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Replies: 47
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All-In [25965]
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ACC GOR FEE
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Apr 23, 2024, 9:15 AM
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The FSU / ACC lawsuit is shining a light on how draconian the ACC GOR is being used to punish ACC's money making teams. The original exit fee was raised by 300% and FSU voted against it. There was no valid reason for raising the fee other than to keep teams from leaving, which was nothing more than a penalty. The fee FSU will pay to leave will be the original exit fee that was in effect when FSU joined the conference. IIRC, that was 40 million dollars. Forget any GOR fees being paid by FSU. THAT HORSE ain't pulling the wagon any longer.
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CU Medallion [64617]
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The judge certainly implied...
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Apr 23, 2024, 9:22 AM
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that the exist fee is overly punitive which would be a basis to void the contract.
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All-In [25965]
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Re: The judge certainly implied...
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Apr 23, 2024, 9:44 AM
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Yes, and he also stated that just because one signs a contract with unreasonable penalties does not mean that contract is valid and those type contracts are voided every day by courts.
That is why the ACC will settle the law suit and that is why he wants them to mediate the law suit. At least that way, the ACC gets something. If the ACC does not settle, Judge Cooper is not going to give them anything. The ACC lawyers know this. That's why they want Judge Bledsoe in Charlotte to be the home field advantage referee. But it ain't gonna happen. No court is going to let another state court seize property in another state. That seizure of property has to go through the state court in which the property is located. In this case, Leon County Florida.
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CU Medallion [64617]
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Well...
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Apr 23, 2024, 9:58 AM
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court ordered mediation is entirely normal and customary especially in Florida courts. The intent is to attempt to effectuate a settlement and reduce the case backlog in the courts.
That said, after yesterday, I think it's pretty clear which direction the judge is leaning and the attorneys for the ACC know this as well.
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All-In [25965]
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Re: Well...
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Apr 23, 2024, 10:37 AM
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You are correctly tuned in. He is not going to allow the ACC to take 700 million dollars away from Florida taxpayers to give to other schools. Ain't gonna happen. My best guess is FSU gets out for 40 million or less if Judge decides case.
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110%er [7169]
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you mean there are judges that actually rule using common sense? Can they
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Apr 23, 2024, 10:58 AM
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transport these judges to deal with political figures as well?
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CU Medallion [64617]
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Well...at least the ones not backed/supported by Soros.***
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Apr 23, 2024, 11:31 AM
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Legend [17360]
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Re: The judge certainly implied...
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Apr 23, 2024, 10:46 AM
[ in reply to Re: The judge certainly implied... ] |
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The ACC culture is so engrained to expect referees favoring the NC teams it must be an affront to them when they no longer get that favoritism.
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Letterman [293]
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Re: The judge certainly implied...
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Apr 23, 2024, 10:49 AM
[ in reply to Re: The judge certainly implied... ] |
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Which is why this is headed to the Supreme Court I believe. Florida rules and so does NC. The states differences get hashed out in federal court.
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All-Conference [404]
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Re: The judge certainly implied...
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Apr 23, 2024, 10:53 AM
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I wondered this as well.
Florida judge ain’t gonna put FL on the hook for the money just like the NC would.
The question I’ve had this whole time is what will a federal appeals court think without preverbal skin in the game so to speak.
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Recruit [81]
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Re: The judge certainly implied...
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Apr 23, 2024, 11:04 AM
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I wonder what happens to this dynamic if UNC jumps into the fray.
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All-In [25965]
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Re: The judge certainly implied...
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Apr 23, 2024, 11:57 AM
[ in reply to Re: The judge certainly implied... ] |
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The NCAA has not won a single court case. The federal court is not going to favor a conference over a state institution that has outlandish punitive damages keeping a team from exercising it's freedom to compete in the market place. And ESPN wants no part of a federal law suit.
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All-In [25965]
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Re: The judge certainly implied...
Apr 23, 2024, 11:58 AM
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I know this is not the NCAA, but just pointing out that federal courts have not favored a college ruler.
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CU Medallion [64617]
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Letterman [293]
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Re: The judge certainly implied...
Apr 23, 2024, 4:17 PM
[ in reply to Re: The judge certainly implied... ] |
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I don’t understand this comment? What is espn losing exactly? If reports are true then they are out in 2027. 2025 would be the first year it would affect them. So 2/3 football season at best. Plus it’s not like if the teams have to pay ESPN gets the money. I don’t see much skin in that game. They can also recoup some of it by getting them into the SEC.
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Letterman [293]
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Re: The judge certainly implied...
Apr 23, 2024, 11:28 AM
[ in reply to Re: The judge certainly implied... ] |
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Which is why this is headed to the Supreme Court I believe. Florida rules and so does NC. The states differences get hashed out in federal court.
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Legend [17680]
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The Supreme Court does not take most cases
Apr 24, 2024, 11:00 AM
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It's likely the Supreme Court declines the case.
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Recruit [86]
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Re: The judge certainly implied...
