2026 recruiting

[snydrosooner]

Appreciate the input and perspective.

But as someone who works with appraised values, wouldn't you agree that the market value (which is what fair value is) of what a buyer and seller agree to pay isn't always equal to appraised value? No one is arguing that Delliote and Touche, or any accountant, will have a process to determine a value. But how does that apply to the market value of a name, image, and likeness? And how can you determine a "fair value" from an appraised value on an athlete? The market for a QB at OU is going to be different than the market value for a QB at Boise State. It's not like you can put a slot value for a QB based on "comps" as the variance will be great and wouldn't hold up in court.

IMO, people need to quit looking at this NIL and how stupid the values are and thinking rules & courts will fix it. They can fix the contract or fixed values. But like pro athletes, CBAs, player unions, etc, do not control the endorsement deals. College athletes will win in the courts. Name, image, & likeness is not unlike endorsement deals.

But these companies already do this with Hollywood for actors for movies, commercials, and pro athletes contracts. These are all accepted processes. Agree it’s never perfect, but there is a reason actors around same experience and draw get similar money for jobs.

It may not work out the same or at all, but similar valuation methods are already being used.

 

[MJSooner]

But these companies already do this with Hollywood for actors for movies, commercials, and pro athletes contracts. These are all accepted processes. Agree it’s never perfect, but there is a reason actors around same experience and draw get similar money for jobs.

It may not work out the same or at all, but similar valuation methods are already being used.

You mentioned a keyword- contracts or agreements for services, or performance. Most actors have unions, and that figure or value is the basis for contracts or contract values. And those don't have anything to do with what the actor makes for appearances, autographs, commercials, image on a cereal box, or a figurine. Those are endorsements based on the actor and their name, image, and likeness. NIL is specifically not a contract for services or performance. And that has been set by SCOTUS

NIL is not a "contract" per se... more like an endorsement deal. That is the point I'm making. Hard to regulate a non-unionized, non-CBA endorsement marketing deal based on who someone is, which is what NIL is. At least on paper, in the legal sense of the word.

 

[jdizzle34]

Yes they do. It's not an exact number, but a logical range. They have the ability to look at what other people are getting paid. Find a comp. Find 2 comps. Find a dozen comps. It's pretty easy to see when somebody is just sending money and faking the transaction part. Right? We've all seen, heard about, and discussed NIL deals or money changing hands and said "no way that is anything other than somebody buying a player."

That is what D&T is there to stop, the clearly obvious, fake transaction deals.

The "it's worth what somebody is willing to pay" argument goes out the window since we're trying to steer clear of players simply being bought. A donor/booster doesn't get to just make up a number because they want to buy a kid. And no fan should want that to be acceptable. I'm not saying there aren't still going to be work arounds. I'm not saying things might not go back to boosters simply providing benefits in dark alleys. To the point they are trying to keep things on the up and up, it's pretty easy to know what is fair and what is not. Will something needs to change legal-wise down the road? Maybe. I've hated the idea of players unionizing in the past, but I know see that them doing so and agreeing to collective bargaining MAY be the best path forward. It's such a nuanced thing b/c unlike the NFL (for example), the different conferences and different levels of college football all operate a little differently already. And there is so much history in terms of being able to re-organize conferences and how the sport is played off the field.

But enough people that matter are sick of the money grab and pay to play that I think you'll see some version of what is going on now, stick. It's been here 6 weeks and there hasn't been a lawsuit filed that I'm aware of. I haven't seen any players crying publicly about having deals turned down by the Clearinghouse. D&T isn't going to be unfair about things. They literally audit fair value for a living. That's what they do. So I will never agree that a general fair value cannot be determined for most of these deals.

They "do" according to the settlement, which was not collectively bargained, and is a limitation on the student-athletes (not employees yet). It will be struck down just like all other recent NCAA cases, likely 9-0. Limitation without bargaining is collusion, which is *checks notes* illegal.

 

[snydrosooner]

You mentioned a keyword- contracts or agreements for services, or performance. Most actors have unions, and that figure or value is the basis for contracts or contract values. And those don't have anything to do with what the actor makes for appearances, autographs, commercials, image on a cereal box, or a figurine. Those are endorsements based on the actor and their name, image, and likeness. NIL is specifically not a contract for services or performance. And that has been set by SCOTUS

NIL is not a "contract" per se... more like an endorsement deal. That is the point I'm making. Hard to regulate a non-unionized, non-CBA endorsement marketing deal based on who someone is, which is what NIL is. At least on paper, in the legal sense of the word.

I get your point on nil for college. If no contract signed it may be different. But George Clooney is not doing his nil without a contract or research into what he should be paid. Heck William shatter signed a contract to come to Oklahoma comic con. NIL in every other situation is generally a signed contract. But yes, that got messed up for college sports.

 

[BoulderSooner]

They will absolutely audit the $500.

How much does Pat Mahomes get for signing a football? $400? Pretty tough to suggest Mateer should get $500.

But I don't have a big problem with something like this, as long as it's borderline reasonable. If Mateer wants to take the time to sign 1,000 footballs that will then be out on the market for sale or given away, that's a lot better than handing Mateer that money for nothing or paying him to show up and speak at an event he doesn't show up and speak at. At least there is something tangible and transaction like in your example, even if I disagree with the dollar amount. My guess is your $500 is a little high and wouldn't hold up, but lower it to $100, maybe that's a deal.

the collective doesn't have to sell them right away .. or really ever how they run their business is not part of the review .. (they could hold them for some future sale ) ..

and again .. if i want to pay an ou player 100k come to speak at a conf for my company and it get rejected my company would sue the clearing house and 100% would win ..

