The steps taken by Backbreaker to avoid an NFL lawsuit

[LeonM]

It's pretty obvious by now that the designers of this game did everything that they could to cover themselves from an NFL lawsuit. Natural Motion and 505 simply do not have the resources to fight an NFL lawsuit. Natural Motion also probably didn't want to step on The NFL or EA's toes in case there is a chance that there could be a working relationship with them in the future.

Look at the steps that were taken to avoid causing problems with The NFL and EA.

The player models. Everything seems to have been done in this area to avoid challenges that Backbreaker was using NFL player likenesses to sell their game. All the players in BB have visors. Natural Motion covered themselves here. There are going to be thousands of players in Backbreaker and while the user can choose different builds for each position. The only modifications that can be made is skin tone, player height and weight. All of this to avoid violating copyright laws when it comes to player likeness.

Name restriction in online mode. The makers of Backbreaker went to great lengths to make sure that user could not use NFL player names in online mode. Offline is free game and any pro or college league team or player can be created but in online. There are restrictions. In the recent conference call, This area was covered. The makers of the game state that they made player naming as flexible as possible without actually using an NFL name that would be NFL property. It looks like Peyton Manning becomes Payton Mannning online. The comparison between Pro Evolution Soccer and Fifa was made here in the conference call.

No file sharing in Backbreaker. Here is another area where 505 and Natural motion covered themselves. While they do have the most extensive customization tools in any football game ever. They made it so that users couldn't just download copyrighted logos and put them in the game. The user will have to make their own NFL creation and spread the word or detail how they did it but the game itself would not allow you to blatantly transfer copyrighted logos.

Gamers are still going to be able to create the NFL, CFL, NCAA teams etc but 505 and Natural Motion made sure that the proper steps were taken here to avoid any liability.

[BrianFifaFan]

Konami has never faced a lawsuit. But they have always had certain teams and venues licensed, so they were paying the Fifa governing body. So it's kinda apples and oranges, but...I get Natural Motions' trepidation, but they should have had PES' ability to upload "option files." Just have it where the files can be created and exported, and then imported. What's in the files is user created and seemingly immune from the copyright issues. Konami has never faced a legal challenge over that feature and even the EA NCAA lawsuit is gonna fail,IMO. I think it was a bad move that'll really hurt their chances at sales. They really should have explored how Konami has gotten around these issues, because everyone knows that NCAA's and PES' lifeblood is the "workaround" authenticity. Ask 2k about APF and the decision they made about editing and lack of modes ..... This is gonna end up being a huge sales killer. Gameplay won't be enough to draw any but the most diehard.

[kjcheezhead]

Quote: Originally Posted by BrianFifaFan

Konami has never faced a lawsuit. But they have always had certain teams and venues licensed, so they were paying the Fifa governing body. So it's kinda apples and oranges, but...I get Natural Motions' trepidation, but they should have had PES' ability to upload "option files." Just have it where the files can be created and exported, and then imported. What's in the files is user created and seemingly immune from the copyright issues. Konami has never faced a legal challenge over that feature and even the EA NCAA lawsuit is gonna fail,IMO. I think it was a bad move that'll really hurt their chances at sales. They really should have explored how Konami has gotten around these issues, because everyone knows that NCAA's and PES' lifeblood is the "workaround" authenticity. Ask 2k about APF and the decision they made about editing and lack of modes ..... This is gonna end up being a huge sales killer. Gameplay won't be enough to draw any but the most diehard.

I don't know if that was an option for them. Like you say, Konami's situation isn't exactly the same and user files aren't necessarily immune either. Napster was sued for allowing others to share files for instance.

The NFL is also one of the most aggressive leagues at eliminating the use of their product illegally. I've had seemingly innocent youtube vids get banned and watched as they sued "Who Dat" nation over t-shirts when that slogan has been in use twice as long as the Saints have been around.

IMO, the steps Natural Motion took were probably necessary, but I think your right that it will hurt them to have had to do it.

[JayBee74]

Quote: Originally Posted by BrianFifaFan

Ask 2k about APF and the decision they made about editing and lack of modes ..... This is gonna end up being a huge sales killer. Gameplay won't be enough to draw any but the most diehard.

BB has 8, 16, and 32 player season options, with the ability to edit existing teams and players and a Road To Backbreaker mode. There was no editing of players in APF-all 3000+ players shipped with BB can be edited. APF had a flimsy season mode and if you wanted to play a game in exhibition mode between two created teams you needed two controllers.

[p_rushing]

You can still put the save files on the web and download on to a memory card

[BrianFifaFan]

Quote: Originally Posted by JayBee74

BB has 8, 16, and 32 player season options, with the ability to edit existing teams and players and a Road To Backbreaker mode. There was no editing of players in APF-all 3000+ players shipped with BB can be edited. APF had a flimsy season mode and if you wanted to play a game in exhibition mode between two created teams you needed two controllers.

I know there is a lot more depth in BB, I'm referring to a game that was also crippled by making decisions to try and tiptoe around the NFL issues. I didn't buy APF for all the reasons you mentioned. I just see this game, crippled in a slightly different manner than APF, as sharing a similar fate. Sure Euphoria is ground-breaking, but at the time that APF came out, 2k was considered to be the exiled king of football gaming. I hope gameplay can be enough, but non-traditional approaches to football gaming haven't faired too well, so far.

Not wishing ill, but really know that, for myself, I don't have the time to make a mock NFL. On NCAA, I did FairdaleKings rosters. And on PES, I use SmokePatch. Probably wouldn't play either game sans rosters. And I don't think I'm the minority opinion....

[BrianFifaFan]

Quote: Originally Posted by p_rushing

You can still put the save files on the web and download on to a memory card

That hasn't been said. That would be an "option file." Now, if it can be done, that makes it a lot better. Only people beefing would be the online crowd. But editing and it's ease of getting rosters and such is gonna be a make or break issue. Just keeping it real...

[radatdude2]

Quote: Originally Posted by p_rushing

You can still put the save files on the web and download on to a memory card

haven't though of that i sure hope its a option. I use to use this style for 2k5 rosters on the 360 hard drive. where there is a will there will be a way.