The O'Bannon Lawsuit Just Got Worse...

[lord_mike]

Quote: Originally Posted by Dogslax41

Everyone can stop with arguing the ambiguity of how players appear. O'Bannon's team has emails from the NCAA and EA sports outlining the use of players likeness and details the fact that they knew what they were doing and using players likeness to support revenue generation. The first time this was brought to the court EA had the case thrown out because of the ambiguity of the players and freedom of speech and artistic license. Since this case made it past discovery, actual facts have come out that show it wasn't just artistic coincidence that the players resembled their real likfe counterparts.

That's why the NCAA and EA are currently losing the case. Their entire defense is that the players were not made to look like their real counterparts, which is laughable--the whole point of a video game like this is to make the video game players look like their real counterparts.

[moneal2001]

Quote: Originally Posted by lord_mike

It is absolutely fair. If a professor at a university put his name on a rap album, you'd better believe that the school would get a piece, or all of that. That's part of the deal. Everything you do is owned by the university--that includes the work of the students. If you don't believe me, ask any grad student who does research work on behalf of the university. That work is not his, it's the universities. It's no different int he marketplace, where anything people "invent" is owned by their companies unless their companies sign that right away. Why should student athletes get special rights that their fellow students don't?

and yet that grad student can go to work at a research firm while not at school, and even use the work he did at school to help secure that job. Can a student athlete go work for a semi pro team during the college off-season?

"Student Athletes" can not use their skills outside of the university, this restriction is not extended to other students that are given scholarships. All scholarship students outside of the athletes are allowed to shop their skills for personal gain.

[Adibesee]

Quote: Originally Posted by rangerrick012

I'm sorry but this is a load of bunk. Ncaa bullies these guys of they even dare think of using their name to make money. I remember a story about a college wrestler who got banned for using his name on a rap album. That's the kind of nonsense ncaa had been doing for years now. It's not fair and something needs to be done to change things. The old free education argument is losing its standing with the billions being made off of these guys.

On a base level I fully understand your argument. The NCAA's lack of consistency and clarity, from rules standpoint, has left them open to this type of litigation. With that said a free education is never a “load of bunk”. IMO you cannot fully place a $ value on the potential knowledge young men / women student athletes can gain while in college. If they don’t fully take advantage of those opportunities the fault is with them.
I’ll concede it isn’t easy because of the time they must invest in their sport, but if that’s the issue then we as a society should have that discussion. What’s currently happening is a money grab by O'Bannon, Keller and Hart. The fact they added two currently players, that aren’t even in the game, helps to illustrate that point.

[Dogslax41]

Quote: Originally Posted by lord_mike

It is absolutely fair. If a professor at a university put his name on a rap album, you'd better believe that the school would get a piece, or all of that. That's part of the deal. Everything you do is owned by the university--that includes the work of the students. If you don't believe me, ask any grad student who does research work on behalf of the university. That work is not his, it's the universities. It's no different int he marketplace, where anything people "invent" is owned by their companies unless their companies sign that right away. Why should student athletes get special rights that their fellow students don't?

That's actually not true. It's a common myth that people think that the University owns any IP created at the school. IPR states that anything generated by a student is a joint IP and neither can use the material without consulting the other.

[lord_mike]

Quote: Originally Posted by Dogslax41

The reason most people like playing those historical games is because those people looking for compensation DID PUT WORK IN to make the product. If the intention of the designer was to utilize a player likeness to make the game more appealing then those players are entitled to compensation. A professor can't go back and pull up famous author's works from when they were in school and sell them to a publisher. Why should the NCAA/EA be allowed to take an athlete's work and make money off of it.

What work? Did they go an pose for the game designers? Do a photo shoot? they just happened to be around 50 years ago, and want some $$$ for a fictional recreation that doesn't even really involve them at all, other than a passing historical impersonation. How many TV shows use impersonated celebrities. Does SNL get sued for a cut of the profits? Honestly, the amount of greed by these people is overwhelming... How much do they really think they are going to get out of a cameo appearance in a video game? the question is moot now, because the games don't have that feature anymore and they get nothing. The fans, once again, get screwed 'cos they get nothing. Everyone is looking for a free payday, and it's ruining everything.

[Dogslax41]

Quote: Originally Posted by Adibesee

On a base level I fully understand your argument. The NCAA's lack of consistency and clarity, from rules standpoint, has left them open to this type of litigation. With that said a free education is never a “load of bunk”. IMO you cannot fully place a $ value on the potential knowledge young men / women student athletes can gain while in college. If they don’t fully take advantage of those opportunities the fault is with them. I’ll concede it isn’t easy because of the time they must invest in their sport, but if that’s the issue then we as a society should have that discussion. What’s currently happening is a money grab by O'Bannon, Keller and Hart. The fact they added two currently players, that aren’t even in the game, helps to illustrate that point.

This is far from a money grab. O'Bannon, Keller, Robertson, etc aren't even running this ship anymore.

[rangerrick012]

Quote: Originally Posted by Aggies7

I agree all the players pictures now look like cartoon characters. Just sad they want to ruin it for us. Yet they got a scholarship to play football which equates to a free education. And even the ones that didn't get a scholarship they still got to play college football. I wish I could've excepted the two scholarships I had to continuing playing in college unfortunately I had already had 3 knee surgeries and decided against it. But back on topic. I hope EA has a way to prove that these little cartoon character faces look nothing like their real life counterparts.

That's the problem on here, you people are letting the emotion of your little game being possibly taken away and ignoring that the players obviously do have standing or else the case would have been thrown out a long time ago. Now it's up to the courts, but the "they got a free scholarship and should stfu" argument really has no merit when it comes to this case.

[Rekkapryde]

Quote: Originally Posted by Brewhaha

Just another example proving that greed is ruining society.

Fixed. And it's not the O'Bannons that are the ones being greedy.

fin