Many people are SHOCKED by the Spadilly FOIA request and are taking what the commentary says at face value. They aren't questioning how these conclusions are reached, they are just running with them.
Most of it comes from The Midnight Yell
They run a commentary I find very misleading.
Example: "This contract prohibits UT from appearing on a league network"
Lets analyze the contract basis and the claim:
Aggy said:
Dead wrong IMO when you look at the part of the contract they actually cite for it.
i- This can be summed up, don't put another LHN together while we are working with you. Like many things in the legal world, they have to write things with zero wiggle room based on centuries of people being dishonest and hiring lawyers for cases with no legs to stand on.
ii- License any network content to any 3rd party- The content we have bought (UT tier 3 home games) can't be licensed elsewhere. Says nothing about road games which is what a B12 network or Boomer network would use.
iii- Last chance for them to be right.... and they aren't. It's just a loose writing of things to cover loopholes.
So the blog decided that "don't sell your home tier 3 content to anyone else" means "you can't appear on another branded network!"
Lets quickly evaluate what else they commented on.
- UT must get 2 football games!: They only acknowledged a desire to do so. Still subject to B12 & NCAA rules and also the minimum outlined was 1 game. Not accurate at all.
-UT was lying when they said they didn't know ESPN was moving forward with a 2nd league game:
Looks bad but plausible because...
Any decision to broadcast more than two games is subject to mutual decision. Not two, more than two.
It is saying they did not know they were trying to secure it at the time. UT could have been waiting to go about it a different way. Shady but plausible. Definitely the most disturbing thing when you look at it objectively.
-UT going after road game content:
The phrase "reasonable best efforts" is still subject to B12 & NCAA rules. Yawn.
- B12 championships, extra league games, and extra HS games: "Reasonable best efforts" is vague and completely subject to both parties acting within Big 12 and NCAA rules... again. Each entity will have a say in the HS game issue and the Big 12 already handles the Big 12 game issue and will likely handle B12 championship for smaller sport issues in the same way. Pay us Fort Knox or we don't sign off.
-Indy right of first refusal: Taking this to mean UT is going indy is like saying a life insurance policy is written with the intent of dying soon. It is nothing more than covering the bases in a world where TCU is in the Big East after being in the Mountain West. Preparing for anything, in other words.
- The Agreement will live on if UT leaves the conference: ESPN holding on to what they are currently buying. It would be stupid not to have this clause.
-Hire & fire clause: This is a provision to be able to remove a subpar or racist or otherwise offensive employee should UT & ESPN not see eye to eye. The coverage will be favorable already and the media storm (think CBS & Fox would like to give that personality face time in an interview?) will likely keep that in check. Even if it doesn't it's a source you expect bias from. Nobody expects Rush Limbaugh or Keith Olbermann to be moderate and people will likely consider the source.
-Videos to benefit UT: Not a huge deal as watching the LHN is already slanting UT like the B10 network does it's schools. I think this is probably just ESPN locking out competitors from doing UT athletics documentaries but admittedly this is an area I am less sure about than the rest.
-Out clauses. UT has already carved out the minimum # of events. Pretty understandable that ESPN would end it if the content they put as a minimum is not there.
So a ton of sizzle but no real steak. UT looks shady at the "ESPN did this without us" part but it is at least plausible. The UT cannot appear on a B12 network is BS and everything else is pretty much expected but has to stay within B12 & NCAA rules. Nothing more damaging than what was previously reported IMO. However the spin is everywhere.
Most of it comes from The Midnight Yell
They run a commentary I find very misleading.
Example: "This contract prohibits UT from appearing on a league network"
Lets analyze the contract basis and the claim:
Aggy said:
Aggy said:
Dead wrong IMO when you look at the part of the contract they actually cite for it.
i- This can be summed up, don't put another LHN together while we are working with you. Like many things in the legal world, they have to write things with zero wiggle room based on centuries of people being dishonest and hiring lawyers for cases with no legs to stand on.
ii- License any network content to any 3rd party- The content we have bought (UT tier 3 home games) can't be licensed elsewhere. Says nothing about road games which is what a B12 network or Boomer network would use.
iii- Last chance for them to be right.... and they aren't. It's just a loose writing of things to cover loopholes.
So the blog decided that "don't sell your home tier 3 content to anyone else" means "you can't appear on another branded network!"
Lets quickly evaluate what else they commented on.
- UT must get 2 football games!: They only acknowledged a desire to do so. Still subject to B12 & NCAA rules and also the minimum outlined was 1 game. Not accurate at all.
-UT was lying when they said they didn't know ESPN was moving forward with a 2nd league game:
Looks bad but plausible because...
Any decision to broadcast more than two games is subject to mutual decision. Not two, more than two.
It is saying they did not know they were trying to secure it at the time. UT could have been waiting to go about it a different way. Shady but plausible. Definitely the most disturbing thing when you look at it objectively.
-UT going after road game content:
Vague terminology just stipulates they try if it is available. The Big 12 already dealt with it anyway.
The phrase "reasonable best efforts" is still subject to B12 & NCAA rules. Yawn.
- B12 championships, extra league games, and extra HS games: "Reasonable best efforts" is vague and completely subject to both parties acting within Big 12 and NCAA rules... again. Each entity will have a say in the HS game issue and the Big 12 already handles the Big 12 game issue and will likely handle B12 championship for smaller sport issues in the same way. Pay us Fort Knox or we don't sign off.
-Indy right of first refusal: Taking this to mean UT is going indy is like saying a life insurance policy is written with the intent of dying soon. It is nothing more than covering the bases in a world where TCU is in the Big East after being in the Mountain West. Preparing for anything, in other words.
- The Agreement will live on if UT leaves the conference: ESPN holding on to what they are currently buying. It would be stupid not to have this clause.
-Hire & fire clause: This is a provision to be able to remove a subpar or racist or otherwise offensive employee should UT & ESPN not see eye to eye. The coverage will be favorable already and the media storm (think CBS & Fox would like to give that personality face time in an interview?) will likely keep that in check. Even if it doesn't it's a source you expect bias from. Nobody expects Rush Limbaugh or Keith Olbermann to be moderate and people will likely consider the source.
-Videos to benefit UT: Not a huge deal as watching the LHN is already slanting UT like the B10 network does it's schools. I think this is probably just ESPN locking out competitors from doing UT athletics documentaries but admittedly this is an area I am less sure about than the rest.
-Out clauses. UT has already carved out the minimum # of events. Pretty understandable that ESPN would end it if the content they put as a minimum is not there.
So a ton of sizzle but no real steak. UT looks shady at the "ESPN did this without us" part but it is at least plausible. The UT cannot appear on a B12 network is BS and everything else is pretty much expected but has to stay within B12 & NCAA rules. Nothing more damaging than what was previously reported IMO. However the spin is everywhere.
