compensation for the use of their name, image and likeness remains a ways off.
But a ruling in a separate case involving former athletes could hint at what’s ahead for O’Bannon. Reuters reports that the 9th U.S. Circuit Court of Appeals ruled against Electronic Arts in a lawsuit over the use of the likenesses of former college players, including former Arizona State and Nebraska quarterback Sam Keller (pictured), in its NCAA Football video game franchise. The decision, as made by a 2-1 vote, claims EA did not deserve protection for free expression under the First Amendment and paves the way for athletes to sue the company.
“Given that NCAA football realistically portrays college football players in the context of college football games, the district court was correct in concluding that EA cannot prevail,” wrote Judge Jay S. Bybee.
EA, the NCAA and Collegiate Licensing Company are co-defendants in the O’Bannon suit, and plaintiffs claim the images, likenesses and/or names of athletes are used without proper compensation. Both EA and the NCAA have recently sought dismissal from the case. The NCAA also, in a clear CYA move, ended its licensing agreement with EA Sports for the NCAA Football franchise. EA will continue to make the video game, just without the NCAA name on the front.
But the Keller case could indicate a settlement is coming sooner or later — at least from EA. Michael McCann of Sports Illustrated explains:
Whether the NCAA and CLC would follow suit remains to be seen, but McCann’s tweets, and the fact that the NCAA is fighting over amateurism and bylaws, indicate it’s not likely.
In a statement Wednesday night, Memphis head coach Mike Norvell confirmed that he has indefinitely suspended wide receiver Jae’Lon Oglesby and cornerback Kam Prewitt from his football program.
The teammates were reportedly involved in an on-campus physical altercation Tuesday. Later that day, several gunshots were fired into Oglesby’s car while the receiver was sitting in his apartment. Oglesby told police he did not see who fired the shots, but did indicate that he had been involved in the altercation with Prewitt.
No one has been arrested in connection to either incident, and Memphis police are currently investigating the situation.
“I will make no further comments on this matter while it remains under investigation,” the Tigers coach said in his statement. Norvell’s decision to suspend the players came after consultation with athletic director Tom Bowen.
Bowen said in his own statement that the university has “offered our full support to the local authorities investigating that incident.”
The past two seasons, Oglesby, a sophomore, has caught 25 passes for 213 yards and a touchdown. Five of those catches and 46 of the yards have come in 2016. He also has carried the ball eight times for 64 yards.
A redshirt freshman, Prewitt has yet to play a down for the Tigers. According to the Commercial Appeal he was suspended during summer camp for undisclosed reasons.
Whether Florida will have its leading tackler for its annual rivalry game with Georgia won’t be known (still) for another couple of days.
The good news is that, for the first time since severely spraining his ankle in the Week 7 win over Missouri, Jarrad Davis returned to practice Wednesday, albeit on a limited basis. If the linebacker takes the field for the UGA game, it won’t be known until Saturday shortly before kickoff.
“Obviously, that will be one of those that it’s got to be right with him, got to be right with the doctors. We’ll see. Kind of game time,” head coach Jim McElwain said. “I thought he moved pretty well. One of the tackling circuits he got beat up by one of the sleds. The sled bit back, but it was good to see. The opportunity to play in this game is something that’s real special and that guy is a real big part of our team. He’ll do anything he can to help us.”
Davis currently leads the Gators in tackles with 48 and is tied for second on the team with 3.5 tackles for loss.
While the status of Davis remains up in the air, McElwain did confirm that two starting defensive linemen, end Jordan Sherit and tackle Joey Ivie, will play against the Bulldogs. Sherit underwent arthroscopic surgery three weeks ago while Ivie had surgery performed on his thumb the week before. Additionally, starting defensive end Bryan Cox has a chance to play despite his own thumb injury.
Thankfully, one of the more underrated in-state rivalries isn’t going away anytime soon.
BYU and Utah announced Thursday that the schools have reached an agreement on a two-game extension of their series. The Cougars will host the first game of the extension Sept. 11, 2021, in Provo while the Utes will return the favor Sept. 3 the following season in Salt Lake City.
The schools had previously agreed to games from 2017 through the 2020 season.
“BYU-Utah is one of the great college rivalries in the country. There’s a lot of history and tradition between the two schools and I’m glad we were able to extend the series through 2022,” said BYU athletic director Tom Holmoe in a statement. “I’ve loved this rivalry as a player, coach and administrator, and look forward to the future games.”
The teams have played 91 times since the series kicked off in 1922. The Utes hold a 56-31-4 advantage all-time, including a 20-19 win earlier this season.
When Derwin James went down with a torn meniscus in Week 2, Florida State had the Clemson game circled as a potential date for a return. Unfortunately for both the player and the team, that won’t be the case.
On his weekly call-in show Wednesday night, Jimbo Fisher confirmed that James and his surgically-repaired knee will not play in the Seminoles’ game this Saturday against the Tigers. There is still no timetable for the sophomore safety’s return.
“Hopefully Derwin will be back here soon,” the head coach said.
One thing apparently off the table is a redshirt for James as Fisher said if the defensive back can return at any point this season he will.
The Clemson game will mark the sixth straight missed by James. FSU will close out the regular season against North Carolina State (Nov. 5), Boston College (Nov. 11), Syracuse (Nov. 19) and Florida Nov. 26).
In less than two full games this season, James was credited with 11 tackles and also has an interception.
As a true freshman last season, James’ 91 tackles were second only to Reggie Northrup’s 94. He was also second on the team in tackles for loss (9.5) and sacks (4.5).
For that, he was named a consensus freshman All-American and third-team All-ACC. This offseason, he was named to the Bednarik Award, Nagurski Trophy and Thorpe Award watch lists, and is widely considered one of the most talented players on the defensive side of the ball in the country.