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YOUR BALANCE
FSU closer to negotiating settlement with ACC?
Tiger Boards - Clemson Football
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FSU closer to negotiating settlement with ACC?

14

Feb 21, 2024, 9:28 AM
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Some guy Danny Kanell and Dusty Dvoracek were interviewing this morning on SiriusXM radio said the ACC and FSU could be getting closer to a settlement. He threw out an amount in the $200M range.

I only heard the tail end of the interview. Anybody else catch this?

bretfsu® what are you hearing out of your camp?

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Aspiring member of the TigerNet Sewer Dwellers


Geez, who's paying who again....?***

1
7

Feb 21, 2024, 9:37 AM
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Hey bob - could you possibly be ANY more

6

Feb 21, 2024, 9:39 AM
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vague ?


Let us know - Thank you.

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Brad Brownell: Only Larry freaking Shyatt has a WORSE overall winning percentage among Clemson basketball coaches since 1975. Let that sink in. It's Larry Shyatt & then Brad Brownell.


Vague is my middle name***

9

Feb 21, 2024, 9:40 AM
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Aspiring member of the TigerNet Sewer Dwellers


I had no idea you were Scandinavian.***

6

Feb 21, 2024, 9:47 AM
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Brad Brownell: Only Larry freaking Shyatt has a WORSE overall winning percentage among Clemson basketball coaches since 1975. Let that sink in. It's Larry Shyatt & then Brad Brownell.


Check your birth certificate.

4

Feb 21, 2024, 10:22 AM [ in reply to Vague is my middle name*** ]
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That's 'Vangie'.

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"When I die, I want to go peacefully like my Grandfather did, in his sleep -- not screaming, like the passengers in his car."

"I don't suffer from insanity. I enjoy every minute of it."


I'm slowly gathering information on you. So now I know

7

Feb 21, 2024, 10:32 AM [ in reply to Vague is my middle name*** ]
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Bob Vague. Be careful, once I get your last name I'm doxxing you.

PS: I'm not really sure what that means and I hope it's not seckshual.

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I assure you - with bob - it is. It most certainly is. Good Luck.***

3

Feb 21, 2024, 12:59 PM
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Brad Brownell: Only Larry freaking Shyatt has a WORSE overall winning percentage among Clemson basketball coaches since 1975. Let that sink in. It's Larry Shyatt & then Brad Brownell.


Re: Vague is my middle name***

4

Feb 21, 2024, 11:08 AM [ in reply to Vague is my middle name*** ]
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It's pronounced "Vahhhggg-yoooo"

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Re: Vague is my middle name***

3

Feb 21, 2024, 12:24 PM [ in reply to Vague is my middle name*** ]
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My Vague-dar just alerted me.

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"If a pig had a better personality, he would cease to be a filthy animal."


Re: FSU closer to negotiating settlement with ACC?

6

Feb 21, 2024, 9:47 AM
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I have heard nothing. But I have some experience with law suits and settlements. A law suit can always be settled and the majority are. This one will be settled and the amount of 200 million sounds about right. FSU has the power of the Florida AG on their side and when they added Swofford and his back door dealings to the law suit, that pretty much insured a settlement. Smart move by FSU.

I don't see Clemson getting involved and may get left behind. Clemson BOT is too timid. Always have been. Clemson is not proactive. They are reactive. When it comes to lawsuits, you have to be very aggressive. Timidity gets you nowhere.

If you ever want to file a lawsuit, hire a bulldog that will go for the throat and takes no prisoners and no holds barred.

Speaking from experience.

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Re: FSU closer to negotiating settlement with ACC?

4

Feb 21, 2024, 9:53 AM
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I'm not law expert by any means but if FSU and ACC settle wouldn't that pave the way for other teams to follow in FSU footsteps? FSU doing the heavy lifting..

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Re: FSU closer to negotiating settlement with ACC?

