Why do past players thinking Suing E.A. sports for their likenesses will do any good?

[GisherJohn24]

Again, without the "real names in tact" I say case closed. Guess we will see.

[Perfect Zero]

Quote: Originally Posted by GisherJohn24

Again, without the "real names in tact" I say case closed. Guess we will see.

It's not just about their real name, its about their likeness. It's not a coincidence that A&M has a quarterback with the number two. There are many cases where EA has pushed the envelope to the edge.

I'm in the boat that believes that athletes are paid in education, but EA has played with fire for too long. The best case in my opinion is a settlement, because EA and the NCAA don't really have a leg to stand on.

[Dogslax41]

Quote: Originally Posted by GisherJohn24

Again, without the "real names in tact" I say case closed. Guess we will see.

Maybe if EA hadn't been caught emailing about including player likeness in games that might have a shot. The only reason EA got out of the first lawsuit was because of protected artistic expression. Those email prove the use of the likeness was not an artistic expression and an attempt to use them to generate revenue.

If this goes to trial EA's NCAA series is dead. The only thing that might keep this out of the courts is the greed of the players trying to go after TV revenue money from the NCAA. They have a pretty clear Right of Publicity case against the NCAA and EA and if they judge lets it go through they will more than likely win.

[Mouse]

except they user real player's
numbers
height
weight
and hometowns

to represent them in video games, all they do is take out their name, but the average fan knows, they aren't randomly generated players

Texas A&M QB #2 is Johnny Manziel
South Carlona LE #7 Jadeveon Clowney

[simgamer0005]

Quote: Originally Posted by Haze88

Not just faces but back on the PS2 you could give any face a different hair style like in Madden so it wasn't like today where it is just skin tone height and weight

Yeah it was quite a robust editor wasn't it? That's why I still play these games. i'm actually creating 2013 rosters in NCAA 2005. Just by editing the default rosters. But the reason why the lawsuit is frivolous is because the game didn't ship with the player names. And the likenesses weren't identical. Sure the player numbers were the same and the heights and the weights were the same, but in legal terms, that's just coincidence. of course it made it easy for us to name the rosters.

This is why those old PS2-era NCAA games are the greatest thing ever. Not only did it have an editor where you could make anyone look and play like anyone, including the actual college football players that year, but it also had realistic gameplay to complement all those edits. You could create the real players just like you could create fictional characters. But you (as the user) had to do it. EA back in the day shielded itself by giving people the tools to name the rosters, but not actually naming the rosters themselves in shipment of the game.

This lawsuit is code for...NCAA 2003-2006 are the best college football games ever created and still far exceed anything on the 360 / PS3. I believe NCAA 2004, NCAA 2005, and NCAA 2006 were specifically named in the lawsuit. This is one time where smoke and mirrors worked in the legal sense. You can make any college football player play like he actually played through that game engine, and it was so convincing in the gameplay, unlike 360 / PS3 where it's so unrealistic and there are editor limitations.

[GisherJohn24]

Can someone clarify? Wouldn't that be illegal anyway to pay college players? That's like a job. They can't get paid playing college football can they?

[Dogslax41]

Quote: Originally Posted by GisherJohn24

Can someone clarify? Wouldn't that be illegal anyway to pay college players? That's like a job. They can't get paid playing college football can they?

Its twofold. If the court rules that players are entitled to their rights while amateurs then they should be paid while in school and the NCAA will have to come up with some way of paying them or stop selling merchandise with numbers on it. They dont have a prayer at getting a piece of the TV deal, but should be entitled to jersey sale revenue.

If it rules they signed those rights away then they would need to be compensated for any dollar made using their likeness once they graduated.

[GisherJohn24]

Hmmmm. Good input. I had no idea they even had a chance