Maybe I wasn't clear earlier.
You indicated that in a court of law, there would be a difficulty establishing that any entity or individual induced (recruited) a player to come to a certain school in exchange for a promotional/business deal. I'd tend to agree with that conceptually.
My point merely was that what can be proven in court and the various evidentiary standards that exist, are very, very different from the current NCAA investigation/system that can sanction a school based on what amounts to very informal investigations and standards. Ultimately, the question facing schools is not what can the NCAA prove in court, but rather what findings and conclusions and punishment can the NCAA levy in a very different setting. Hence why I suggested that court doesn't matter in this context.