Keller Lawsuit On ESPN OTL

[jinc1019]

Quote: Originally Posted by jbrew2411

I watched this and laughed the whole time. This was part of a series that OTL is doing on the bussiness side of college football. I don't know what Kellers scholarship said but the one I signed said I would get a free education, books, room & board for me playing a sport. That was my pay. I got something that would have cost me over $60K. Keller got a chance at a degree. He could have got one in anything the school offered. It is not EA or the NCAA's fault he has to tend bar. His lawyer was a winner. This guy is just looking for a case to get his name out there so he can become a national name. If he could win a case like this then he would be on his way. I don't see this going anywhere though. The NCAA gave EA the ok to do what they do so if anyone was in the wrong it would be the NCAA. They both have lawyers working for them telling them what they can do and keeping them in the clear. The fact that EA has put the game out for years and no one has done anything would lead me to believe that this will go nowhere.

Maybe you are right about his motivations but the law is very clear....if his likeness is being used without his consent and to another's profit, he has a legitimate claim and cause for action.

[Potatoes002]

I would rather see something be done about the guy selling named rosters before this issue.

[jbrew2411]

Quote: Originally Posted by jinc1019

Maybe you are right about his motivations but the law is very clear....if his likeness is being used without his consent and to another's profit, he has a legitimate claim and cause for action.

When a kid signs those scholarships they become property of thier school and the NCAA. Mine said I could not take any money for me playing my sport and any money the school made was that of the school. They could use me anyway they wanted. They owed me but I knew that before I signed that paper. I even had a lawyer/family friend look it over and he said it was standered. Keller gave consent when he took his scholarship. Besides you seem like a smart guy so you should know EA & the NCAA has checked this out before the game was ever made. At worse we will see a random roster that will take the roster makers longer to edit. If we do it then it is not wrong because we don't make money off of it.

[TurboTitan]

Quote: Originally Posted by dp68

What little I've heard about the suit seems to me like it is sound. Keller's personality issues aside, it is ridiculous that these kids have their likenesses in a video game including name, ratings, background information, and even realistic player models. And yet they make nothing for it. I always felt universities selling jerseys with a kid's name on it and keeping 100% of the profit crossed the line. But one could argue that was part of the "agreement" the athletes signed when they came to play there...we give you a scholarship, and you whore yourself out for four years to make us rich. But when an outside entity like EA gets involved, I think it is utter horse sh*t that these kids don't get compensation. If I created a game and created an exact likeness of some random kid on a college campus, and used his name, he'd be able to rightfully sue.

EA doesnt have names in the game, and you will NEVER see a school sell a jersey with a current players name on it. They can only do this with guys that have graduated, and they have to pay them a royalty.

This POS never-has-been Keller will never see a dime from EA. If EA cant even put in ratings based on the real players, then there would be no difference in a team like Bama compared to a team like Western Kentucky. This whole "lawsuit" is a disgrace to our court system and a colossal waste of money in a recession.

[loccdogg26]

If you watched the story there was a guy named Rob Carey who had two lawsuits against the NCAA. Keller met Carey through a friend because Carey needed a face for the lawsuit. Basically he became a tool for somebody else. I hope he does well if he becomes a firefighter though. Heres the link to the video.


http://sports.espn.go.com/espn/otl/index



click on NCAA Mixed Messages.

[bb9]

I agree with one of the previous posts that suggested giving the players the option to be included in the game. What college kid would not want to be in a video game?

[Lkr]

Quote: Originally Posted by bb9

I agree with one of the previous posts that suggested giving the players the option to be included in the game. What college kid would not want to be in a video game?

That is my thought. I'd LOVE to be a character in a video game, free of charge. Use my name, likeness, voice, everything as long as I don't have to do any work.

[moTIGS]

Quote: Originally Posted by jbrew2411

When a kid signs those scholarships they become property of thier school and the NCAA. Mine said I could not take any money for me playing my sport and any money the school made was that of the school. They could use me anyway they wanted. They owed me but I knew that before I signed that paper. I even had a lawyer/family friend look it over and he said it was standered. Keller gave consent when he took his scholarship. Besides you seem like a smart guy so you should know EA & the NCAA has checked this out before the game was ever made. At worse we will see a random roster that will take the roster makers longer to edit. If we do it then it is not wrong because we don't make money off of it.

The language in the scholarship agreement does not give the NCAA the right to use a player's likeness for whatever they want. They're restricted to uses that promote the schools and the sport.

You could argue that an EA Sports game promotes college football... but if the NCAA was within their rights to use players in the game, then why not go ahead and just make the rosters accurate? Why not include names? Probably because they can't... because it does not fall under the allowed uses of player likeness as prescribed in the scholarship agreements all athletes sign.