Tell Me About Texas a&m

[Bevo14 8355]

13 minutes ago, Randolph Duke said:

Remember back when my 12th Man story was picked up by the Wall St Journal? That, and Seattle in the Super Bowl caused aggy administrators to panic and look for anything they could to bolster their claim to the trademark. Brad Marquardt was (allegedly) told to handle the issue. Brad Marquardt is/was one of the aggy school employees responsible for marketing, or fairy tales, or whatever.

One of the things Marquardt (allegedly) did it take a manuscript about the subject submitted by a writer to the athletics department for pre-publication comments, have his secretary retype the writer's work into A&M's computer files without the copyright info, and then he (allegedly) sent the manuscript to 350,000 alumni.

Marquardt was sued by the writer as was the school. The school is claiming sovereign immunity. That issue is still outstanding. Marquardt was denied sovereign immunity protections. He appealed. His appeal was denied.

As it stands, Marquardt is still personally liable for copyright infringement damages which under DMCA can start at $2,500 per incident. Multiply $2,500 by 350,000. Whether A&M can hide behind sovereign immunity is the other case the 5th Circuit heard in July. That decision should be out shortly.

[Randolph Duke 4034]

4 minutes ago, Jshep34 said:

Lol

Sent from my SM-G960U using Tapatalk
 

Personally, I don't give a shit if a university provides remedial Boy Scout training. Most respected universities that care check for "public service" as part of the pre-acceptance evaluation.

I point out that academic instruction, the raison d'être of any undergraduate institution (other than aggy, evidently) isn't anywhere to be found in the metrics Washington Monthly uses to determine its rankings.

So if you don't care about education, but you want to concentrate on remedial Boy Scouts, these rankings are for you.

"We rank four-year schools (national universities, liberal arts colleges, baccalaureate colleges, and master’s universities) based on their contribution to the public good in three broad categories: social mobility, research, and providing opportunities for public service." https://washingtonmonthly.com/2020college-guide

[Randolph Duke 4034]

And the other decision is out. A&M can't be sued.

https://www.reuters.com/legal/transactional/texas-am-escapes-copyright-claims-5th-circ-over-12th-man-story-2021-09-09/

Texas A&M escapes copyright claims at 5th Circ. over 12th Man story

(Reuters) - Texas A&M University is immune from a sportswriter's claims that it infringed his copyrights by publishing a story he commissioned about the school's "12th Man" ethos without permission, the 5th U.S. Circuit Court of Appeals has ruled.

As an arm of the state of Texas, the state school's athletic department has sovereign immunity from Michael Bynum's claims, U.S. Circuit Judge James Graves wrote for a unanimous three-judge panel on Wednesday.

Bynum's lead attorney Elaine Goldenberg of Munger, Tolles & Olson didn't immediately respond to a request for comment, nor did A&M or the Office of the Texas Attorney General, which represents the university in the case.

In 1922, A&M athlete E. King Gill was called to suit up for the school's football team when it nearly ran out of reserve players due to injuries, becoming its "12th Man."

 

"Today, the 12th Man tradition is a symbol of the Aggies' unity, loyalty, and willingness to serve when called upon to do so, and is woven into many aspects of life at A&M," Bynum said in his 2017 complaint. The school also owns a trademark covering the term.

Bynum, a Birmingham, Alabama-based author, commissioned a short biography of Gill from sportswriter Whit Canning for a book about Gill and his impact on the school's football program. Bynum contacted Brad Marquardt, a media rep for A&M's athletic department, in 2010 for photographs to use in the book, and included a draft in his email.

In 2014, Marquardt allegedly had the story copied to use in fundraising efforts, removed any references to Bynum, changed the title, and altered the byline to suggest that the College Station, Texas school commissioned Canning's work.

In the three days before Marquardt took it down, the department promoted the story to "hundreds of thousands" of social media followers and subscribers to its e-newsletter, destroying the market for Bynum's book, according to his complaint.

 

Bynum sued Marquardt and A&M's athletic department in Houston federal court in 2017 for copyright infringement and allegedly violating parts of the U.S. and Texas constitutions.