 

[BoulderSooner]

The "it's worth what somebody is willing to pay" argument goes out the window since we're trying to steer clear of players simply being bought.

no it doesn't that is what market value is ..


there is no CBA and no anti trust exemption they will get KILLED in court

 

[BoulderSooner]

As someone who works in appraisal industry, there will be a range set. It will be adjusted yearly and always outliers for someone like Travis hunter. Remember these companies or persons offering the money will also get audited especially if public.

and none of that range will hold up .... just like if me and you want to buy the same house for cash and bid against eachother .. we can pay 10x the appraisal if we want to and that is not blocked in court .. it would just be the value of the house in the market ..

 

[BoulderSooner]

If mulitple people are putting an offer on a house and the top bid is $500k but someone comes in and is tired of the process and has buttloads of money and offers $700k, the house doesn't all of a sudden be worth $700k on the market and surrounding houses are not going to increase in value just from one person overpaying because of their individual desire and circumstances.

this is not what we are talking about ... if 2 people both bid 700k that is the value of the house on the market .. at that time ... because that is what you would have to pay to buy it ..

 

[BoulderSooner]

But these companies already do this with Hollywood for actors for movies, commercials, and pro athletes contracts. These are all accepted processes. Agree it’s never perfect, but there is a reason actors around same experience and draw get similar money for jobs.

It may not work out the same or at all, but similar valuation methods are already being used.

those are employees .. and they have unions .. the ncaa and the conf say athlete are not employees and the don't have a union ..

 

[BoulderSooner]

They "do" according to the settlement, which was not collectively bargained, and is a limitation on the student-athletes (not employees yet). It will be struck down just like all other recent NCAA cases, likely 9-0. Limitation without bargaining is collusion, which is *checks notes* illegal.

yep

a company that wants to pay an athlete is not party to the settlement ... and the athlete is only kind of party to the settlement (it was mostly about past NIL pay) ..

the judge that approved the settlement said on record in court and it here acceptance order that she had doubt the go forward would hold up in future court preceding's and the conf and the ncaa agree that they need congressional legislation to make the go foward part of the settlement work ..

 

[SoonerBounce13]

You mentioned a keyword- contracts or agreements for services, or performance. Most actors have unions, and that figure or value is the basis for contracts or contract values. And those don't have anything to do with what the actor makes for appearances, autographs, commercials, image on a cereal box, or a figurine. Those are endorsements based on the actor and their name, image, and likeness. NIL is specifically not a contract for services or performance. And that has been set by SCOTUS

NIL is not a "contract" per se... more like an endorsement deal. That is the point I'm making. Hard to regulate a non-unionized, non-CBA endorsement marketing deal based on who someone is, which is what NIL is. At least on paper, in the legal sense of the word.

You don't think NIL is a contract? Really?

Hell, we all have to accept contracts all the time by scrolling on the phone and clicking a button.

The NIL agreements are contracts

 

[SoonerBounce13]

and none of that range will hold up .... just like if me and you want to buy the same house for cash and bid against eachother .. we can pay 10x the appraisal if we want to and that is not blocked in court .. it would just be the value of the house in the market ..

Correct...it would be the value of THAT house in the market.
Not the market value of the house

 

[SoonerBounce13]

this is not what we are talking about ... if 2 people both bid 700k that is the value of the house on the market .. at that time ... because that is what you would have to pay to buy it ..

And again, that isn't market value.

I know you think you know everything on every subject boulder (and especially like to flex on NIL for some reason), but you don't

 

[BoulderSooner]

And again, that isn't market value.

I know you think you know everything on every subject boulder (and especially like to flex on NIL for some reason), but you don't

have you read the court proceedings ?? the judge in the settlement has massive doubts the any NIL restriction is legal .. (she also doubt the rev share cap would hold up in court and i doubt it would as well) ...

and the confs themselves don't think it the settlement works going forward without congressional legislation .. (which is why they are lobbying so hard)

 

[MJSooner]

You don't think NIL is a contract? Really?

Hell, we all have to accept contracts all the time by scrolling on the phone and clicking a button.

The NIL agreements are contracts

I never stated NIL is not a contract.

Legally, NIL is a contract for Name, Image, and Likeness. It is basically a contract for an endorsement.

It is NOT a contract for services or performance. Not only is that in the NCAA bylaws, it was also suggested in the SCOTUS ruling, and specifically in the House Settlement.

 

[cmdsooner]

Now back to our regularly scheduled NIL legal discussion.

 

[MJSooner]

Now back to our regularly scheduled NIL legal discussion.

Said it before and bears repeating...

We can all debate Moser's ability to manage a game, substitutions, develop players, and draw up an inbounds play. All legitimate gripes.

But man, no one can argue his ability to sell his energy, vision, and OU to HS recruits and families. He's been in on more quality top 75 recruits and position needs than anybody I remember since Billy. More visits than any coach I recall. Even with the disadvantages he has compared to some of the other schools he is continually up against.

Hopefully, we can see the same kind of support ($$) from admin and BMDs that we saw in the transfer portal to land a couple this signing period