The moment that the NCAA was forced to allow athletes to earn financial compensation tied to them being eligible and playing, their ability to unilaterally enforce this stuff was doomed.
This now more closely resembles employment law because of the financial and trade issues at play. A major part of the Chambliss argument was the loss of millions as a result of the NCAA’s decision (along with medical documentation issues).
A collective bargaining agreement of some kind feels inevitable. Let the players formally adopt the role they are effectively already playing. Draft a labor agreement that governs all of this stuff and remove the scattershot legal cases that are bleeding the system to death right now.
Yes, universities that have been tax-exempt will have IRS issues to navigate. But that may also accelerate a needed evolution in big time, big money athletics. I don’t pretend to know that answer, but things need to change for major college football to survive.
FWIW:
No one forced the teams/programs to create the current pay-for-play system.
What they WERE compelled to do (VERY much "Cliff's Noted"):
1) Not limit educational benefits (The "Alston" SCOTUS case)
College sports leadership's response was to pay all the athletes a chunk of money (around $6,000 per year IIRC) in exchange for an agreement from both sides to call it a day.
Bad move.
2) Provide, if they chose to, "revenue sharing payments" - the current $21 million-ish limit - to athletes.
Most of the big boys immediately decided to do that - to the full amount - and distribute that primarily to Football and men's BB players. That was entirely of their (the programs) own volition. They didn't have to, but they did.
(Personally, I think consistent and controlled revenue sharing makes sense - given the way the sports have evolved over time. And they were free to do so in any manageable system of their design. But doing so was their call.)
MOST impactfully - and what really created the massive FUBAR - they (the programs) then chose to open the gigantic Pandora's Box - initiating bidding wars of NIL (which, of course, really had nothing to do with "N" "I" and "L" - just straight out bidding wars for players), co-opting with "collectives" and all sorts of craziness.
They did that. They chose to do that.
Why? It seems pretty clear: due to massive egos and microscopic common sense.
And now it is what it is.