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View Diary: Clear Channel Loses $424 Million in 2012, StopRush Rolls On (87 comments)

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  •  The fact of the matter is this. (0+ / 0-)

    (cut-and-pasted from another diary in which I responded to you.)

    ---snip---
    In almost all cases of collegiate athletic networks, there is NO CONTRACT BETWEEN THE UNIVERSITY AND INDIVIDUAL STATIONS.  In the majority of cases, there isn't even a contract between the university (as a legal entity) and the network's management!

    Here's how it works:

    1) Most universities have a separate legal entity, usually named something like "University of Foobieblex Athletics Association", that actually owns/operates the athletic programs.  (This, incidentially, is how they get around their state's salary limitations for state government employees.  The basketball coach can be paid more than is the university president because the coach "isn't really" employed by the university, but rather by the athletics association.)

    2) The athletics association--NOT the university--then signs a contract with a sports marketing company, like IMG College, to operate the school's broadcast network.

    3) The sports marketing company--NOT the university, and NOT the athletics association--signs contracts with individual stations that wish to participate in the broadcast network.

    4) Those individual radio stations may sign OTHER contracts for other programming, such as (possibly) Rush Limbaugh.

    So, you're basically arguing that the university should, somehow, be able to negotiate (or exercise veto power over, or simply  terminate) contracts to which it is not a party, and which are, in fact, three steps removed from the university itself.

    As I said, it's a bogus suggestion, and the notion that universities are "sponsoring Limbaugh" if a radio station chooses to air both their athletic events and Limbaugh's show is utterly ludicrous.
    ---snip---

    Your typical example of "university sponsorship" seems to be that the RADIO STATION, in its OWN SELF-PROMOTIONS (NOT an advertisement purchased by the university), mentions that they broadcast both Old State U and Rush Limbaugh.  Again, that is a factor completely outside the control of the university.

    •  PS: In cases where the university DOES buy ads... (0+ / 0-)

      ...then, by all means, go after them.

      Conflating "everything that could possibly air on the same station as Rush" with "sponsoring Rush" is ludicrous on its face.

    •  thanks for the rundown but i can't believe the uni (1+ / 0-)
      Recommended by:
      elwior

      itself is not able to make an adjustment.

      basically you tell them they don't get your business anymore if they put it on those radio stations

      that's irrespective of the present contract- tell them you're not going to renew and will look for alternatives

      This is a list of 76 universities for Rush Limbaugh that endorse global warming denial, racism, sexism, and GOP lies by broadcasting sports on over 170 Limbaugh radio stations.

      by certainot on Thu Feb 21, 2013 at 12:05:41 PM PST

      [ Parent ]

      •  So, your expectation is that... (0+ / 0-)

        a) the university tells
        b) the athletics association to tell
        c) the sports marketing company to tell
        d) individual radio stations that they can't buy both State U AND Rush.

        That is a complete non-starter.  You can't even make a non-compete clause work in that context; there have been cases in which collegiate radio networks tried to enforce exclusivity clauses (as in "if you sign to broadcast State U games, you can't sign with any other university sports networks"), and those failed miserably.  (I know of one radio station which is a member of three university sports networks.  To the best of my knowledge, the radio station decides which to broadcast if/when conflicts occur.)

        Seriously, you're way off base on this one.  Even if you were to convince a university to attempt such a thing, it wouldn't survive the inevitable legal challenge.  Competition law would strike it down in a heartbeat.

        •  no. A tells B they can't do business with C (1+ / 0-)
          Recommended by:
          elwior

          or something to that effect.

          easy. might take a little time but start the process.

          This is a list of 76 universities for Rush Limbaugh that endorse global warming denial, racism, sexism, and GOP lies by broadcasting sports on over 170 Limbaugh radio stations.

          by certainot on Thu Feb 21, 2013 at 01:10:28 PM PST

          [ Parent ]

          •  You don't seem to get it. (0+ / 0-)

            As soon as you put that in a contract--and it would have to be an explicit clause in the contract--you're inviting a lawsuit which you WILL lose.

            Compare your idea to that of a contact stating, "If you buy my pretzels, you can't buy his hairspray;" that's precisely what you suggest would be "easy."

            Seriously - find an attorney, describe exactly what you suppose is so "easy" about it, and ask whether such a contract would be enforceable.

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