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Steve Berkowitz-USA Today

Jul 2, 2014|

Steve joins Danforth, Dirt, & Sprague to talk about the O'Bannon lawsuit

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Automatically Generated Transcript (may not be 100% accurate)

Joining us now is Steve Berkowitz of USA today. He was in the courtroom had a lot of perspective on this steed was Steve -- and today I carry a -- have no right no complaints and also in terms of the of Manning case. -- -- listeners is kind of a quick recap of of how you think the trial went. You know it's really really technical talent in the -- the most part. The case seem to be going a lot in the way the pin and plaintiffs. Earlier on -- -- -- he -- their case first. Today and the early. Part of the case in terms of their witnesses and being control case they manipulate the witnesses on a lot of times it appeared on crops in the nation that it. The and it's lawyers it's been pretty well getting what they want it into the record. And then that the very very end of the trial there was a question and answer session. Are the producers the closings and closing arguments in the charger a lot of really interesting questions that he. Apprentice where you're gonna have to grapple with it and it took him written closing argument -- of the purse which -- in these final tonight. So I think it's. You know I think it's it's a little bit hard to say how this mega. What was the most intriguing question you thought the judge. Closed. Well the period the number of -- really technical legal questions. It has to do we -- Periods aspect of their -- club but part of -- -- sort of trying to have to figure out. In the antitrust context which you're dealing with you know sellers and buyers. You'd be. Level on which. Athletes her -- which he -- athletes in colleges who are the sellers and who are the buyers and in what ways nominates a very unusual. Situation in that there are level on which not yet -- -- -- buyers and sellers or buyers education. Pierce sellers of athletics -- president and vice Versa that the colleges and some level are selling education but they're buying the athlete services. Which is a period in usual setup in antitrust law. You're normally an anti -- situation you're talking about you know you are selling your toasters or paper clips. And that's not quite the way it works and not. It clear cut so it's a great it's an interesting. To walk question. Did you by the NCAA saying that the only way O'Bannon and you know Albanian side to improving antitrust is if the consumer the fans are harmed you buy that. You know I'm not sure that I by that I mean and certainly that the plaintiffs aren't between -- and it's picked out by a -- and argue. It to restraint. Now arms he actually it's and then you know and -- level which -- straight arms public. In the sense that. Particularly good video games where ED. Unity achieved. Legal officer that you it has not -- E. A. SPORTS. Testified that they that it would like -- -- -- game and not in college at the name and likeness and and because they can't have one. They're not -- publishing so that's a level which consumers are hurt. From happening college football video game although he NCAA argue -- lots of college beer games or there are lots let there be against people could play. And so yeah this is your seat leaking every every argument here at the counter argument I'm media to buy dot com and cent level. You would question whether it is indeed -- -- consumer harm. -- -- works between colleges and and that's. Steve Berkowitz is our guest of USA today he was in the court room. For the Ed O'Bannon -- in terms of kind of the magnitude. Of what it is resolved one way or another. But what was the magnitude of the decision how fundamental -- change are we talking about it discos and Albanians favor. If David were to go entirely independent state earned it ultimately kept a really really big change on Al teams that are -- -- and look currently and in the abandoned -- -- essentially seeking through. That's her injunction. The date the -- proposed are seeking to the pats. All limits removed -- what athletes who vehicle receipt. They would be able to get money. From a group. It comes from the money at schools get relaxed television. Sport video games and other forms of merchandising. Com and it would also be able potentially to make. -- kinds of deals. We -- Local you know locally interest to businesses are using in an Olympic model where athletes are able to hit to have. Personal forms of of the reverend gone you know in addition while while playing in -- not at their name image and like that to be different in what you've got. Right now working its very heavily regulated and capped by the NCAA. By the way into insurgent -- cook. The legal questions on -- indexes -- classic the classic example what. It each -- law school that you know when you have to expect to -- expecting -- -- argued the law hadn't yet in this instance. -- the -- duplicate at that particular law case in the plane and selective pretty -- fact is -- so what you're seeing this divide. Regardless of what lying is set I think most people would agree that did just having this back and forth dialogue between the NCAA in a former athlete in the athlete's side. Is the best thing going forward but at the NCAA can prevail out of this whole lawsuit. Do you think we still see significant changes from their money I we started to see that a little bit. But do you think they walk away and got a look at the years Aaron what do we really need to change here to help the athletes more. And I think that's happened I think that's gonna happen anyway yet I unit who were you were a number of people who testified and -- eight. Witnesses as president church -- Carolina. Among them. Who testified that that you would like to see in favor. Having the system under which college athletic scholarships. Do more than copper guest room board books tuition fees that they would cover. Fully the cost of attending college and that it would provide for votes -- a lifetime. Graduation. Expenses that are so that it happened people back to school and finished whenever. And with it it would be symmetrical coverage after they're done playing and things of that nature. I think that's. -- and it -- it's AT&T is government's restructuring. Goes the way it's being Asian by the schools in the bigger conferences. Think you're gonna see that happen. Based off the arguments that you've heard from both sides do you take away a possible best models solution here in terms of what you view from both both sides. -- -- So I'm not sure you mean by his best model that's the best models college athletics going forward in your opinion based on what you've heard. Well I'm an actor really relate to at all and I think that -- anybody. You know a bit. Yeah addict and many people would it. Kate she's in the athletes are entitled to more than what you're getting now. Not a question is how much more in what way -- at that -- it's really interesting in typical practical question as well about okay. But it is an athlete can be paid. -- appearing on my talent in the they're entitled to some of that do you set that up and you know you got passed a collective bargaining. You on behalf of players between certain players group. You know and conferences or individual schools or whatever so practical application in its. Get pretty interesting if you you know pretty UK okay well that's what had that happen. Ameliorated it some interesting questions that -- At the at the end of the -- -- to -- all of this conversation. Is resulting in schools being more eager to. Provide greater benefits for athletes and they're currently getting and you know while the athletes certainly get something that's tremendous value which is that situation. The demands of their time in an amateur -- -- which truly an education they're getting. It is interesting question. But I think more and more people. Europe to mind that athletes ought not to be taught not to be in a situation. Where they're paying. You. Could go to school in under cover expenses. Now while they're generating hundreds of millions of dollars. For the college's student union and you know that universities you know. Steve Berkowitz is our guest USA today he was in the courtroom for the title banning -- to based off of both sides and arguments he made if you were the judge in this case. May -- and everything you've heard over the course of the day that two weeks what would your decision would be where would you go with that. And TO -- you're gonna. Yeah it didn't. Because the league I am not a lawyer. And even people who I have interviewed cu Lar antitrust expert lawyers are having a hard time. Grappling with tests so it's very difficult for me be able to eight years and years and I think projected in that -- workers -- to -- shouldn't you know. But this could be you know. It just doesn't it it would be trapped the state. I'm I'm sorry I. As a professional sidesteps the title run I admire that it. Can't. Legitimately April. It what would be a reason. And to answer a question that oh that's there that's a lawyer answer like that. It atop the tough call here we -- the timeframe on this in terms of win the Jerusalem and. Yeah I think -- some judges has dropped hints that she you'll likely issue a ruling sometime in the first week August. And that's firm pariah -- reasons including two reasons not related to trying to move court which is settlements that were created. Pretty. Yeah video game part while these very complaint that had been going on. I'm so you know acting it -- that hasn't -- do it it also imagine that the church is also irked some time off in the summer time. Yeah you're absolutely Steve Berkowitz. He is on Twitter at by Berkowitz it's BY and then Berkowitz the ERK. Ol WI AT easy. Was in great perspective on Ed O'Bannon he was there for the last couple weeks. IndyCar -- in Steve great stuff we appreciated and Dow made -- get so wrapped up -- -- back on to explain some of the decisions. Happy you do or not that's. Appreciate yet I -- on.

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