Ep 1108 - Video Game Thoughts and NIL Settlement Update - podcast episode cover

Ep 1108 - Video Game Thoughts and NIL Settlement Update

Jul 20, 202434 min
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Episode description

On today’s podcast, I take a look at the new NCAA CFB 25 college football video game. I’ve been playing it for a week now and have some observations on where the game is doing well, but also where there are problems. At this point the game is neither a home run nor a catastrophe, and we delve into the details in the first segment.

Then (21:30) it’s on to covering the latest in the NIL / House settlement, and why it hasn’t gotten here yet. There’s some unfortunate but predictable infighting going on in the settlement process, and a real chance that the court refuses to accept the settlement even if those items are solved. I talk a bit about those items and how the courts might evaluate the situation as a whole.

Transcript

You're listening to the Back Home Network presented by Home Field Apparel. Sometimes in podcasting you just. Hit the wrong button what I just did there, so apologies for the false start. On the music and hello again everybody, I'm GAIL and. Clavier, this is Crimson cast. It is the 20th of. July of. 2024 and we're getting. Closer and closer to college.

Sports season restarting. We got our little break here in the summer, but football camp coming up soon, basketball not that far away, soccer going to start up again, a lot of volleyball coming up soon. Field hockey, track and field, I think golf definitely. So lots, lots on the horizon, but we've. Still got a couple of weeks of just like let's. Kick back and relax and enjoy things. So that's where we're at right now. We're going to talk about some non IU related items for most of this.

Podcast the. Second-half of the podcast, we're going to focus on something that tangentially. Relates to IU, but if you're just. Looking for IU news? This is probably not going to be the. Podcast. For you and so I, I would never say skip. It, but at the very least don't go in with. Expectations that we're going to be. Breaking down like real hardcore. Fine tune stuff about the. Basketball depth chart or. Something like that today. But thank you all for tuning in

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To a couple of items. A much requested item. That we had was a review of college football 20. Five and. I got the early access. Version of this game. I paid for it, they didn't send it to me directly, and so I've been playing it pretty consistently. Over the course of the last. Week and I wanted to kind of. Try to give everybody. My reflections on what we've seen so far, it's, it's interesting. I remember about a year and a half. Or maybe two years ago.

When this first got announced? We did. A segment on the. Podcast where we talked. About whether or not this was. Something that we were excited about. Obviously the concept of a football game coming back at the college. Level for any video. Gamer, especially if you're Gen. Xer or Millennial, this was something that was exciting to you because this was I think for people who listen to this podcast and people. Who are of that particular age this. Was always one of the.

Favorite sports titles had a lot more soul historically than Madden did. You really felt like you were. Building your own program in the dynasty mode and. You know, I think for a lot of people. Even if the numbers didn't. Necessarily reflect it if you were a college sports fan at all. This was the game you tended to gravitate towards, and certainly. You know, I think for a a whole. Generation now, about 10 years, it's been something you've.

Heard about if you're younger? But you didn't get a chance to play. And so all of those things were positive. But one of the things that we tried to point out. Back a couple of years ago was that. EA Electronic Arts, the company that makes the college football game, hasn't always been the most. Reliable partner, a lot of the issues that we saw. In the college football game series back in. The late 2. Thousands and early 20 tens were things that should have been

addressed and weren't. You know, they were quality control issues, there were issues with features not working properly or there were issues. With the game not running. Particularly smoothly. Like this was a pretty consistent thing that we saw in really the last six or seven years of the title. And we did talk at the time about the concerns that I had knowing that, about EA being able to actually. Pull this off. And you know, that was at a time when it looked like the game was

going to come out last summer. It got. Delayed a whole nother year, finally gets released in July of this year. And. I got to tell you. After playing it for a. While there's things about it I really like, but there there's also a lot of quality control issues. Which do not allow me at this point to recommend that you run out and buy it if you haven't already, if you have, I mean, obviously. You're in the same boat.

As me and I don't. Think it's a lost cause of a game but I had a. Lot of people messaging me on social media saying. I'm thinking about. Buying a whole new gaming system just for this game and certainly. A lot of the hype. That we saw around the game leading up to it, it looked like it was going to be an automatic purchase.

