Ex-Rutgers QB Suing EA

[JerseySuave4]

and the article didnt specifically say those pictures in the background but thats prob part of it, it talks about names and likeness.

It also says that "Troy Taylor, who played college football at the University of California and played quarterback with the New York Jets 1990 to 1991" is joining him on the lawsuit. Ok so let met get this straight, the guy played QB with the Jets in 90 & 91, that means he went to college from 86-89. Bill Walsh College Football was made in 93. Not to mention that original Bill Walsh game didnt even use the real school names, they used schools like South Bend, Tallahasse, etc. Now i'm sure he isn't suing from the Bill Walsh days but what the heck is he suing for if he hasnt been in college since 89? Now i know he's a color analyst for Cal but they dont use his name or even his voice in the game. Since i never have Cal as my favorite team i dont know if his picture shows up as the wallpaper when one of the favorites is selected so thats the only thing i can think of.

All EA is going to have to do is just stop putting the pictures as wallpapers. But like i said, these lawsuits have no legs since those pictures are property of the university. Its the same thing if they wanted to use old game footage, thats property of the school or the network that broadcasted the footage, not the individuals in the footage.

[Young J 334]

Guess he never heard of the Edit Rosters mode

[peteykirch]

Quote: Originally Posted by JerseySuave4

and the article didnt specifically say those pictures in the background but thats prob part of it, it talks about names and likeness. It also says that "Troy Taylor, who played college football at the University of California and played quarterback with the New York Jets 1990 to 1991" is joining him on the lawsuit. Ok so let met get this straight, the guy played QB with the Jets in 90 & 91, that means he went to college from 86-89. Bill Walsh College Football was made in 93. Not to mention that original Bill Walsh game didnt even use the real school names, they used schools like South Bend, Tallahasse, etc. Now i'm sure he isn't suing from the Bill Walsh days but what the heck is he suing for if he hasnt been in college since 89? Now i know he's a color analyst for Cal but they dont use his name or even his voice in the game. Since i never have Cal as my favorite team i dont know if his picture shows up as the wallpaper when one of the favorites is selected so thats the only thing i can think of. All EA is going to have to do is just stop putting the pictures as wallpapers. But like i said, these lawsuits have no legs since those pictures are property of the university. Its the same thing if they wanted to use old game footage, thats property of the school or the network that broadcasted the footage, not the individuals in the footage.

But he has a case if EA never got the okay from the University for those pictures, I realize that this would make the court case with RU and the NCAA versus EA.

[doom41]

Quote: Originally Posted by peteykirch

But he has a case if EA never got the okay from the University for those pictures, I realize that this would make the court case with RU and the NCAA versus EA.

My guess is that the pictures used are all owned by the NCAA, and given to EA as part of the licensing agreement. I doubt Rutgers has to give permission for anything.
Also, in most cases the rights to a picture is owned by the photographer, who then sells the picture or the right to use the picture to whoever he/she wants. Unless the picture was taken illegally (which a picture of an athlete taken during a sporting event is not) If a person owned the rights to every picture taken of them, then there wouldn't be any pictures in the tabloids.
He will have to prove that EA is using his likeness to endorse their product (This is why cover athletes get paid), which they are not. So I don't think this lawsuit stands a chance.

[fistofrage]

How is that Gamerosters site legal again?

$25 for Rosters? If I was an athlete, I might want to sue them.

[Jive_Turkey]

At least its not another ex-husker but, who cares sue EA won't make much diff. to me.

[yankeesgiants]

These lawsuits dont have legs for a few reasons.

1. The pictures are the schools property. The school either took them themselves or paid for them. Now if EA didnt pay for them, the school would sue them because they owned them. That's clearly not what's happening here.

2. College athletes participating in school santioned events on school property dont own there likeness in anyway whatsoever. Once you enroll you forfit that right. Any and all official trademarked logos belong to the school. In turn for a free education, the school reserves the right to make money off of you. This is where the collegiate liciense comes in. You see NEB QB #7 in a video game is no different then a Nebraska #7 jersey with no name on the back that sell for $150.00 in the school bookstore or at footlocker. It's all protected according to the liciense. School gets 100% and the athlete gets 0% of the profit. Is that fair? Well, thats a discusion for another day.

[BRice16]

Quote: Originally Posted by peteykirch

But we agree...If EA never got a release for this, then there is an issue..No?

No, there's not. Schools provide pictures that THEY own to EA for the game. What is contained in those images is not relevant. It's owned by the school and provided to EA as part of the licensing agreement.