U.S. District Judge Andrew Hanen decided in 2019 that the athletic department couldn't be sued separately from the school, and that the university had sovereign immunity from Bynum's copyright claims.

After the Supreme Court decided last year in Allen v. Cooper that North Carolina was immune from a filmmaker's copyright claims, Hanen dismissed the case against all defendants except Marquardt.

On appeal, Bynum argued among other things that the athletic department wasn't immune from the claims because it "operates with total financial independence" from the state.

 

But Graves, joined by Chief Circuit Judge Priscilla Owen and Circuit Judge Jerry Smith, said sovereign immunity applied because the department is run by the school and can't sue or be sued in its own name, among other things. Bynum also failed to show that the department, not the state, would have to pay for any judgment against it.

The panel also rejected Marquardt's challenges to the claims against him in a separate opinion.

The cases are Epic Sports v. Texas A&M University Athletic Department, 5th U.S. Circuit Court of Appeals, No. 20-20503; and Epic Sports v. Marquardt, 5th U.S. Circuit Court of Appeals, No. 20-20530.

For Bynum: Elaine Goldenberg of Munger, Tolles & Olson

 

For A&M and Marquardt: Melissa Mather of the Texas Office of the Attorney General

[DeadArmadillo 907]

A&M has only played 13 games since then, and got the absolute shit kicked out of them the week after said Georgia game, 50-7 by LSU (a team that we only lost to by 7 points).
They only beat three teams with a winning record last year, and one of those teams fired its coach. Those teams were a combined 22-13 (62.8%), so it isn't like they were world beaters. Seems like yet another fucking stupid thing to brag about. 
Fuck aggy.

My wife hasn’t had sex with anyone else but me since we got married 22 months ago

Except that night last summer when she was gangbanged by every living member of the Wu-Tang Clan

And this past St. Patrick’s Day when she let a minor league hockey team run a train on her

But that’s it. She’s mostly been true to me

[Deej 76858]

5 hours ago, ousux said:

His money in collie station is guaranteed even if he goes full Peter from Office Space

Damn. Someone needs to make a gif with Jimbo pushing over the Kyle Field implosion while eating cheetos and playing Tetris. 

[Deej 76858]

1 hour ago, Randolph Duke said:

As an arm of the state of Texas, the state school's athletic department has sovereign immunity from Michael Bynum's claims, U.S. Circuit Judge James Graves wrote for a unanimous three-judge panel on Wednesday.

 

[South Austin 52523]

6 minutes ago, Deej said:

 

Where’s Murtaugh when you need him?

[Deej 76858]

[Updawg 2280]

Stupid question but does every state get to use sovereign immunity?
Does it stop at the state level? I assume city gov etc can’t use it as well?

[Deej 76858]

Doesn't matter. The way aggy spends money they don't have, they are probably judgment proof. 

"We have some Klan robes and horse paste."

[Randolph Duke 4034]

14 minutes ago, Updawg said:

Stupid question but does every state get to use sovereign immunity?
Does it stop at the state level? I assume city gov etc can’t use it as well?

11th Amendment. Yes, every state. Only to the states. 

But all kinds of exceptions apply as well as other protections granted to municipal governments. 

[ousux 5601]

They recognize the format that Kyle umlang guy uses, but are trying to fit different data into it.

When they have to use losses to make their point..seems they've already run out of material.

[Treefidy 1469]

2 hours ago, DeadArmadillo said:

My wife hasn’t had sex with anyone else but me since we got married 22 months ago

Except that night last summer when she was gangbanged by every living member of the Wu-Tang Clan

And this past St. Patrick’s Day when she let a minor league hockey team run a train on her

But that’s it. She’s mostly been true to me

Your wife sounds like a hoar 

[Jkwellborn 6714]

My wife hasn’t had sex with anyone else but me since we got married 22 months ago

Except that night last summer when she was gangbanged by every living member of the Wu-Tang Clan

And this past St. Patrick’s Day when she let a minor league hockey team run a train on her

But that’s it. She’s mostly been true to me

Let me guess, if we must know, they didn’t cum in her because she thinks it’s disgusting. Isn’t that right, Dr. Stu?