And like, yes, if you've been on the fence about buying a next Gen. system and getting yourself out there and starting a video game again, this might be a great launching point. So I'm. Going to talk about some of the. Issues that we've seen also some of the good things and then also. You know why or what? I guess I would suggest. People do as we move forward with everything. So let me start with the good First off, the gameplay, the actual.

Playing of the football game. Is really, really well done. The graphics are awesome, the the player movement is awesome. The player movement I think feels natural. A lot of people have been. Complaining a little bit. Who have been, you know. People who are. Veterans of the old game have been complaining about the passing system because it did change, but frankly, I found the passing system so far to be. Really enjoyable to use, it's a

little more intuitive. And maybe it's just the way my brain works. But but I've really. Found it to be a good one. I found that the. The way that you control the receivers in the. Passing game feels more natural than it did in the past, so a lot of the actual gameplay is good. The defense. Playing defense is definitely hard in this game, a lot harder than I think any other football game I've ever played. But I actually think that's a good thing. It's it's one of those

situations. Where you're you're really. Having to. Utilize football coverages the way. That they are meant to be used in real life. You can't just simply say that you're going to. You know, blitz. On every down or that you're going to use the same defense consistently, you got to change up. Your your coverages you got. To change up, you know what you're doing with your players while using similar shells like you basically have to confuse the computer offense and that's.

How it's supposed to be, frankly. So I like. All of that and I I've found that all of the. Games that I've. Played have been fun. As I've tried to adapt to learning how to play. Defense all over again, but. Overall, I think they got. The gameplay itself, The actual game. Of football. Is is among the best representations that I can remember. You know, it's not quite like the, you know. The the. Famed and, you know, NFL. 2K. Five the that ESPN game that

came out that. That still gets pointed to. Is kind of the gold standard of football games playing wise. It's not quite at that level. But I do think that overall, once you get used to the settings. It's a really. Enjoyable game of football. The problem is kind of creep in everywhere else and this is where I think EA. Was always potentially susceptible. To not doing what they should have done within the game. And what I mean by that is this the what makes these sorts of games work?

Is. Not just that, you have the names of the. Features, but that the features. Actually have some corresponding reality. That. Players can subsume themselves into you know you want to be able to have immersion, relatively speaking, when you ask somebody to play a dynasty. Which you know, essentially. If you if you haven't played the dynasty mode in the college football game before, you're asking someone to take on a team. To take on a coach. And to essentially.

Role play with that coach by building up certain. Skills while simultaneously using that coach. To recruit your own program to feel like you're part of the. College football environment and to. Move up the ladder. Either move your school up the ladder. Taking a small school and building it into a dynasty. Or moving your coach up to where they're. Coaching a big school and then you're forming a, a, a quote UN quote dynasty there and you're

you're playing multiple seasons. And so much of that. Gets tied up in, not. Just the recruiting of new players, but also the way that your current players are progressing. And understanding like how they fit. Within the larger structure of your program, how they fit within the larger structure of the college football. Environment at the time and I think what one of the things that. The historical college football series really did well.

And this was, you know, granted this was back in the. PS2 PS3 era was it really did give you a. Sense that you were part of a living, breathing environment and that when you went out and you were recruiting players. There was, you know, the. There were. Personalities involved. There were reasons.

Why they were choosing your? School or not choosing your school you know is it a realistic no it never has been but I think the problems that I'm seeing right now in this game are that there's a lot of things that the. Game is really struggling with. And some of them are surprising. Some of them are not surprising. The surprising things, frankly, are things that the quality control team for the game should. Have picked up early on there's a real. Problem right now.

With the way that this. Game handles the simulations of other games, not your own games necessarily. But the way that like Georgia. When they're playing against opponents, how they're faring what we're seeing and and this has been, I've seen this in my own dynasty. Play, I've seen this. Elsewhere we've seen situations where. You know Georgia. Will end up with like. Four or five losses. During the season and look, I mean, could that happen? Certainly. But it's the losses to like FCS

schools. Or, you know, not particularly. Good schools in college football's FBS. Division you know we've seen situations where you've got like six or seven win teams in the College Football Playoff and again while. That's theoretically possible. It's happening. At a really, really prominent clip and in a way that is essentially immersion breaking for a lot of people, you know, even within recruiting, you know, I I actually. Really like the new recruiting.