6

Feb 21, 2024, 10:01 AM
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Not necessarily. The terms of the settlement and the reasons may be sealed as part of the settlement terms the ACC wants and may get. If terms sealed, other schools would pretty much have to start from scratch if they don't join lawsuit prior to settlement, and it looks like no one else is joining suit which I think is a mistake for Clemson if they want to leave the ACC. I'm not convinced that Clemson wants to leave. But that is just speculation on what Clemson has publicly said and done which is pretty much nothing.

By the way, FSU could care less about what Clemson or any other ACC team does. FSU is looking out for FSU, which is what they should be focused on doing. FSU is gone from the ACC. Take it to the bank.


Message was edited by: junk yard tiger®


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Re: FSU closer to negotiating settlement with ACC?

5

Feb 21, 2024, 10:16 AM
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I tend to agree. Most of the reports have been we do our work behind the scenes, but unless we are part of negotiations with fsu, then we are missing the boat by not filing a suit prior to their settlement.

The public nature of filing a suit adds significant leverage to any negotiation.

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Re: FSU closer to negotiating settlement with ACC?

3

Feb 21, 2024, 10:39 AM [ in reply to Re: FSU closer to negotiating settlement with ACC? ]
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I guess I struggle to understand why ACC would settle with FSU and not settle with subsequent lawsuits that raise the same claims? Clemson or any other school would use identical language to that used by FSU right? and the point being the ACC settling means they want to ensure the exit fee isn't $0 in case they lose the lawsuits

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Re: FSU closer to negotiating settlement with ACC?


Feb 22, 2024, 1:17 PM [ in reply to Re: FSU closer to negotiating settlement with ACC? ]
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About the secret terms of a settlement between the ACC and FSU........

It is hard for me to imagine how every team in the ACC would not easily determine the amount of the settlement. The ACC office does not get to keep an extra $200M in a Swiss bank account. Certainly each member institution will be aware of how much money comes into the league and where it goes. It seems clear to me the league has paid a price for the secrecy involved in the grant of rights. Surely the league members will want to make sure such foolishness does not remain the norm.

I think it has been made clear that FSU is a public institution and cannot write a check for $200M without the amount and destination of the money becoming a matter of public record.

Go Tigers!!

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Re: FSU closer to negotiating settlement with ACC?


Feb 22, 2024, 6:15 PM [ in reply to Re: FSU closer to negotiating settlement with ACC? ]
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FSU couldn't lift a quarantine on a syphilis clinic!

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Re: FSU closer to negotiating settlement with ACC?

4

Feb 21, 2024, 9:55 AM [ in reply to Re: FSU closer to negotiating settlement with ACC? ]
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I also think ACC showed their hand by adding those 4 schools recently. In my mind they added those teams to ensure the conference doesn't implode (pac 12) WHEN schools start leaving the conference. I don't think it makes sense to add those teams unless you anticipate some detractions. thanks

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Re: FSU closer to negotiating settlement with ACC?

1

Feb 21, 2024, 12:29 PM
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Who was the 4th team? Cal, Stanford, and SMU. Who else? I may have missed something.

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"If a pig had a better personality, he would cease to be a filthy animal."


Starting to fear we might get left behind


Feb 21, 2024, 4:55 PM [ in reply to Re: FSU closer to negotiating settlement with ACC? ]
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Hood, Williams and Clemson beat guys were talking in May as if it was just a matter if months before something broke for us. Now, dead silence and starting to hear that we may get left behind. Nothing coming from their "insiders"at this point.

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Re: FSU closer to negotiating settlement with ACC?

2

Feb 21, 2024, 12:16 PM [ in reply to Re: FSU closer to negotiating settlement with ACC? ]
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FSU filed the lawsuit because they have a home to land in. Clemson does not; that’s why Clemson is not a part of this lawsuit.

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Re: FSU closer to negotiating settlement with ACC?


Feb 22, 2024, 2:49 AM
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Clemson will have a home once they make themselves available. Clemson has not signed into the lawsuit because one of the main points of contention with the FSU’s lawsuit is venue, and if Clemson signs on, that’ll take it out of Florida. Secondly, Clemson will not sign on because on of FSU’s main arguments is based on Florida law. While SC has similar laws, they’re not the same, and our lawsuit will need to be different. I have no inside knowledge, but there’s also the possibility that the 3 hold out schools (FSU, Clemson, UNC) are going to present different arguments, but will not fire all bullets at once, but rather in succession if needed depending on the outcomes of the prior cases.

