Who am I rooting for in this potentially monumental clash? Much though it pains me, the NCAA.
California’s legislation, which is likely to be signed by Governor Gavin Newsom (D), is intended to allow college athletes to benefit from their name, image, or likeness being used by others for profit. You may be familiar with the O’Bannon case, a lawsuit brought by former UCLA basketball star Ed O’ Bannon against the NCAA, video game maker Electronic Arts (EA), and the Collegiate Licensing Company (CLC). O’Bannon and other athletes sought compensation for the use of their likenesses, including in E’s NCAA College Basketball series. EA and CLC settled with the plaintiffs, and the NCAA lost in court at first, but prevailed against non‐educational compensation on appeal. The U.S. Supreme Court refused to hear the case, letting the no‐compensation rule remain.