More Legal Trouble for EA (NCAA related)

[ngoulding]

Quote: Originally Posted by Exonerated

What damges did this guy receive for his likeless being in the game? The ncaa and ea may have to stop editing now. But what damages could this guy argue? Emotional distress for being represented in the game?

Well if it makes you all feel better, if I can remember back to my old law lectures properly, Keller really doesn't stand to benefit much personally from the case. The most he would be entitled to is what he lost out on i.e. the market value of including his likeness for the 4 years he was in the game. Pretty limited market I'd imagine.

The problem for EA is that they've used the likenesses of thousands of players some with real marketability, Tim Tebow this year particularly comes to mind. Any award of damages would probably be to all the athletes represented as a group, even though its hard to imagine how that would be distributed. I might have a look back at the decision in the retired NFL players case if I get a chance. See what the court held. Interesting though.

[GTheorenHobbes]

Quote: Originally Posted by ngoulding

Well if it makes you all feel better, if I can remember back to my old law lectures properly, Keller really doesn't stand to benefit much personally from the case. The most he would be entitled to is what he lost out on i.e. the market value of including his likeness for the 4 years he was in the game. Pretty limited market I'd imagine. The problem for EA is that they've used the likenesses of thousands of players some with real marketability, Tim Tebow this year particularly comes to mind. Any award of damages would probably be to all the athletes represented as a group, even though its hard to imagine how that would be distributed. I might have a look back at the decision in the retired NFL players case if I get a chance. See what the court held. Interesting though.

I think the retired NFL players got $28 MILLION from just the NFLPA (the suit against EA is still to come). Split up, it came to something like $13,000 per player, if my memory serves. There's a lot more college players than NFL players, so the size of the class would be considerably larger. But with the NCAA and EA both named as defendants in Keller's suit, those are some pretty deep pockets to collect from.

Trust me...no matter what the NCAA and EA may say in public in relation to this suit, they are not going to be taking it lightly.

[countryboy]

Whats next? I guess someone will sue both the NCAA, EA, and 2k for their likeness in college basketball games. Then we'll have guys coming out of the woodworks suing due to their likeness being in MVP baseball. Then we'll have guys suing for having their likeness in any of the WWII games that are available. Then people of New York can sue for their likeness being in GTA, then so on and so forth.

[countryboy]

The worst thing I can see happening(and I seriously doubt anything happens) is that EA is forced to randomize the rosters more, thats it.

If they are forced take the ability to edit players/characters of NCAA, then ever single game developer will have to remove it from every single game that allows the user to customize a character to his/her liking.

[GTheorenHobbes]

Quote: Originally Posted by countryboy

The worst thing I can see happening(and I seriously doubt anything happens) is that EA is forced to randomize the rosters more, thats it.

People around here "doubted" that the retired NFL players would win their suit against the NFLPA as well. Where are those people now? Here in this thread, saying the same thing.

[countryboy]

Quote: Originally Posted by GTheorenHobbes

People around here "doubted" that the retired NFL players would win their suit against the NFLPA as well. Where are those people now? Here in this thread, saying the same thing.

what does one have to do with the other? These are two completely different types of cases. That case had to do with the players and the NFLPA and how the NFLPA screwed them over.

But if he does gain something from this, I wouldn't be surprised if floods of other student athletes who's likeness was used in a collegiate video game don't come out of the woodworks and start suing 2k, EA, hell even 989 sports for Gamebreaker back in the day.

And as I said before, I guarantee you that had he landed with a team in the NFL, he wouldn't be bringing this suit to court.

[xxjgbxx]

Ya they only ones trying to sue are the ones who dont make it in the pros

[Young J 334]

Suing for likenesses eh? Sounds like his default overall wasnt what he expected. What a douchey prick