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Apr 23, 2024, 11:54 AM
[ in reply to Re: The judge certainly implied... ] |
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The ACC has a long history of home cooking in the State of North Carolina. The ACC is going to protect Tobacco Road. That is one of the driving reasons the rainmakers (Clemson / FSU) want out. Since the "officials" seem to see everything with blue shaded glasses on the playing fields / arenas, the ACC expects the NC judges / lawyers to follow suit as well.
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Recruit [81]
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Re: The judge certainly implied...
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Apr 23, 2024, 12:10 PM
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Agreed - which is why I am curious what would happen if UNC starts a lawsuit in NC vs the ACC. I suspect that knocks the whole house of cards down.
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CU Guru [1046]
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Re: The judge certainly implied...
Apr 23, 2024, 12:13 PM
[ in reply to Re: The judge certainly implied... ] |
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No it's not. The judge said he sends all cases, except bankruptcy, to mediation.
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Hall of Famer [22573]
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The judge understands civil cases.
Apr 23, 2024, 2:26 PM
[ in reply to The judge certainly implied... ] |
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ACC - They can leave for 570 million dollars.
FSU - We think we can leave for 0 dollars.
Judge - get in a room with no cameras and no media and find a number in the middle that neither of you like but both agree to.
It's like union negotiations. You've talked enough in public. No, get into that rooim and work it out.
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110%er [5101]
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Anybody know ACC exit fee back in 1953?
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Apr 23, 2024, 10:49 AM
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Maybe a couple of horses and a wagon full of corn?
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CU Medallion [64617]
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There was a time when a handshake agreement was all you needed...
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Apr 23, 2024, 11:32 AM
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and I suspect that was the case in 1953.
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CU Guru [1046]
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Re: ACC GOR FEE
Apr 23, 2024, 12:14 PM
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The exis fee is separate from the GOR. They are not the same thing.
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CU Medallion [64617]
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Exactly...and if/when the GOR is eliminated...
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Apr 23, 2024, 12:43 PM
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negotiating the exit fee to something that both parties can live with (likely something less than $50 million) shouldn't be too difficult. The judge said as much yesterday.
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CU Guru [1046]
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Re: Exactly...and if/when the GOR is eliminated...
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Apr 23, 2024, 12:58 PM
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The GOR isn't going yo be eliminated, and the judge didn't say as much.
It will cost much more than $50 million to leave.
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CU Guru [1046]
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Re: Exactly...and if/when the GOR is eliminated...
Apr 23, 2024, 12:58 PM
[ in reply to Exactly...and if/when the GOR is eliminated... ] |
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The GOR isn't going yo be eliminated, and the judge didn't say as much.
It will cost much more than $50 million to leave.
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CU Medallion [64617]
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You're certainly entitled to your opinion Mr. Swofford.***
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Apr 23, 2024, 1:01 PM
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CU Guru [1046]
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Re: You're certainly entitled to your opinion Mr. Swofford.***
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Apr 23, 2024, 1:28 PM
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It's not my opinion. I prefer to deal with reality instead of wishful thinking.
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All-In [25965]
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Re: You're certainly entitled to your opinion Mr. Swofford.***
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Apr 23, 2024, 5:37 PM
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Realty is that the 500 million is punitive. No court is going to let it stand. Secondly, do you really think the state of Florida which owns all state property, and in this case, FSU media rights are going to let some out of state organization come into Florida and seize that property? Do you think the state of Florida is going to pay the ACC 700 million dollars?
It will never happen. The Florida AG and the Florida Legislature as well as Gov. DeSantis will see that it never happens.
Doug Rohan, a lawyer who has been keeping up with the case, says this case will not end up in federal court as it does not deal with constitutional issues, or federal laws. I think a case could be made that it is a interstate commerce activity, and therefore is a federal issue. If that is the case and it ends up in federal court, I believe that the SCOTUS has ruled that one state cannot seize property located in another state. That seizure has to be ordered by the court in the state where the property is located.
No one is going to order the state of Fl to pay the ACC 700 million dollars. Anyone who thinks this believes in the tooth fairy. Once FSU leaves the ACC, FSU still owns its property, ie. it's media rights.
Let's all get real. No one is paying the ACC 700 MILLION DOLLARS. THE ACC HAS HIDDEN THE GOR CONTRACT BECAUSE IT IS A RANSOME NOTE.
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CU Guru [1046]
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Re: You're certainly entitled to your opinion Mr. Swofford.***
Apr 24, 2024, 12:09 PM
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It's not punitive. A Grant of Rights contract is pretty simple. It is an agreement whereby one party has signed over its rights to another party for a defined period of time. If you want to get out of the contract, then you have to repay the value of those right to reclaim them.
The question becomes, what is the value of those rights? Well, the answer is pretty simple. We know the value, we know what the schools are being paid for those rights. The value had already been established. (It's actually closer to $400 million, not $500 million).
The governor and attorney general have to follow the law.
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Letterman [261]
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Re: Exactly...and if/when the GOR is eliminated...
Apr 23, 2024, 4:29 PM
[ in reply to Exactly...and if/when the GOR is eliminated... ] |
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Texas and OU left a more stable Big 12 just 1 year early for $100 mill / $50 mill each. To think the ACC is going to forego 12 years for that money is folly. There is no way the ACC is going to anyone leave for any amount. It will destroy the ACC.
