Opening a website with his likeness/fame as a football player promoting a business. Wasn't that you who looked up the date it went online and the rules regarding it? I'm suddenly confused.
OK...let's back up (we'll start with Dec. '07):
Dec. 07: JJ is on the Bama team, still eligible
March 08: JJ registers the website (who knows how long he's been selling them), still eligible
June 08: JJ is arrested, thrown out of school...ineligible.
Yeah, the website would trigger a forfeiture of his eligibility...but only if he's caught. The fact that he hasn't played in a game since would not matter. He became a student-athlete when he enrolled at Bama, he broke the rules in March 08 (for the sake of this discussion, the website will be the rule-breaking event), and he is officially ineligible now because he's been thrown out of school.