Another potential wrinkle to the whole case is it appears ND, the B1G and NBC/Fox are working on a deal similar to their ACC deal to move all Olympic sports to the B1G and have a football scheduling deal. If that happens, the likelihood that the current ACC/ESPN deal gets extended in 2027 decrease dramatically, making it more likely Clemson and others leave.

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Re: FSU closer to negotiating settlement with ACC?

1

Feb 21, 2024, 1:38 PM [ in reply to Re: FSU closer to negotiating settlement with ACC? ]
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Very true. Or do things that leave the other side questioning what you will do next. Be as unpredictable as possible. We fear what we don’t know. Or what we can’t anticipate. My wife is an attorney. She does medical malpractice defense and has seen all kinds of plaintiffs attorneys. Don’t worry. My wife is one of the good ones and has a strong sense of right and wrong.

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If we get left behind, all of the BOTs and


Feb 21, 2024, 4:50 PM [ in reply to Re: FSU closer to negotiating settlement with ACC? ]
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Administrators should be thrown out on their #####. If we could get out for $200 million, with a place to land, and they don't pursue it, they should be dismissed. This is too important for the future. Making $35 million more in a power 2 conference would pay for $200 million in roughly 7 years.

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Re: FSU closer to negotiating settlement with ACC?


Feb 22, 2024, 4:00 PM [ in reply to Re: FSU closer to negotiating settlement with ACC? ]
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Just my opinion but Clemson is better just letting FSU rot in the toilet they stuck their head in...they agreed to all of this and the Florida AG knows contract law...I hope FSU gets s*r*we'd to the wall...are you so biased to want everyone else in the ACC to suffer so your buddies as FSU can get more money than everyone else...they played coaching carousel, covid remorse, let's buy players cut scholarships and everything else that's wrong with college football! I would rather see CCC play Duke, Wake, Tar Holes, and Syracuse than a bunch of self absorbed scumlike FSU...hope you get satisfied!

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Re: FSU closer to negotiating settlement with ACC?

2

Feb 21, 2024, 10:45 AM
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I still don’t get where FSU plans to actually go? The SEC won’t take them, and idk how they’d really manage as a solo entity.

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Re: FSU closer to negotiating settlement with ACC?

5

Feb 21, 2024, 10:56 AM
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You can bet the SEC has already promised them a spot. That is where FSU wants to be and will be there. FSU is not doing all this and willing to pay millions in a settlement w/o knowing where they will land.

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Re: FSU closer to negotiating settlement with ACC?

3

Feb 21, 2024, 10:57 AM [ in reply to Re: FSU closer to negotiating settlement with ACC? ]
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I still don’t get where FSU plans to actually go? The SEC won’t take them, and idk how they’d really manage as a solo entity.





Link?

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Everybody is just guessing on figures.

2

Feb 21, 2024, 10:46 AM
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100M, 200M, 300M - Nobody knows.

Danny Kannell was an extremely successful QB at FSU during the 90s. He was one of the guys after Charlie Ward and before Chris Weinke. Played for a few years with the Giants in NFL but was never really successful. Was an up and comer on espn. (Did the afternoon talk radio show with Ryan Rusillo after Van Pelt left.) When they had cutbacks 10 or so years ago, they cut Kannell.

Nice guy. Rational. I didn't hear the podcast, but Kannell isn't just a talking head looking for clicks.

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Re: FSU closer to negotiating settlement with ACC?

4

Feb 21, 2024, 10:52 AM
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That 200 million should go to bonuses for the ACC administration for the outstanding job they are doing for our conference! ;)

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Re: FSU closer to negotiating settlement with ACC?

3

Feb 21, 2024, 11:00 AM
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Yes the ACC is that stupid. The ACC and its clown leadership still holding out for Notre Dame to join in football too.