System. I think it feels more more natural and realistic. But I it also kind of appears that the way that. Recruiting is running. There's, there's. It doesn't. It's not very intuitive. For a lot. Of people now. Part of that is players. Still needing to get used to the new system and not being used. To the old system. Or or being too. Used to the old system, I guess you could. Say, But it brings up another problem with this game right now. Which is that there are.

Not that. At least to what? I've seen there's no tutorials or explanations about how any of this stuff works. You know, we got some. Developer Diaries. We got some videos that kind of showed. What features were going to look like? And those are up on YouTube, but they don't really explain how they're going to work. Now we've seen some some vloggers go out and. Actually figure some of this. Stuff out. There's some really good tips on how to.

Effectively recruit, but the fact that there's. There's nothing really that effectively explains how most of these modes are supposed to work now. Is a bit of. A of a confusing thing as far as I'm concerned. We're also seeing issues. With like scheduling like I've. Seen. A lot of reports of people that have gone forward four or five. Years in their dynasty and they're looking at other teams and they're playing like. Four or five FCS opponents.

In the same season, which never would happen, a lot of that seems to be tied to. The fact that we're we're. E as video game is essentially trying to simulate an environment that doesn't exist yet in terms of scheduling. In that you now have a mega. Big 10 you have a mega. SEC. You have a PAC 12. That's in the game and has two teams in it, and and. Obviously that's been utilized, you know, for people to go in and like. Create a custom PAC PAC. 12 or PAC10 or. Whatever.

But the game doesn't do that on its own, and So what you'll get is people launching a dynasty and then things. Are going really Askew because. There's not. Really a logical scheduling. Pattern. I mean, one of the things that was nice about. The previous games was that. Even when you did custom conferences, it would the. The game would largely match. What you would see? In real life so far. We're not seeing that in this game. So those are the kinds of things where.

You know, it does appear that. You can go in do conferences that look more. Like the old days where you've got. Divisions and you've got, you know, fully stocked conferences and the scheduling does work better, but again. I think there's a lot of. Users that don't. Realize that that's a possibility. And so then they struggle with some, I think, immersion breaking game issues.

There's also some other detail. Related items that really need to be fixed online is already a problem from from what I've seen. If you save your. Dynasty Online. The servers haven't. Been able to handle. The traffic, there's been people. That haven't been. Able to load their dynasties. I've had. I've had. Problems with that on a couple. Of occasions and yes. You've got the flood of new, new players. Coming in and they'll probably adapt the. Servers.

Least we hope, but. Again, it's tough with any with any game company at this point. Struggling with a large influx of users it it is a bit of a. Concern that that wasn't something that was anticipated upon launch, and I do. Worry a little bit about. The the long term ramifications of an online save system for dynasties.

I would highly recommend everybody save their dynasty offline, unless you're running an online dynasty yourself and then you're kind of stuck with that details in some of the other game modes. Outside of dynasty I've I've not done a. Whole lot with Road to Glory, but I've talked with people. Who have and it and it just kind of feels like a limited games process at this point not.

Particularly well fleshed. Out some of the logic and it doesn't seem to work that well the commentary in the game. Is really bad I've. Been playing sports video games for a long time and. You know the I don't. It's easy to get. Bored with commentary eventually, because there's only so many lines that commentators can record. Realistically though, they're normally a lot. Better aligned with what you see going on in gameplay. Than. What we're seeing in this college football game, the the

commentary just sounds hokey. In a lot of places. It doesn't really match the excitement it's. Over voiced in a lot of cases it the the the the. Triggers for certain lines don't seem to line up with. Reality in a lot of. Cases and. It just kind of feels. Like a very sophomoric effort for commentary and it's very puzzling. Because, you know, you go. Across a lot of different games in the spectrum and they've been able to. Figure this out. And and do it very.

Well. In games that are faster paced than football, You know, I think the NBA. 2K series has. Done a good job with it NHL. Does a good job. With it, you know FIFA. Has done an OK job with it. It's. Weird that this game. Has these struggles in terms of. How it's commentary sets up. Is it game breaking? No. It's annoying though, to the point. That like the last couple. Of games I've played, I haven't even bothered turning the sound on, I've just listened. To music while I've been playing.

