That's a fair point, persnickety or not. And I appreciate you educating me about it.Forgive me for being a persnickety lawyer, but there never was an NIL decision. The Supreme Court in the Alston case upheld a district court decision saying that the NCAA rules limiting the educational benefits that schools could offer athletes was an unreasonable restraint on trade and so was a violation of the federal antitrust laws. The issue of whether the NCAA's rules forbidding NIL are an antitrust violation has not been fully litigated. Rather, the NCAA dropped most of its restrictions on NIL after Alston. It figured, apparently, that it would lose in court. In addition, there were already states allowing NIL and those state laws would stay in place even if the NCAA convinced the federal courts that its NIL rules didn't violate the antitrust laws.
As for the whining . .. change is hard for all of us.
But I think it's also probably moot because, as you said, the NCAA seems to have concluded, apparently along with all the schools involved so far, that any further litigation would almost certainly fail to limit, and might expand, the players' ability to earn money from their participation in college sports.
Because it's hard to see how, if fully litigated, the courts could decide that college athletes can be prevented from seeking compensation for the use of their own name and likeness. At least not while others (non-college athletes) are permitted to do so, or while other entities besides college athletes can do so leveraging those same college athletes.
I *could* see schools and NCAA trying to figure out some way to force all students at all schools to kick some of their income back to the schools and NCAA. The argument being that, without the schools, the athlete wouldn't have that income source. No school could do it on it's own without risking losing the best athletes to schools that don't do it. Maybe it could be done legislatively though, requiring it for all schools. I really have no idea.
Students can go out and earn money all they want while in college. But those who participate in research projects can be prohibited, through NDAs and the like, from independently profiting directly from intellectual property owned by the schools, or even indirectly based on that IP.
But I don't really see that as analogous enough to the athletes' situations. Perhaps it is and I'm just not seeing it.
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