[deadshank 24653]

3 hours ago, Randolph Duke said:

Remember back when my 12th Man story was picked up by the Wall St Journal? That, and Seattle in the Super Bowl caused aggy administrators to panic and look for anything they could to bolster their claim to the trademark. Brad Marquardt was (allegedly) told to handle the issue. Brad Marquardt is/was one of the aggy school employees responsible for marketing, or fairy tales, or whatever.

One of the things Marquardt (allegedly) did it take a manuscript about the subject submitted by a writer to the athletics department for pre-publication comments, have his secretary retype the writer's work into A&M's computer files without the copyright info, and then he (allegedly) sent the manuscript to 350,000 alumni.

Marquardt was sued by the writer as was the school. The school is claiming sovereign immunity. That issue is still outstanding. Marquardt was denied sovereign immunity protections. He appealed. His appeal was denied.

As it stands, Marquardt is still personally liable for copyright infringement damages which under DMCA can start at $2,500 per incident. Multiply $2,500 by 350,000. Whether A&M can hide behind sovereign immunity is the other case the 5th Circuit heard in July. That decision should be out shortly.

No. I don’t remember. 

[pacman 7365]

2 hours ago, DeadArmadillo said:

My wife hasn’t had sex with anyone else but me since we got married 22 months ago

Except that night last summer when she was gangbanged by every living member of the Wu-Tang Clan

And this past St. Patrick’s Day when she let a minor league hockey team run a train on her

But that’s it. She’s mostly been true to me

Jimbo, that you?

Edited September 10, 2021 by pacman

[Cairn Horn88 8277]

1 hour ago, Deej said:

 

Can decision be appealed?

[Deej 76858]

13 minutes ago, pacman said:

Jimbo, that 

"And this past St. Patrick’s Day when she let my football team run a train on her and Sloneal was too late to join the party, so it wasn't the entire team"

[Randolph Duke 4034]

Just now, Cairn Horn88 said:

Can decision be appealed?

To the Supremes. Not likely to happen. 

But it at least looks like the aggy administrator is going to get nailed for a few million in damages. I think aggy’s insurance police for this stuff is for $5mil. I assume they will settle for around that amount, the school will indemnify the employee and insurance pays the writer. 

[Enchubben 5510]

20 minutes ago, Randolph Duke said:

To the Supremes. Not likely to happen. 

But it at least looks like the aggy administrator is going to get nailed for a few million in damages. I think aggy’s insurance police for this stuff is for $5mil. I assume they will settle for around that amount, the school will indemnify the employee and insurance pays the writer. 

Seems like a pretty sweet deal for aggy. Steal this guys work, pretend it’s your own, hide behind sovereign immunity and insurance pays out the author. Rinse and repeat with new, more expensive insurance policy next go around.

[NeverMarryAStripper 21912]

So won’t the same thing happen in 9 years when Jimbo sues under his fully guaranteed contract after he has received several more raises and extensions, but finally gets canned because they never got to fill in the date on his 202_ fake “natty” plaque?

[jTower 236]

5 hours ago, DeadArmadillo said:

My wife hasn’t had sex with anyone else but me since we got married 22 months ago

Except that night last summer when she was gangbanged by every living member of the Wu-Tang Clan

And this past St. Patrick’s Day when she let a minor league hockey team run a train on her

But that’s it. She’s mostly been true to me

So you’re married to South Austin’s mom?

[Blotto 23560]

13 hours ago, NeverMarryAStripper said:

Advance to the rear!

thats a risky battle cry when there's a bunch of aggy milling  around. 

 

[Elmer_Fudd 22306]

 

[Sir Ulrich 5188]

From a 247 poster so obviously take with a grain of salt 

[TrashMaster G 17581]

1 hour ago, Sir Ulrich said:

From a 247 poster so obviously take with a grain of salt 

I very much doubt this happens.

Having said that, PLEASE let it happen.  aggy tears would be glorious.

[Mikey4 2476]

11 minutes ago, TrashMaster G said:

I very much doubt this happens.

