The argument from the Big XII isnāt that ESPN talked to the schools, itās that ESPN talked to the schools for the express purpose of voiding a contract that theyāre a party to.
This letter is geared at the SEC vote tomorrow. The torturous interference claim is essentially to send a message to current SEC members that they are about to be embroiled in a lawsuit.
Otherwise why would he be bent out of shape that AAC is courting his members, unless ESPN is offering 20+ million dollars per team to combine the leagues.
He is worried about the burglar who is taking the remote than the one whose loading the 100ā big screen TV on his truck.
Ultimately, cooler heads will prevail and ESPN will come to some sort of arrangement with the big 12 and put it out to pasture.
Devil is in the details. But if the Big 12 can argue that it was more about hurting them than about helping us, they may have a case. If they can demonstrate that ESPN played an active rather than an advisory role, they may have a case.
On the other hand, if we approached ESPN and said āWe want to do this thing. If we did this thing would you be willing to renegotiate our contract?ā and ESPN said āSureā then ESPN is completely in the clear.
The same applies to UT-OU-SEC. If ESPN set up a meet, they could be liable. But if they just answered some questions about what bringing in UT and OU would mean in terms of contracts, theyāre fine.
My guess is that ESPN did not have to tell UT, OU, and SEC that it would be an immensely profitable move. Iām sure they were consulted, but they didnāt need to talk anyone into anything.
I can see how calling up WVU unsolicited and suggesting that they act against the interests of their business partner could cross a line. Or is in iffy territory at least. Different than answering some questions the AAC has about what would happen if WVU joined the conference, or which Big 12 teams they should target.
I doubt the Big 12 has enough to take them to court, but ESPN should probably step back.
There is a little merit in the claim. If A and B have a contract and A does something trying to get out of the contract. Thereās a contract performance issue. I donāt think it will go anywhere but itās fun to watch.
If itās simply that they talked to the AAC about it, then there is no problem on ESPNās end. Unless they can demonstrate that ESPN initiated the talk, perhaps, and I cannot imagine that they would be able to show that. Which is why I think the rumor that they reached out to a Big 12 school is the thing.
But reading over the letter, it doesnāt seem to say that (or imply it). That was something Ross said independent of that letter. So I dunno.