The game. So that's what probably what. I'll do in the future like again, I would never say don't buy the game 'cause the commentary. Sucks, but man, after two years with a lot of other examples you would have thought that they would have at least. Gotten that down. So anyway, again, I I wanna. You know, reinforce that the core. Football game plays really good and a lot of these other items, I think they're going to be. Able to fix?

It's a little concerning that you know, as of Saturday morning, I don't there. I don't believe there's been any kind of official note from EA. About Hey, a patch. Is coming to fix some of these issues with simulations and whatnot. But you know right now.

That hasn't happened and while I think they will be able to patch things in the future, I am a little bit concerned that there were so many like detail oriented items that were not addressed in the programming of the game or the play testing of the game that are clearly going to have to be. Addressed through a patch or through. Something secondary. The fortunate thing is that in this era, you can throw. A patch out there, Pretty.

Quickly and fix. A lot of these problems, you know, easier said than done, says Crowdstrike after they. They crashed the planet yesterday. But normally, like, I mean, I'll, I'll use an example of another game that I've been playing lately called City Skylines 2. Some of you may be familiar with it. It's, it's about the opposite of what you can get from a college football game. It's a city. Builder but that that. Game has been plagued with issues since it launched last

summer. That team. Released a fixed pat. Like a patch to fix things and then had to release another patch. Immediately afterwards to fix. Some other items that broke. They did though. And now that game runs pretty well, and that settled down a lot of the complaints about the game. So I think that'll happen. With NCAA 25. I just hope that they're. Conscious that there are some of these glitches and. Again, like for someone like me and for a lot.

Of people, what people really want to play. Is the dynasty mode in this game and you've just got to make? Sure that you got the. Details down. I know that's a difficult thing to do in an era where. College football itself is. Changing the thing you're trying to simulate isn't there. Like yet we really. Don't have a lot of examples of it, but we know what it. Should generally look like. Given how college football is played in the past. That's where.

I'm a little bit hesitant. I would be hard for me to recommend to somebody who hasn't bought the game that they go buy the game, and I would. Absolutely put the stop. Sign up on somebody who's like, I want to go buy a system and also buy this game. Don't do that yet. I would wait a couple of weeks. Let's see if they get this patch sorted. I will say for those who. Own the game now. It's not a lost cause. I'm. Still having fun with recruiting and dynasty and kind of. Learning the ropes.

I think some of the underlying fundamentals won't change and what I'm essentially doing and frankly I do this with. Every year that I've had a college. Football game to play. I spend that first month essentially running a mock dynasty to try to figure out the controls and figure out the systems, and then I always restart the dynasty when the college football season itself starts. That's essentially how I'm

approaching this unfortunately. We've still got a. Solid month plus until that happens, so I'm hoping that they're able to take that time to fix some of those. Issues so if you got. Questions, shoot them our direction, happy to answer those questions, but that would be my review right now of everything. Second and last topic for today that I wanted to tackle is the nil settlement question mark. We we've talked. About this nil settlement for a

while it got announced. A couple of weeks, I guess it was. Almost like a couple months ago now where? Supposedly there was this. Settlement in the NCAA versus. House case. It also folded a couple of other. Cases into it and yet we haven't seen the settlement announced yet and we talked about on one of our. Podcasts about how there was a. Possibility that this might not actually be a settlement that gets accepted.

By the courts or by the the. Parties involved, and I think it's worth revisiting at this point. There's an interesting article. If you haven't subscribed to this yet and you're at all interested in name, image and likeness related items or just kind of the changing business of college sports, I highly recommend if you're on LinkedIn, Darren Heitner, HEITNE. R Former Former. Lecturer at Indiana University taught. A. A. Sports agency management class for me.