Having said that, PLEASE let it happen.  aggy tears would be glorious.

It would still be awesome if he tried to bolt, and aggy was forced to make some outrageously ridiculous offer to get him to stay at A&M.

 

Oh wait that just happened

Edited September 11, 2021 by Mikey4

[Blotto 23560]

44 minutes ago, TrashMaster G said:

I very much doubt this happens.

Having said that, PLEASE let it happen.  aggy tears would be glorious.

Hearing Lucci spin that would be lulzworthy. Yeah, he would come up with some fucktarded rationale, and ultimately the flock would step in line, but the damage to their collective psyche would be devastating. They are all-in. 

 

Edited September 11, 2021 by Blotto

[Vertigo 20298]

3 hours ago, Sir Ulrich said:

From a 247 poster so obviously take with a grain of salt 

I find it really hard to believe Jimbo would leave for LSU. At best he achieves the level of freedom and power that he has at aggy now, and that is if he plays it perfectly. He would have talent on lock, but that is about his only plus in the move.

[Henry Hill 3156]

4 hours ago, Elmer_Fudd said:

 

[billfromlaketravis 11520]

3 hours ago, Sir Ulrich said:

From a 247 poster so obviously take with a grain of salt 

Honestly, I think Jimbo is less dangerous at Aggy. A competent coach and recruiter at LSU is a lethal combination. 

[billfromlaketravis 11520]

I get the Napier concerns at LSU. Texas just got scorched by a young mid major coach that LSU attempted to hire. 

Napier feels like the safe hire. Jimbo feels like a home run for them. 

After hiring Oeaux and winning a chapionship, I wouldn't expect an outside the box hire like Sark from LSU. They should hire Joe Brady. 

[Wax Beer Cup 382]

Not sure if link will work, but how the fuck are we about to be intertwined with this shit again?  JFC

https://fb.watch/7Y0H1euQTj/

[billfromlaketravis 11520]

12 minutes ago, Wax Beer Cup said:

Not sure if link will work, but how the fuck are we about to be intertwined with this shit again?  JFC

https://fb.watch/7Y0H1euQTj/

Better yet, watch them do it on the steps of the Capitol. Because precedent. 

[deadshank 24653]

5 hours ago, Wax Beer Cup said:

Not sure if link will work, but how the fuck are we about to be intertwined with this shit again?  JFC

https://fb.watch/7Y0H1euQTj/

Why would any person watch some overall-wearing clown pace back and forth, perform odd leg kicks and other strange calisthenics all while shouting repetitive nonsense into a microphone?
 

At midnight. 

[Leanderman 2275]

If the game is in Boulder, why are these dorks in Denver?

[Enchubben 5510]

3 minutes ago, Leanderman said:

If the game is in Boulder, why are these dorks in Denver?

Game was moved to Broncos stadium.

[Duane Moore 5248]

If I’m Jimbo, I don’t leave the kind of job security and payout he has suckered aggy into for less than 7 years at $10 million per year guaranteed. In today’s world of Monopoly money for coaches, however, LSU just might do that, and it would be glorious to watch. 

[GTX Horn 1709]

I really don’t get the Jimbo to LSU rumors. He’s getting paid a shitload of money at aggy, they treat him like a god despite not having any better achievements during his tenure than Kevin Sumlin. LSU fans would be a much more demanding bunch. He can practically coast the rest of his career at aggy without winning anything and they’d still deify him

[Randolph Duke 4034]

21 minutes ago, GTX Horn said:

I really don’t get the Jimbo to LSU rumors. He’s getting paid a shitload of money at aggy, they treat him like a god despite not having any better achievements during his tenure than Kevin Sumlin. LSU fans would be a much more demanding bunch. He can practically coast the rest of his career at aggy without winning anything and they’d still deify him

Jimbo is enuf of a dumbfuck West Virginia redneck to think he can sniff the jock of the other West Virginia redneck head coach in the S!E!C!

Jimbo wants to win at least one more championship and by now he realizes why that will never happen at Texas A&M. 

He’s playing with house money after his A&M gig. Now it’s for bragging rights. And Texas A&M is a joke, not something you brag about. 