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If they have $200m for a buyout, why are they crying poverty?

3

Feb 21, 2024, 10:55 AM
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I'd laugh if they agree to this, then college sports blew up in 3 years.

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Re: FSU closer to negotiating settlement with ACC?

1
3

Feb 21, 2024, 11:05 AM
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The latest filling the ACC has last well mentioned they are will to come to an agreement. I think FSU will have one more ACC season. I hope Clemson isn’t far behind.

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Re: FSU closer to negotiating settlement with ACC?

2

Feb 21, 2024, 11:40 AM
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Everyone down here thinks FSU will be in with us.

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Pigs of the 'tail end'?

4

Feb 21, 2024, 12:11 PM
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.

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Why do dogs always race to the door when the doorbell rings? It's almost never for them.


Can't find the article now, but I read one in the last week that said

2

Feb 21, 2024, 12:50 PM
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a "source" overhead an anonymous board member toss out a hypothetical number that FSU could live with, in the $150M-200M range; I am sure that was what they were commenting on.

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I'm not an attorney but I would think...

2

Feb 21, 2024, 12:53 PM
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at this stage, in what has the potential to be a protracted case, without any type of discovery, document production, or depositions taken, settlement negotiations would be unlikely.

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Sometimes good things fall apart so better things can fall together.


Re: FSU closer to negotiating settlement with ACC?

1

Feb 21, 2024, 12:57 PM
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All of the talk about settlement is highly speculative. Sorry, but the ACC's case is strong, and it is Litigation 101 that you never settle -- especially early on -- when liability is clear and you have a defendant who can't escape paying.

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Nice first post...

3

Feb 21, 2024, 1:12 PM
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coot

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Aspiring member of the TigerNet Sewer Dwellers


Re: FSU closer to negotiating settlement with ACC?

1

Feb 21, 2024, 1:24 PM [ in reply to Re: FSU closer to negotiating settlement with ACC? ]
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Correct. Settle early and any nearby sharks will smell the blood in the water.

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Re: FSU closer to negotiating settlement with ACC?

1

Feb 21, 2024, 3:07 PM
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If the settlement is sealed, there's nothing to smell.

Trust me, this is going to be settled. With the addition of new members to ACC, the original contract has been tainted. Plus, you can bet that FSU has hired a team of private investigators that are uncovering every rock Swofford ever hid under and the dirt will kill the ACC brand if revealed. The ACC does not want the publicity and neither does ESPN. If you are the ACC, you settle with FSU, have the settlement sealed by court order, and you move on. You do this before other schools decide to join the law suit and the ACC ends up in several different state courts.

Depending on what FSU uncovers, they may ask for punitive damages or seek criminal prosecution of some folks and some folks at ESPN. I'm telling you, FSU is not taking any prisoners. Defense Lawyers do not like dealing with the unknown and taking chances.

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Re: FSU closer to negotiating settlement with ACC?


Feb 21, 2024, 5:53 PM
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Do you have any idea how many problems there are with FSU's case? Here are a couple.

1. Let's start with how FSU signed the GOR, not once but twice. This is hard to overcome absent a recognized contract defense, but . . .

2. FSU has asserted no meaningful contract defenses. It reaches for the "frustration of purpose" defense, but in FSU's eyes that essentially means that unless FSU receives the highest amount of media rights distribution available anywhere in the country, the commercial purpose of the (ACC) is frustrated. The logic of that is absurd.

3. The Swofford allegations are from 2008. The ESPN-ACC deal and the ESPN-Raycom deals were signed in 2010. The GORs were signed in 2013 and 2016. FSU waited until 2023 to voice any grievance and didn't even file suit until December 22, 2023. There is this little thing called the "Statute of Limitations" that FSU has a problem with.

4. The Swofford allegations are a big nothing burger, as someone here previously said. It's based on conjecture and nothing internal to FSU. Even if they were somehow relevant, and it's not, those allegations are literally 16 years old.