Back about a decade ago. Good guy. Really. Really. Sharp mind on on everything related to IP and sports and entertainment, but he's been publishing. This regular newsletter called Newsletter. Image likeness is already up to the 89th volume and he had a really interesting one. That he published a couple of actually, this was. Yesterday, the 19th about how this settlement being. Delayed is really, really weird. And and fascinating and really. Odd, I think in general, because

the fact that it's. Delayed at this point. Is. Is pretty peculiar. This should have been something where the. Parties involved were were, you know, ready to roll on it. But there's a lot of things that are now getting wedged in to this settlement that probably shouldn't be there in the 1st place. And I think that there's a real argument to be made that it is creating it could create some real problems with the settlement overall. So there was an article in. Sportico also a good

publication. If you're interested in anything sports business related, by Daniel Libbit. Which is. Titled NCAA House settlement delayed by infighting. Per plaintiff's lawyers, I'm going to just quote a couple. Of items from this this article and we'll put the link for this in our sub stack if you want to go check it out Jeffrey Kessler. The lawyer. That's involved in this settlement had a telephone interview on Monday morning and he he blamed, quote infighting

between the NCAA and its. Power League Co. Defendants for the hold up and essentially back on May 30th, both sides of this settlement filed a joint stipulation asking for the court to pause deadlines to iron out a long form agreement and some of these items in the agreement that are being now debated that we're hearing are things. Like what are scholarship? Limits for football going to be and you know. There's also some other items related to what are. What are going to be the limits

on what type of nil? Athletes in the college level would be able. To take advantage of the NCAA trying to essentially establish a litmus test for whether something is pure NIL or pay for play, and trying to forbid athletes from taking advantage of the. Ladder and. The idea behind all? Of this is ultimately. That all the athletes are supposed to opt into this settlement because they're going to get access to money, but that money is not all coming from

like the power. Five schools, it's also. Coming from the rest of the NCAA. And so there's like a corollary issue going on right now with this university called Houston Christian University. Who has asked? To intervene in this because they don't feel. Like they should be a. Party to the damages. So there's just a lot of messy things going on, but it kind of comes back to this core point.

Which is there's two. Elements to it one Everybody just assumed when this thing came out that the settlement was going to happen but it. Requires a all the parties to agree to a core set of. Items and B. The judge to say. Yes, this settlement works. The second item is. That it also requires that. The NCAA and the Power 5 conferences be recognized as the authorities in this and that. Everybody else has to go.

Along with whatever the settlement is and that's creating a lot of problems at the NC. AA level. And as as has been noted in in Darren's newsletter. There's just a. Lot of question marks about whether the NCAA. Really has the authority to. Speak on this. There's a quote from Richard Johnson, who's a lawyer, you know, and. And I'm just going to quote this. Verbatim, because I think it's a really interesting quote. As far as this continuing fake settlement. Not a single defendant.

Has authority to settle. In this case so. It'll be awkward for the. Defense counsel to explain that to the court. No, your Honor, the NCAA doesn't or didn't have a member. Vote to approve this. The NCAA board does not have the authority to do its own do. It on its own. No, your honor, not a single. Public university board of trustees. Authorized their president to vote in favor of this at conference meetings the. Absurdity of it all was.

Mind boggling. And so there's a real chance that they're going to bring this settlement to court and the judge is going to be. Like, do you have the authority to actually speak on behalf of all the? People that you're speaking on behalf of and they're. The the parties. Are going to have to say no, your honor, we actually don't which then will bring the whole thing into question. The judge in this case is.

Not likely to allow this. Settlement to be used as a backdoor methodology for legislating college. Sports, but that's really what. These terms of the settlement seem to be. That you're going to create. This nil fund that all of these. Parties are going to agree to that. All the athletes are going to be required. Essentially to take part in and that all. Schools, whether they're Power Five or Power 4. Schools or not will be living under. The whole idea that people keep.

Missing in this. Is that the? Courts are forcing the NCAA and its member institutions and the conferences that those institutions are a part of, which are not the same thing as the NCAA. The courts are forcing them to do things that they don't want to do. And they've been dragging their feet on those things because they don't want to do the things that the court is telling them. And you know, even NIL. That what kicked all of this off.

It was not the NCAA saying we're going to provide NIL. It was the courts. Saying NCAA, you cannot forbid your athletes from making money on name, image and likeness. You. You can't do it legally. And So what you've got now with this settlement is the NCAA and its member. Schools at the Power 5. Level and the conferences trying to use this settlement to essentially legislate their own sport without actually going through the. Process of what you would do to

legislate? Your own sport, and what I mean by that is like when the NFL in the offseason wants to create new rules or change existing rules about pass interference, about when timeouts can happen, things like that. Those things have to get. Proposed they go through a. Rules Committee and then the owners have to vote on whether. They approve or disapprove those. Things you've seen? Stories about that before they're supposed to be a process. Internally through which you make changes.