He would jump in an instant. 

[CHIEF 5094]

2 hours ago, GTX Horn said:

I really don’t get the Jimbo to LSU rumors. He’s getting paid a shitload of money at aggy, they treat him like a god despite not having any better achievements during his tenure than Kevin Sumlin. LSU fans would be a much more demanding bunch. He can practically coast the rest of his career at aggy without winning anything and they’d still deify him

Jimbo is aggy's Kirk Ferentz. More often than not, he will have them respectable, without ever winning anything of importance. They have sunk so much money into him they will never admit their bad decision and will gradually become comfortable with always being the Bridesmaid but never the Bride.

CHIEF

[Bevo14 8355]

2 hours ago, GTX Horn said:

I really don’t get the Jimbo to LSU rumors. He’s getting paid a shitload of money at aggy, they treat him like a god despite not having any better achievements during his tenure than Kevin Sumlin. LSU fans would be a much more demanding bunch. He can practically coast the rest of his career at aggy without winning anything and they’d still deify him

He's a sitting natty winning corch. That's enough to have a lifetime contract at aggy. FUPM missed out.

Edited September 11, 2021 by Bevo14

[Caver60 395]

Match made in heaven. Jimbo will always demand more money, and victory-starved aggy will always ante up for their football program. I don’t think he leaves either.

On the other hand, if Jimbo thinks that some sort of Sabanesque legacy is what he wants, LSU it is. That’s the only thing I can conceive of that would pull him away.

[Rockwell Torrey 1294]

4 minutes ago, Caver60 said:

Match made in heaven. Jimbo will always demand more money, and victory-starved aggy will always ante up for their football program. I don’t think he leaves either.

On the other hand, if Jimbo thinks that some sort of Sabanesque legacy is what he wants, LSU it is. That’s the only thing I can conceive of that would pull him away.

Compared to the Madoffesque legacy he has at CS sans the accountability?  If he wins at least 8 every year he’ll continue to deal hope to a fan base addicted to hope.  They’ll continue to meet him on the corner every couple days and buy those packets of hope.  It is a good gig.

[Handcruser 2805]

I think with the Texas addition to the SEC, he’s going to see an easier path to win at LSU.

Sure, he’s got easy money at aggy. But if you do t think the boosters will step up to get him at LSU you’re crazy.

Additionally, he and Scott are tight. Having an AD that you trust and work well with is critical….as we’ve all seen over the past 10 years.

He also has history at LSU.

If he gets the call, he’ll go. And it will be his last coaching gig.

[DFW Horn 6133]

11 minutes ago, Handcruser said:

He also has history at LSU.

If he gets the call, he’ll go. And it will be his last coaching gig.

The tsunami of aggy tears will be worth it. Let it be so, sweet baby Jesus.

[Longboard Horn 40397]

Us and the gooners coming into the conference to ruin aggy recruiting and Jimbo bolting for LSU... OMG I'M ECSTATIC!! aggy will become a punching bag once again. The next few years will be glorious for everyone (except aggy).

[mchookem 16342]

10 hours ago, Wax Beer Cup said:

Not sure if link will work, but how the fuck are we about to be intertwined with this shit again?  JFC

https://fb.watch/7Y0H1euQTj/

good lord they are some weird motherfuckers 😳

no i do not understand it and i hope i never have to. freaks.

[Jimbob 423]

1 hour ago, Caver60 said:

Match made in heaven. Jimbo will always demand more money, and victory-starved aggy will always ante up for their football program. I don’t think he leaves either.

On the other hand, if Jimbo thinks that some sort of Sabanesque legacy is what he wants, LSU it is. That’s the only thing I can conceive of that would pull him away.

This is about right.   If he was just about the money he will flirt with LSU and get aggy to up the pay to 15M/10yr.  
But he still lives below his means, above ground pool style.

So the competitive side of him probably wins out and he could have a real shot at another title at LSU, something he has to realize will never happen in his current gig.  

[Rip76 4946]

Does Colorado have a prayer here?  I know nothing about this Colorado squad.