by Marc Isenberg
NFL fantasy has been a big deal for several years. But college football fantasy has lagged, not because there isn't any interest, but because fantasy sports is seemingly at odds with NCAA bylaws covering both gambling and the marketing of amateur athletes. While the NFL and many other pro leagues partnered with sites offering fantasy sports, the NCAA has steered clear.
In June the Supreme Court refused to review the 8th Circuit's holding in CDM Fantasy Sports Corp. v. Major League Baseball Advanced Media (MLBAM) that the First Amendment rights of a fantasy league operator to publish news and statistics outweigh MLBAM and players' state law rights of publicity to their names.
(Back to plain English after the jump.)
This means that leagues cannot control what outside entities do with or charge for player statistics. It was inevitable that a company would use this legal precedent to offer fantasy college football with or without the NCAA's participation. While fantasy sports has become a boon for professional sports leagues interested in exploiting market opportunities, fantasy sports seem to violate the NCAA's lofty ideals. Worse, they are in direct conflict with the NCAA's official position on sports wagering:
Sports wagering has the potential to undermine the integrity of sports contests, and jeopardizes the welfare of student-athletes and the intercollegiate athletics community. Sports wagering demeans the competition and competitors alike by a message that is contrary to the purposes and meaning of "sport."
"It's just another way for somebody to make a dollar. And it doesn't bother me personally that they're going be using my name or anyone else's name necessarily but at the same time I do see people's problem with it — that we are amateur athletes and we're not getting paid for doing what we're doing other than our scholarships."
"Everybody makes money off college athletes. The university, all that Nike and Reebok stuff. Under Armour. Everybody makes money off the college athletes, except the college athletes."
Do you think the NCAA should take a stand against CBS or not? Let us know.
Despite the fact that Marc does not always agree with the NCAA, he is on the NCAA's list of approved speakers and available to speak to college athletes on gambling, agents and the business of sports.
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