I shouldn’t respond to this post because I’m about 5 drinks into my Knobb Creek but I will. I’ll start by saying you are lucky we are are only af couple years away from the Scott Frost love fest or I’d call your original post and the follow up post the most ridiculous irrational post I’ve ever seen on this board.
You truthfully want to say that in 1906 the people who created the NCAA did it for the purpose of preventing players from paying players? It has never been about restricting players. It has ALWAYS been about creating a fair platform between the schools. What were they going to pay them in 1906? 15 cents an hour? Players didn’t care about that.
Laws matter? What laws? The Supreme Court only recently ruled on the interpretation of the law which quite frankly would not have happened 5-10 years prior so yes…..history does matter. In no way, shape or form should laws such as this be retroactive because society has evolved. Yes we no longer allow you to smoke in a restaurant. Do we go back and bastardize the people who created restaurants 100 years ago?
1. NO, I am not saying that. The NCAA was created to be a
football on field rules making body. That's it! It eventually evolved to run its first championship in 1921.
2. The best early college teams most certainly did pay players. One of the reasons Yale was so good is because Walter Camp spent money. Just to give one example, Tackle James Hogan got a stipend, an off campus apartment, a 10-day vacation in Cuba, and a monoply on the sale of American Tobacco Company products on campus. Unlike other coaches, Camp recruited players too.
3. In 1948, the NCAA created the "sanity code" to limit what it saw as corruption. The fact that some schools were paying players, buying cars, etc. The new rules allowed scholarships and awarding jobs based on financial need. (The new rules also did things like cement NCAA control of TV broadcasts.) In 1956 they eliminated the financial need aspect.
4. The "original system" established by Camp and other wealthy universities was entirely proper! The system established in 1948 and 1956 has always been illegal restraint of trade. It violates the Sherman Antitrust Act.
5. The NCAA has lost
every antitrust case filed against it since 1984!!! The only "new" thing is the willingness of plantiffs to file cases and judges to stop buying the NCAA's joke amaturism argument. The NCAA's original purpose was fine. It went "off the rails" because it got too large and smaller schools passed rules changes that would have been, and are, utterly rediculous and illegal in any other industry. There simply is not a legal way to create parity in college sports. That's why the NCAA didn't even try for over 40 years.
6. NIL didn't at all begin just a few years ago. It started with the O'Bannon (and Sam Keller) lawsuits over the NCAA Football and basketball video games, and other things like t-shirts, jerseys, etc. more than a decade ago. Everything has logically followed from that decision. The NCAA and member schools have had the opportunity to get ahead of this for years and years. They didn't choose to do so. Most of the lawyers on both sides of this issue knew it was a loser for the NCAA and schools, and advised them so. Most university leaders lack foresight and are justly paying for it.
*I forgot to include that the major reason the NCAA finally instituted rules in 1948 is because paying players, buying cars, etc. wasn't well known by the general public up until that point. After WW Ii there were "scandals" that made the press and exposed the NCAA and universities hypocrasy on amateur athletics. Those scandals also held potential tax implications. The NCAA and most schools are non-profit organizations.