CBS’ Move to Name Collegians Could Draw NCAA Ire
Thursday, July 31st, 2008News spread quickly this week that CBS Sports would begin including the names of college football players in its online fantasy game that has been running since 2005. The change will no doubt be welcomed by fantasy players, who can only get so attached to “New Mexico QB” and “Central Michigan WR.” According to The Chronicle of Higher Education, however, using names might be in violation of NCAA spirit, as well as rules.
The Chronicle’s Thursday-morning article includes this quote from Amy P. Perko, executive director of the Knight Commission on Intercollegiate Athletics: “Based on what I’ve read about the league itself and what I’ve seen on the [CBS Sports] Web site, I think it’s clear that the CBS program is in violation of [the NCAA's] amateurism rules.”
The controversy harkens back to an issue from last fall, when a proposal sought to broaden the manner in which institutions could present athletes in promotional and advertising campaigns. That proposed amendment to NCAA rules spurred creation of a committee to study the issue. That group will meet in August, and the amendment has been tabled until such review can be completed.
In this case, however, CBS points out that the fantasy game is free and that no prize money is awarded. The company also points to the conclusion reached in a court case we’re all quite familiar with, MLBAM v. CDM, as proof that it can draw from stats and names that exist in the public realm. The difference, of course, is that the athletes represented in the CDM case are professionals. Perko says the NCAA needs to take care of its players.
“The NCAA exists to protect the integrity of its rules and to protect student-athletes from being exploited,” she told The Chronicle. “It has a responsibility to make sure that its rules are followed for the benefit of the individual athletes.”
The NCAA, however, recently offered an interpretation of its amateurism rules that would make players ineligible if their names come up in fantasy games. To retain their eligibility, players would have to contact the fantasy provider(s) to get their names removed, according to the NCAA. The governing body has notified CBS that it’s move could jeopardize the eligibility of athletes.
The NCAA’s stipulation strikes me as absurd. Sites such as U-Sports.com and PreProSports.com have long been providing fantasy college games that use player names. The issue is only now coming to the forefront because one of the big boys has jumped in.
Further complicating the matter is that this particular big boy also happens to be a primary NCAA business partner, one that pays the NCAA $500 million a year for broadcast rights to the men’s basketball tournament.
There are any number of points by which a person can challenge the true “amateurism” of college sports these days. In the end, the use of player names in CBS’ college fantasy games — as well as those likely to follow from other major fantasy-game providers — seems likely to stand as legal, even if it makes some people uncomfortable. The NCAA, though, will address the issue at its meeting on Wednesday.
Although fantasy college football is still relatively new to the marketplace, the research presented by Ipsos at the FSTA’s summer business conference in early July found that it carries about the same share of the market as golf and hockey. Among the 594 fantasy participants surveyed (in the second phase of the study), 12 percent play college football — ranking just behind hockey’s 14 percent and golf’s 13 percent. Factor in the roughly 4 percentage-point margin of error, and the results could be even closer.