The fair settlement to all this seems so simple:
- All 23-24 revenues should be distributed equally 12 ways because those parties fulfilled their contracts and the GOR has no breakup clause.
- All liabilities should be disributed equally 12 ways. (example: Comcast overpayments)
- OSU/WSU get all the remaining assets starting the fall of 2024 and they can do whatever they want with them.
Simple
the departing Pac-10 put that offer on the table 2-3 months ago and OSU/WSU have repeatedly refused that offer and any tinkering around the edges of that offer. Their counter-offer (
according to Jon Wilner) has been that each of the 10 schools give up at least 10 million or more from their share of the 2023-24 revenue; and the 10 schools must cover the cost of all liabilities. In other words, OSU/WSU get to split at least 100M. But it's also clear they are dreaming about taking all the current season's revenue
that big of a number is plenty of incentive for the Pac-10 to fight, and generates a willingness to make the fight an extended one.
reading the tea leaves, and it doesn't take an expert since OSU/WSU have actually spoken about it: they are imagining using that windfall as the leverage to re-format the PAC by using the money to help cover the MWC teams' exit fees from their GOR with Fox/CBS. IIRC, those are 16-18M next season, and around 10M in 2025-26. The Pac-2 desperately want to remain the PAC with them as the two premier partners (
perhaps with an uneven share of media revenue); they don't want to join the MWC.
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I think OSU/WSU have used a risk/reward scale and have decided that the chance at a large reward outweighs the risk. Maybe they are right. They now have that ruling by the judge, although it is rather limited in scope. The appearance of judicial bias is real and substantive which is almost certainly the reason why the judge made clear he would not let the Pac-10 be treated "
unfairly" in favor of the Pac-2. But right now, it's the initial call on the field. The appeal is to the Washington Supreme Court, but they don't have to accept the appeal. They could dismiss it or more likely refer the appeal to the state appellate court in Spokane. Or they might hear it.
whatever the immediate actions are, I think it's pretty clear that if the Pac-2 call a board meeting and vote to take any actions that '
harms' the Pac-10 there will be an immediate lawsuit filed. And that lawsuit could be in California state court (where the PAC headquarters and facilities are), or even in Federal court. And the worst thing that could happen to the Pac-2 is this ending up in Federal court
you're right that there seems to be fertile ground for a fair and just compromise and settlement. I don't think the Pac-2 is interested