The ACC has ZERO incentive to settle and especially settle now. FSU's case in Florida is likely to get bounced soon on the ACC's dismissal motion. If not, the ACC will definitely get summary judgment. FSU's case is awful.

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Re: FSU closer to negotiating settlement with ACC?


Feb 21, 2024, 6:42 PM
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There are no statue of limitations in this case since the contract is still current and FSU is still a party to the contract.

This case will be settled in FSU's favor.

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Re: FSU closer to negotiating settlement with ACC?


Feb 21, 2024, 7:07 PM
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I suppose all the other points about FSU signing the contracts and lacking contract defenses are irrelevant.

You you are dead wrong. FSU had four years under Florida law and three years under NC law to bring suit. There is absolutely nothing in the law that stands for the proposition that an ongoing contract allows retroactive challenge or extension of the SOL. (Have you gone back to challenge a contract's terms that were made in 2016 because you don't like the ongoing nature of that contract? I doubt it.)

In fact, FSU's ongoing participation in the contract by accepting the money from it bars it from challenging it on the feckless grounds it is now asserting. FSU's case has ZERO chance of success and is a complete waste of time and money. The only ones who win on FSU's team is its lawyers. FSU's case in Florida will be at least stayed and probably dismissed. It is that bad.

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Re: FSU closer to negotiating settlement with ACC?


Feb 21, 2024, 8:05 PM
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As long as you are still bound by a contract, there is no time limit on filing a law suit, esp. If you are claiming fiduciary malfeasance.
The ACC WILL SETTLE THIS CASE.

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Re: FSU closer to negotiating settlement with ACC?


Feb 21, 2024, 8:52 PM
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Your response goes beyond reasonable or even optimistic speculation and has nothing to do with what is true or what is legal. Asserting "no time limit on filing a lawsuit" because a contract is "ongoing" means that you or I can challenge almost any contract, provided that we can fathom that the resulting consequences and our displeasure of signing that contract are "ongoing." It's a pretty ridiculous assertion.

Following your daisy chain, I suppose that it makes sense to you that legal exposure should be indefinite, and that one can challenge an informed agreement at any time for any reason as long as it is "ongoing," which you never define. Your comments here are highly misleading and demonstrate a profound misunderstanding of basic legal concepts or the actual issues at the heart of the ACC-FSU dispute.

Furthermore, conflating the contractual dynamics of the ACC and its member institutions with fiduciary malfeasance is a misapplication of legal terms. What here do you exactly -- as in "with precision" -- mean? What exactly do you understand arises from the term of "fiduciary"?

The idea that this case heavily favors FSU or an early settlement demonstrates wishful thinking and has nothing to do with the actual merits of FSU's case or the law that is going to resolve this dispute. If you are going to spout off and be so certain, back it up.

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Re: FSU closer to negotiating settlement with ACC?


Feb 22, 2024, 4:10 PM [ in reply to Re: FSU closer to negotiating settlement with ACC? ]
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You sure as he** flunked contract law during your two weeks in law school...where was the FSU bravado and the Florida AG when they signed that contract...nobody wants an Indian giver...are you sure about everyone panting to get FSU...they won't help the graduation rate of the SEC! Suspect ESPN does not want its dirty laundry dumped on the floor...what does Saban know that we dont!

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Re: FSU closer to negotiating settlement with ACC?


Feb 22, 2024, 8:20 PM [ in reply to Re: FSU closer to negotiating settlement with ACC? ]
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FSU not taking any prisoners is because they are stupid...dummer than prisoners they might be taking...rape, crab legs, Jumbo Fishnet, Taggart willy, no fans in the stands...Davis has covid and has been isolated so we ain't playing...take your pick...they have done it all...signed on the dotted line twice...now they want MO money..go figure...I'll stick with Dabo!

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Re: FSU closer to negotiating settlement with ACC?


Feb 21, 2024, 11:14 PM
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90% of cases settle before going to trial. And then once in trial, 90% of those get settled before trial moves forward. The percentage of cases that actually get tried is minute.

