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.
Link:
Link to story
Posted: 07/15/2024 at 02:10 PM ET
Thread Replies (20)
SIR: Clemson believes the word 'is' could punch a loophole in ACC contract
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-- VTChip
Jul 15, 2024 at 02:10 PM ET
VTChip
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07/15/24 02:10 PM ET
All Clemson has to do is convince a judge in Pickens County SC to agree
-- WBGV
Jul 16, 2024 at 09:17 AM ET
WBGV
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07/16/24 09:17 AM ET
A lame, desperate argument. **
-- Maroon Unit
Jul 16, 2024 at 07:03 AM ET
Maroon Unit
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07/16/24 07:03 AM ET
Reminds me of Bill Clinton**
-- Lancelot Link
Jul 15, 2024 at 05:35 PM ET
Lancelot Link
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07/15/24 05:35 PM ET
As legal arguments go..
-- VT ChemE 1986
Jul 15, 2024 at 05:27 PM ET
VT ChemE 1986
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07/15/24 05:27 PM ET
I think Clemson's argument here is a nothingburger...
-- SMU Pony
Jul 15, 2024 at 09:02 PM ET
SMU Pony
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07/15/24 09:02 PM ET
They wouldn’t go to war with the conference over the meaning of the word
-- Marooned
Jul 15, 2024 at 09:52 PM ET
Marooned
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07/15/24 09:52 PM ET
Seems to me that a judge........
-- 2hhoop3
Jul 15, 2024 at 09:08 PM ET
2hhoop3
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07/15/24 09:08 PM ET
that would be pretty embarrassing to the ACC and their lawyers if true
-- MrBayAreaHokie
Jul 15, 2024 at 05:09 PM ET
MrBayAreaHokie
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07/15/24 05:09 PM ET
I don't believe there is anything in the media contract that will release
-- VTCALS72
Jul 15, 2024 at 02:31 PM ET
VTCALS72
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07/15/24 02:31 PM ET
Paragraph 1, I agree, no damages in the ESPN/ACC contract
-- VTCALS72
Jul 15, 2024 at 06:41 PM ET
VTCALS72
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07/15/24 06:41 PM ET
The intent of that agreement cannot be more clear. NC business court ..**
-- SpeakToDamien
Jul 15, 2024 at 08:04 PM ET
SpeakToDamien
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07/15/24 08:04 PM ET
Devining "intent" depends on the court after way more
-- VTCALS72
Jul 15, 2024 at 08:15 PM ET
VTCALS72
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07/15/24 08:15 PM ET
Sure. But it's a nonsensical interpretation
-- SpeakToDamien
Jul 15, 2024 at 09:50 PM ET
SpeakToDamien
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07/15/24 09:50 PM ET
I think this eventually goes to federal court.
-- VTCALS72
Jul 15, 2024 at 08:19 PM ET
VTCALS72
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07/15/24 08:19 PM ET
Ummmmm. That's not how it works**
-- SpeakToDamien
Jul 15, 2024 at 11:13 PM ET
SpeakToDamien
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07/15/24 11:13 PM ET
That is the first thing that I thought of.
-- HokiesChemicals
Jul 15, 2024 at 02:55 PM ET
HokiesChemicals
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07/15/24 02:55 PM ET