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Lawsuit Against EA Sports?

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Old 04-06-2011, 12:42 PM   #1
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Icon5 Lawsuit Against EA Sports?

Just received a pretty interesting email from EA a few minutes ago:

GEOFFREY PECOVER and ANDREW OWENS v. ELECTRONIC ARTS INC.
U.S. District Court (N.D. Cal. - Oakland Div.)
Case No. 08-cv-02820 CW

If You Purchased Certain Electronic Arts Brand Football Video Games
Between January 1, 2005 to the Present
You May Be a Class Member.

Membership as a class member in the Electronic Arts Litigation is the result of a lawsuit filed in the U.S. District Court, Northern District of California, Oakland Division (Case No. 08-cv-02820 CW).

What Is This Class Action About?
The class action lawsuit alleges violations of California's antitrust and consumer protection laws in connection with the sale of certain football video games. Plaintiffs, purchasers of Electronic Arts' football video games, claim that Defendant Electronic Arts entered into a series of exclusive licenses with the National Football League (NFL), National Football League Players' Association (NFLPA), National Collegiate Athletics Association (NCAA), and Arena Football League (AFL), which Plaintiffs claim foreclosed competition in an alleged football video game market. Plaintiffs allege that this series of exclusive licenses caused customers who purchased certain football video games to be overcharged.
Defendant Electronic Arts has denied any liability and all allegations of misconduct. The Court has not decided whether the Defendants did anything wrong, and this Notice is not an expression of any opinion by the Court about the merits of any of the claims or defenses asserted by any party to this litigation.

Who Are Class Members?
The Class includes all persons who, during the period January 1, 2005 to the present, purchased the Madden NFL, NCAA Football, or Arena Football League brand video games published by Electronic Arts with a release date of January 1, 2005 to the present. Excluded from the class are purchasers of software for mobile devices, persons purchasing directly from Electronic Arts, persons purchasing used copies of the relevant football video games, and Electronic Arts' employees, officers, directors, legal representatives, and wholly or partly owned subsidiaries or affiliated companies.

What Should I Do? (Getting Further Information)
If you believe that you may be a class member (see above "Who Are Class Members"), you should get more detailed information about the class action and its potential effect on you and your rights. Further information can be obtained by going to the following website: www.easportslitigation.com. Additional information about the lawsuit may be obtained from Plaintiffs' Counsel website at www.hbsslaw.com, or by calling Plaintiffs' Counsel at 1-206-623-7292.

To Remain a Class Member
If you are a class member and you do nothing, you will be bound by the court's rulings in the lawsuit, including any final Settlement or Judgment.

To Exclude Yourself from the Class
(Deadline to Request Exclusion: June 25, 2011)
If you are a class member and you want to exclude yourself from the class and keep your right to sue Defendant, you must take further action before June 25, 2011. By that date, you must request exclusion in writing to this address:
Electronic Arts Litigation Exclusion
P.O. Box 8090
San Rafael CA 94912-8090

Or submit a request for exclusion electronically at the following website: www.easportslitigation.com

For further information about excluding yourself from the class go to the following website:
www.easportslitigation.com

Please do not telephone or address inquiries to the Court.
April 6, 2011. By Order of the U.S. District Court (N.D. Cal. - Oakland Div.).

Now I'm not perpetuating any point of view in this dispute, but can anyone confirm that this is legit? Haven't heard anything about a lawsuit regarding the purchasing of exclusive licenses.
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Old 04-06-2011, 12:53 PM   #2
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Re: Lawsuit Against EA Sports?

this is stupid, there is nothing that says they can't sign deals with the NCAA or NFL to get exclusive rights. Other companies have exclusive rights deals with various businesses. Developers still can create football games, just not NFL or NCAA games. Should FOX or ESPN sue because the NCAA gave CBS/Turner exclusive rights to the NCAA Tournament? The NFL signed an exclusive deal with Nike after having a deal with Reebok, they are free to sign exclusive deals with whoever they want. It happens all the time in business so this lawsuit won't win.

"Plaintiffs allege that this series of exclusive licenses caused customers who purchased certain football video games to be overcharged."

Good luck proving that. Just because they lowered their price that 1 year because 2k had their game so cheap doesnt mean it would have remained that way. Madden and NCAA Football are priced the same as any other new XBox 360 or PS3 game that is released. Making NFL 2k5 so cheap was a strategy that 2k used to try and steal constumers of Madden games by inticing them to buy their product for cheap. But whose to say that would have last or that they could have been successful by continuing to sell games that cheap.

And how do they justify selling NFL 2k for that cheap but NBA 2k for the normal price? I dont see how this has any chance of winning.
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Old 04-06-2011, 01:04 PM   #3
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Re: Lawsuit Against EA Sports?

how can the exclusive rights cause them to be overcharged when the price is the same with any other "major" game out there?
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Old 04-06-2011, 02:02 PM   #4
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full power to Ed O'Bannon. The NCAA and its partners have been exploiting these kids for a long time. Their whole argument is the students are being paid an "education" but reality is not that. Graduation rates are at an all time low and these university presidents could give a crap of they goto class or not.

The NCAA is a monopolistic enterprise that generates this revenue tax free in the name of education.
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Old 04-06-2011, 02:40 PM   #5
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Re: Lawsuit Against EA Sports?

I wish the licenses weren't exclusive, having NFL 2k12 and CollegeFootball2K12 would only push for there to be better football games out there for us - the fans.

Having said that, they aren't going to win this suit, because it's not illegal. They might have a case if EA charged $80 for their Football games, but since they charge the same amount as every other new release there is no case here.
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Old 04-06-2011, 02:41 PM   #6
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Re: Lawsuit Against EA Sports?

It would be great but I doubt this is true. Even if it is, EA will defeat them quickly.
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Old 04-06-2011, 02:42 PM   #7
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Re: Lawsuit Against EA Sports?

Good luck with that
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Old 04-06-2011, 03:28 PM   #8
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Re: Lawsuit Against EA Sports?

It's a legit email. OS Steve tweeted that he received the same email.

But thinking back to my limited knowledge on this stuff, isn't a monopoly illegal? They could sue on the ruling that monopolizing anything in America is illegal in a business standpoint.
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