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VTChip
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SIR: Clemson believes the word 'is' could punch a loophole in ACC contract

From yesterday's Post and Courier: "Why Clemson believes the word 'is' could punch a loophole in the ACC's contract with ESPN "Clemson's attorneys seem poised to focus on an exceptionally mundane term: the word "is." "In recently revealed paragraphs of Clemson's April 17 complaint — which were previously redacted because they might contain "trade secrets" — the university asserts the ACC's deal with ESPN only conveyed the broadcast rights to games played by a "conference institution." That is defined in the ESPN contract as a "college, university or other institution that is a member of the ACC." "Emphasis on the word "is," the university's lawyers say. "If the Tigers left the ACC, they wouldn't be a "conference institution" in the present tense — "is" — as written in the ESPN deal. According to Clemson's lawyers, the ESPN contract doesn't speak to a school that "was" a member. "This fleshes out an argument Clemson has been making since it filed its lawsuit in Pickens County in March: That the ACC might "irrevocably" own members' broadcast rights, "regardless" of whether they remain in the league for the entirety of the ESPN deal, as the grant of rights says." Just sharing - I didn't sleep in a Holiday Inn last night so I have no idea if the argument is valid.
Posted: 07/15/2024 at 02:10 PM ET

Thread Replies (20)

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SIR: Clemson believes the word 'is' could punch a loophole in ACC contract
VTChip 07/15/24 02:10 PM ET
All Clemson has to do is convince a judge in Pickens County SC to agree
WBGV 07/16/24 09:17 AM ET
A lame, desperate argument. **
Maroon Unit 07/16/24 07:03 AM ET
Reminds me of Bill Clinton**
Lancelot Link 07/15/24 05:35 PM ET
As legal arguments go..
VT ChemE 1986 07/15/24 05:27 PM ET
I think Clemson's argument here is a nothingburger...
SMU Pony 07/15/24 09:02 PM ET
They wouldn’t go to war with the conference over the meaning of the word
Marooned 07/15/24 09:52 PM ET
Seems to me that a judge........
2hhoop3 07/15/24 09:08 PM ET
that would be pretty embarrassing to the ACC and their lawyers if true
MrBayAreaHokie 07/15/24 05:09 PM ET
I don't believe there is anything in the media contract that will release
VTCALS72 07/15/24 02:31 PM ET
You Mention DAMAGES
WarHog38 07/15/24 04:03 PM ET
Paragraph 1, I agree, no damages in the ESPN/ACC contract
VTCALS72 07/15/24 06:41 PM ET
The intent of that agreement cannot be more clear. NC business court ..**
SpeakToDamien 07/15/24 08:04 PM ET
Devining "intent" depends on the court after way more
VTCALS72 07/15/24 08:15 PM ET
Sure. But it's a nonsensical interpretation
SpeakToDamien 07/15/24 09:50 PM ET
Punitive Damages
WarHog38 07/15/24 07:11 PM ET
I think this eventually goes to federal court.
VTCALS72 07/15/24 08:19 PM ET
Ummmmm. That's not how it works**
SpeakToDamien 07/15/24 11:13 PM ET
The old.......
2hhoop3 07/15/24 02:16 PM ET
That is the first thing that I thought of.
HokiesChemicals 07/15/24 02:55 PM ET
don't forget...
VPI_1998 07/15/24 02:47 PM ET