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NCAA Sam Keller vs. EA Update (Patent Arcade)

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Old 02-15-2010, 11:47 AM   #17
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if he wins this case it goes beyond just a video game. Then basically either the NCAA has to pay players (which opens up pandora's box and ruins college sports) or the NCAA will just stop putting anything with players on anything. That means selling jerseys with a current player's number, posters with player's pictures, and basically anything else because those can be considered based on player's likenesses just like the video game.
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Old 02-15-2010, 12:26 PM   #18
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Re: NCAA Sam Keller vs. EA Update (Patent Arcade)

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Originally Posted by JerseySuave4
if he wins this case it goes beyond just a video game. Then basically either the NCAA has to pay players (which opens up pandora's box and ruins college sports) or the NCAA will just stop putting anything with players on anything. That means selling jerseys with a current player's number, posters with player's pictures, and basically anything else because those can be considered based on player's likenesses just like the video game.
That's not going to happen, there's a reason he decided to go after EA and not the NCAA. As we're witnessing he has a legitimate chance of winning against EA, the same can't be said against an educational institution.

Against EA he can (and will) make the argument that a publicly traded company is profiting off his likeness without his permission, the same can't be said for the NCAA. He was offered a chance at a free education from two major universities, something that costs the average person tens of thousands of dollars.

If he were to go after the NCAA, all they'd do is show him the bill for what he would've paid in tuition, books and housing adjusted for inflation with interest (since I doubt he was smart enough to get academic scholarships and would've taken out loans) and his lawsuit goes away quietly.

Last edited by prowler; 02-15-2010 at 12:29 PM.
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Old 02-15-2010, 02:07 PM   #19
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Quote:
Originally Posted by prowler
That's not going to happen, there's a reason he decided to go after EA and not the NCAA. As we're witnessing he has a legitimate chance of winning against EA, the same can't be said against an educational institution.

Against EA he can (and will) make the argument that a publicly traded company is profiting off his likeness without his permission, the same can't be said for the NCAA. He was offered a chance at a free education from two major universities, something that costs the average person tens of thousands of dollars.

If he were to go after the NCAA, all they'd do is show him the bill for what he would've paid in tuition, books and housing adjusted for inflation with interest (since I doubt he was smart enough to get academic scholarships and would've taken out loans) and his lawsuit goes away quietly.
That's actually a false point of view on this lawsuit. First, Keller is simply the defendant named in the lawsuit, but it has support from many former NCAA athletes who didn't make the big time. There are actually a couple of other suits out there that are pretty much the same as Keller's. This won't go away anytime soon. Also, the scholarships do not matter whatsoever when discussing this. It'd be like trying to argue whether the light was on or off during a robbery, it's really irrelevant to the entire case of "Did person z rob person y of item x".

What is in question is should EA and the NCAA be allowed to use strikingly similar player likenesses in video games which both profit off of without the players permission or without any of those licensing fees going back to the player. It is, in a lot of ways, the same thing as the Ed O'Bannon case. Unless the NCAA has players sign their likenesses away when they play college sports, both EA and the NCAA could be in serious hot water here.
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Old 02-15-2010, 03:53 PM   #20
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I wish someone had given me a scholarship for grad school. I would have kept my mouth shut and enjoyed the ride.
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Old 02-15-2010, 04:37 PM   #21
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**** that guy damn u sam keller for ruining everything bro. Now ea can't even focus on making ncaa basketball 11 geez. ****ing cornhuskers LOL
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Old 02-15-2010, 05:10 PM   #22
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Forgive me for being captain negative, but to me it doesn't even matter anymore since EA has put out nothing but grap for 5 years now on next gen systems in my opinion.

Finally, Madden is starting to come around. Unless NCAA 11 is much better than in years past, then I'm done with that series. Adios NCAA Basketball series, I will not miss you.
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Old 02-15-2010, 05:11 PM   #23
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lol i said grap. CRAP
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Old 02-22-2010, 11:40 PM   #24
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If this happens, and likeness is removed, i think it would simply just be a pain in the azz. EA could still have the EA locker thing im sure, and have the same guys that do the player ratings and likeness post on some website not connected to EA on how to create the rosters yourself, right? Im not sure if that could happen but...
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