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CU Medallion [64617]
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The ACC is already destroyed...
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Apr 23, 2024, 5:10 PM
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and they did it to themselves.
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CU Guru [1046]
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Re: The ACC is already destroyed...
Apr 24, 2024, 12:14 PM
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The other poster is correct. The ACC is not going to give up money to which it is legally entitled. It's foolish to think so.
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Recruit [81]
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CU Guru [1151]
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Re: ACC GOR FEE
Apr 23, 2024, 1:03 PM
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Isn’t that what Maryland was supposed to pay but they negotiated it down
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Orange Blooded [4468]
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Re: ACC GOR FEE
Apr 23, 2024, 1:21 PM
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Players can transfer from team to team why can a college transfer from conference to conference. Get out your nil money ACC if you want FSU and Clemson to stay.
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CU Guru [1046]
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Re: ACC GOR FEE
Apr 23, 2024, 3:07 PM
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Colleges can change conferences.
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CU Guru [1046]
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Re: ACC GOR FEE
Apr 23, 2024, 1:29 PM
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The exit fee when Florida St joined the conference wasn't anywhere $40 million. It was $10 or 15 millions at best.
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Legend [17680]
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What does the honorable Justice Andrew Pickens XI of Pickens Co.
Apr 23, 2024, 2:45 PM
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say about this conundrum? I expect the Pickens Co. judge will espouse some wise judgement on this matter.
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Letterman [290]
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Re: ACC GOR FEE
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Apr 23, 2024, 9:34 PM
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"Draconian" thing that you all signed in 2016. LOL
Newsflash, Dabo is gonna quit in a couple years. CFB is an total mess. He's miserable. Fans are all a bunch of spoiled brats. Can't even keep brand new recruits that you spend 100's of hours recruiting through spring practice.
Clemson is going to go to the SEC and get destroyed. You'll all wish you were back in the ACC. Just watch...
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Recruit [81]
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Re: ACC GOR FEE
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Apr 24, 2024, 10:56 AM
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Perhaps so but this is like the argument that winning the lottery ruins people -- that may also be true but I'll take my chances.
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Recruit [81]
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Re: ACC GOR FEE
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Apr 24, 2024, 11:00 AM
[ in reply to Re: ACC GOR FEE ] |
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And while I'm at it -- why would Clemson and/or FSU get destroyed in the SEC? Over the last two decades Bama, UGA, LSU, Auburn and UF have all won Nattys playing SEC schedules -- do those schools have some inherent advantages over Clemson and FSU?
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Legend [17680]
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Dabo Swinney & Urban Meyer are 2-2 vs Saban
Apr 24, 2024, 11:09 AM
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Kirby Smart 1-5, Mark Richt 1-3, Jimbo Fisher 1-6, Les Miles 3-7, Brian Kelly 1-3.
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Legend [17099]
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Re: ACC GOR FEE
Apr 25, 2024, 10:19 AM
[ in reply to Re: ACC GOR FEE ] |
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Alright coot!!!!!!!
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Scout Team [192]
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Re: ACC GOR FEE
Apr 25, 2024, 10:12 AM
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The exit fee is equal to 3 times the operating budget for the conference, currently around $120M.
This is the fee that FSU is contending is exorbitant.
The GOR is not a fee at all. The contract states that the conference owns the media rights of its members through 2036... simple as that. There is no fee associated with this. In the case of a team leaving the conference, they can do so by paying the exit fee and be out. However, their media rights would remain the ownership of the conference through 2036. (Or at least this is the ACC's contention.) But no team would want to do this as the media rights are the biggest source of revenue for an athletic department.
It is understood that these rights have a certain value and can be sold. It is understood that any school looking to exit the conference would want to purchase back it's media rights. It is assumed that the conference would sell those rights back to the school for their current value. So for instance if FSU's media value is currently $40M/year, than the value of those rights through 2036 could be approximated to be $480M. But this is an approximation and the ACC could actually sell the rights back to FSU for any amount they wanted, higher or lower than the approximated value. The final amount will be a negotiated amount. Each move made by the 2 parties so far as been the start of that negotiation.
It is in the ACC's best interest to negotiate and accept a settled amount. Otherwise they risk losing court battles resulting in a $0 exit for FSU (and subsequently Clemson).
So there is not any specific GOR fee. There is only a negotiated settlement upon which both parties will agree to part ways.
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Recruit [81]
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Re: ACC GOR FEE
Apr 25, 2024, 10:27 AM
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If ESPN agrees to extend the current TV agreement with the ACC (regardless of FSU or Clemson being a member), then the departing schools could argue that their rights are worthless. 
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All-In [44073]
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I don't have much sympathy for any ACC school that willingly signed
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Apr 25, 2024, 10:41 AM
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this deal and now has regrets. They should've thought about these details BEFORE signing a long-term contract that made it virtually impossible to leave the conference.
I still contend that sour grapes years later isn't a reason to sue the conference and now claim that it as was illegal/unfair/prohibitive.
You signed it, you honor it.
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