A lot of the stuff we've covered here (in the sensible discussions) is touched on in there and commented on by the various players in this particular game.
I think the telling comments are from Gene Smith:
They see this new environment as a threat to their existing business model so they have a choice, adapt the model or fight it. They are clearly going to take the fight it approach and they know they are overstepping but willing to just fight it out in court. I've seen this in business so many times it's not even funny. It's like the cab companies trying to use their lobby to block Uber and Lyft. They had the same adapt/fight choice and because they couldn't adapt they went the other way and it generally doesn't work out (to put it mildly).
In this particular case they are going into the teeth of anti-trust laws and I, personally, think that should be more openly discussed and framed properly in these discussions. You have a relatively small number of "owners" in an industry (college sports) openly colluding to restrict a segment of the populations ability to earn fair market value for their work. I know some people are concerned about the "jock sniffer" element these collectives could bring out of the woodwork and that's debatably valid but it pales in comparison to the attack on the principles of a fair, open market. In addition, given the current movements in popular culture towards a more inclusive and diverse society, I find it incredibly ironic that there isn't a much louder voice of alarm being raised given that the population segment being colluded against here is predominantly young, poor African Americans.
I understand Day and Hartline et al are coming from a football coaches perspective; just make consistent rules and we'll follow them. I understand that most people are fine with kids making NIL money but the issue comes down to the organizations not being able to pick and choose when kids get to make that money, or how, just because it isn't suitable for their existing business model. The good intentions of trying to "save" college football is empty rhetoric. Even if those intentions are legitimate (which I highly doubt at the AD/University level), good intentions don't allow you to break the law and back to anti-trust we go.
Just my .02