You're not supposed to use. Court settlements that you know, focus on the rights of individuals to make money off of their name, image and likeness to then legislate your own sport. Because you can't. Do it through the means. That your sport itself, actually. Employs and that's essentially what's going on here, you know, normally. What you would have? In in any kind of a circumstance it. Globally with sport or locally?

In the United States, is you would take these items, you'd put them in front of a a. You know the representatives of each of the. Teams or each of the conferences and they would have to vote on changes. And the problem is that the NCAA as it's currently constituted. As we've talked about before. Isn't just those top teams, it's

everybody. And so you either in that case have to split the top teams from everybody else and let them have their own set of rules and have them vote on those rules and codify things. And then let everybody else. Do things on their own, which would effectually break the NCAA as an institution. Or you do it this. Way which is. You try to backdoor. Things and try to hammer them into a legal agreement.

It's essentially the difference. If I was going to try to to put it into more like general terms, it's the difference between Congress passing a bill and then the president signing it versus the Supreme Court ruling that something's constitutional or unconstitutional and that creating a new vacuum within which things have to be built. It's almost as if the NCAA and its member schools are trying to. Do the latter rather. Than simply work out an

agreement amongst all parties. And the reason they're not doing that is that they don't want to bring athletes to the table as a bargaining entity. You know the the. The colleges and universities, like there's just so many things going on. You've got, you've got. The the top conferences who want to separate themselves. From the lower. Conferences and teams within the NCAA, that thousand plus set of schools you've got. The the you know. Kind of team stuck in the

middle. Who aren't quite at the. Top level but want to get. There you've got athletes. Who want to seat at? The table but also. Just want to get paid for what they're doing and. Ultimately, I don't know where. All of this lands, but I do think that. It's a real possibility that. A. The settlement might never get. Hammered out to everybody's. Satisfaction and B. Even if it does. That the court might say this is not a settlement for these cases, this is something else.

Entirely. You have to go back. To the drawing board, which could mean we don't actually have a settlement until the end of the calendar year or beyond. That was always a possibility with this and the longer this goes. The more. Likely that you know one. Of those two scenarios is going to happen that either the teams in the conferences are just like we're not going to sign on to. This or you'll get you.

Know universities like Houston Christian saying why are we being expected to pay 2 or $3,000,000 for something that we never did? And their, you know, and their argument is essentially we've never restricted an athlete from, from taking advantage of name image and likeness. That was an NCAA thing. Now we're being asked to pay for this. So there's all these different factors that I think you're going to come crashing together with this. And so here we go.

And, and I again, I do think ultimately what you're going to see the NCAA continues to put all of its eggs in the basket of Congress is going to go and they're going to give us a. Bill. That's going to, you know, codify amateurism and and basically say athletes can't be considered employees. I still don't think that's happening. You know, we heard noise a little, you know, a few weeks. Ago that maybe there was momentum, momentum for that. It's not.

It does not appear to be occurring anytime soon. And again, Congress being in position to do anything on this. Front to ride. It and save the day for the NCAA. Doesn't look like it's going to happen if you don't have this settlement. That takes a huge chunk. Even out of that effort, and one can only wonder at that point what ends up. Occurring so we'll keep you posted.

On things, but a a fascinating space for everybody to be in right now, and certainly not, not not looking like it's going to get solved anytime soon. So anyway, we'll take a break here. TuneIn next week we'll have some more podcasts coming up and should be a fun next few weeks. Obviously IU basketball alums playing in the TBT tournament. They won their first game last night against. I think the the Valparaiso. Alumni and I'm not sure who

they're playing next. They might be playing the Purdue team next, so should be fascinating to. Watch that. So check. That out and I hope. You all have a good. Rest of the weekend should be a a nice weather weekend here in the Midwest. For most people. Thank you for listening to Crimson Cast. Thank you to our sponsors. Over at Home Field Apparel, be sure to check out. The rest of the back home network. As all the podcasts are firing back up and I'll be guesting on at least one of those

relatively. Soon, so keep an eye out for that. For all those people, I'm Galen Clavio. Thanks for joining us on Crimson Cast. We'll catch you folks on the flip. Side bring back the bison. So everybody.

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