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pardon my french but screw FSU, can we just ignore them?***


Feb 22, 2024, 9:53 AM
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Re: pardon my french but screw FSU, can we just ignore them?***


Feb 22, 2024, 4:12 PM
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No because there are some secret FSU lovers who want us (Clemson) to be just like those savages!

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Re: pardon my french but screw FSU, can we just ignore them?***

1

Feb 22, 2024, 8:21 PM
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I don’t think anyone wants Clemson to be like FSU, but any rational person understands that continuing membership in the ACC will be the end of Clemson football as we know it. Will we still field a team? Absolutely. Will it compete for championships at the highest level? Highly unlikely. Now, some Clemson fans might be content with winning a G5 championship, but the vast majority of us would not be.

The objective facts are that the ACC locked its member institutions into a long term deal, and seem to have misrepresented the financials, as the current deal is only through 2027, and ESPN holds the cards on whether they want to renew the contract past then, or drop it all together. This extension was supposed to be confirmed 2 years ago, but the ACC leadership has continued to kick the can down the road. If Florida State stays, I’d say it’s a 50/50 shot that ESPN extends that contract, but the chasm between the ACC and the P2 will continue to grow, and nothing the ACC leadership has done to this point, ends in higher revenues to the league members, especially adding value dilutive programs like they did with Stanford, Cal, and SMU, who each do not bring a full share, they bring full “pro-rata” shares which are about $7 million less annually than what current schools make. If FSU and ND leave, as is now being rumored, the chances that ESPN renews the contract at the current rate, are non existent as they’ll lose the 3-4 ND road games per year, and they’ll lose 1 of the 2 bell cows the ACC has, and at that point, the ACC is a glorified G5 league much like the Big 12, and you should expect a renegotiated contract with lower payouts, and an even bigger gap.

You don’t have to want for Clemson to be like FSU to know that the current situation doesn’t work. If you want the best for Clemson, then you want Clemson to similarly find a way out of the ACC.

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Re: pardon my french but screw FSU, can we just ignore them?***


Feb 23, 2024, 10:26 AM
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1. It is true that Clemson's arrangement with the ACC (and therefore ESPN) is not optimal, but it is also true that Clemson signed the GOR, not once but twice, and has no real way out. Here, Clemson's position would be as shaky as the position that FSU now occupies.

2. A "deal is a deal," and there is nothing to suggest that the ACC could secure a second better deal after it executed the first. In all likelihood, the first ACC-ESPN contract contained performance milestones that the ACC simply hasn't met. These kind of performance milestones are standard in sports media deals, and, while here I am speculating, this is probably how the SEC renegotiated its deal with ESPN. Let's be honest: ACC games like Clemson-Pitt do not "just mean more." If the ACC hasn't met the metrics, then ESPN has zero legal/contractual obligation and even less financial incentive to revisit its deal with ACC.

3. As for FSU and ND, FSU's case is incredibly weak, and getting out of the GOR has near impossible odds. ND, meanwhile, has a contractual obligation to join the ACC should it elect to join a league. Here, the ACC screwed up by not forcing ND's hand to join the league back in 2020 when ND had nowhere else to go. This is the only instance of true mismanagement. (There has been no credible allegations of malfeasance.)

4. Clemson cannot unilaterally change its league affiliation. There are contracts in place. You just can't quit on a contract. I have no doubt that Neff has hired the best lawyers to evaluate Clemson's case, and that explains Clemson's forbearance. It is far better off watching FSU roll the dice and lose.

5. Clemson's best hope is that ESPN and Fox get together to form one league that creates the best Tier 1 football rights and games. But that is complicated as leaving schools like Coastal, App St, Troy, ECU, Charlotte, etc., off the dance floor leaves any ESPN-Fox arrangement swimming in antitrust problems. ESPN has the content for the SEC and ACC, and Fox has the content for the Big 10-Big 12 (and PAC 12 left overs). Talk about a monopoly.

Thanks

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Did Bob bump this one? Why is it still alive??? Mods!!!!!***


Feb 23, 2024, 10:29 AM
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