Michigan/Nike Contract-Activity Tracking

Submitted by skurnie on

I stumbled on this article on Twitter and thought it would be worth a share here.

Basically, the Michigan/Nike contract has a section in it called "Activity-Based-Information", which tracks physical performance (think Fitbit/fuel bands, etc). Quote below:

"And Michigan grants to Nike the “right to utilize . . . Activity Based Information . . . in all media including, but not limited to, the worldwide web and other interactive and multimedia technologies, in connection with teh manufacture, advertisng, mareting, promotion and sale of Nike products and Digital Features and programming [which use shall be] on an aggregated, anonymous and de-identified basis and otherwise in compliance with [Big Ten, NCAA, and Michigan] regulations.”"

So Michigan is selling athletes performance metrics to Nike? Maybe the MGoLawyers will read this differently, but is that legal without the consent of the athletes even though they are aggregated and anonymous? That's still a ton of data. 

Hardware Sushi

August 31st, 2016 at 10:52 AM ^

In the pharmaceutical world, aggregated and deidentified patient data can be used or disseminated without patient consent, payment, etc.

I imagine this (non) issue is relatively the same.

WolvinLA2

August 31st, 2016 at 10:54 AM ^

I see more of "is that even legal" on MGoBlog than anywhere else. These are two huge institutions - University of Michigan and Nike - so if they've decided to do it, can we just assume it's legal? There are enough lawyers between those two that if this wasn't legal, someone would have figured it out before the MGoBoard does.

Hardware Sushi

August 31st, 2016 at 11:08 AM ^

Neither student athletes nor employees automatically own records of performance and as long as sharing that data doesn't violate any privacy laws, such as HIPAA, FERPA, etc., there likely isn't any issue with aggregated and deidentfied data.

And, you know, like WolvinLA said, they probably hired a couple law school interns or something to go over the contract before signing it.

skurnie

August 31st, 2016 at 11:22 AM ^

To be clear, I'm only the messenger. Since you did not read the actual article, here is another quote:

"Michigan sold its player’s data, without even telling the players, or getting authorization. (The SAS signed by the player by no means makes it clear that such data is surrendered by the playeer; nor do pertinent NCAA bylaws.)  In the professional leagues that sale of data would never have occurred without having the issue collectively bargained — and, most likely, with both parties agreeing to some split in the revenues apportioned to the value of that data"

 

Hardware Sushi

August 31st, 2016 at 11:41 AM ^

You're more than a messenger as it seems like you are pushing a particular angle. That "quote" if from the body of the blog post, not a quote from some purported expert.

And yes, I didn't read the entire Brewonsouthu wordpress post. Because it was a wordpress post you said you found on twitter. Instead of using my own experiences and my brain, I should've known its proprietor, one William Wilson, was an expert on contract, privacy, and data law.

I should've known that a blog with a header byline that says "OSU's Startling Suspension of JT Barrett's Scholarship is Evidence of Employee Status" and an incoherent About page should be taken very seriously and everything written therein as fact.

Hardware Sushi

August 31st, 2016 at 11:51 AM ^

This is your writing at the top of the page:

"Maybe the MGoLawyers will read this differently, but is that legal without the consent of the athletes even though they are aggregated and anonymous? That's still a ton of data."

Usually when someone asks an opinion with a slanted question like that and then argues with what people who have experience in the relevant area tell them, they don't actually want to know the answer. That's what I mean by you have an angle.

Either that or you are Bill Wilson. Congrats on your success, Bill!

skurnie

August 31st, 2016 at 12:08 PM ^

+1, My phrasing wasn't great there, agreed. I'm not an attorney but do have a bit of experience with disclosures (like you, but in a different industry) and data.

Maybe Bill Wilson is a crackpot, I didn't dig into his background before posting this. It's not that hard to find my real name, but I'm not him. 

Hardware Sushi

August 31st, 2016 at 12:25 PM ^

That's fair. I do agree that it's an interesting part of the contract and I was unaware they were actively using this type of data.

Make sense once I think about it - if there's any sort of data, someone is trying to use it.

Blusqualo

August 31st, 2016 at 11:04 PM ^

... ... Sorry, I had to wipe a tear from my eyes.. I was just envisioning poor student athletes with that "arms of angel" song in the background. Those poor kids can't even play with guns either. Most can't drink to their senior year or after they graduate. Me and some of my buddies got to play with guns for 4 years, and were 21 - 23 as freshmen, so we could drink all through college, and nobody else benefitted from our hard work.

Hab

August 31st, 2016 at 11:12 AM ^

The short answer to your question is, no.  Quite possibly the opposite.  The more lawyers that are involved, the more likely it is that someone has come up with a half-plausible reason why something isn't illegal--not legal mind you, but not illegal.

Yes the lawyers have an incentive to comply with whatever applicable laws and regulations that might exist to prevent having to incur legal fees down the road, but more than anyhting, these lawyers are tasked with doing whatever is best for their respective clients, generallly by dividing up who shoulders what risk in the event of something unforeseen.  Contract negotiations don't necessarily involve a period for both parties to review for external legal problems after a deal is struck.  Generally, once a tentative deal is reached, you get it on paper and a pen in the client's hand to sign the damn thing as fast as possible so someone doesn't change their mind.

Farnn

August 31st, 2016 at 11:14 AM ^

These are NCAAA student-athletes you're talking about, you really think they didn't sign away those rights along with everything else?

ldevon1

August 31st, 2016 at 11:41 AM ^

They have been wearing Nike for a month, and haven't played a game yet. I took it as a marketing, advertising tool. Whatever, I'm sure no animals were hurt or injured in this process. 

 

By the way, what happened to my avatar? 

Go_Blue2

August 31st, 2016 at 3:53 PM ^

I've decided to post this question in every thread to see if I can get a response from someone. Can someone help me with figuring out how to verify CAPTCHA on the iPhone app??? Please?!?!?