The O'Bannon Lawsuit Just Got Worse...

[jeremym480]

Quote: Originally Posted by Aggies7

Just noticed during my dynasty. Manziel has a bald spot on the back of his head like a middle aged man. Not so much like Johnny's likeness. Maybe EA should use that in court.

You should take a look at QB #10 for Alabama.

I'm fairly optimistic at this point, but I just hope that we don't lose the ability to edit players.

I mean, you can put a #2 Texas A&M jersey in a store and if someone buys it, then goes to a printing shop to have Manziel printed on the back can the NCAA or the store selling the product really be at fault?

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[rangerrick012]

Quote: Originally Posted by lord_mike

You helped contribute to the school and to the betterment of your fellow student athletes as well as other students. That's the point of being at a university. In return, you got an education like the other students that pay full price to attend. Unfortunately, our culture's worship of personal and institutional greed is corrupting even academics and amateur sports. The NCAA is certainly complicit in all of this. Had they not gone crazy with all the big money deals they were pushing, these players would be laughed out of court. But, with the NCAA being so embarrassingly decadent, the players suddenly have a case--at least in the court of public opinion. In the end, too much money ruins everything, and it looks like its about to ruin college sports (and gaming) for good.

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.

[Adibesee]

Quote: Originally Posted by fatleg3

And what does that do for them when they are away from the school at home and have to fend for themselves?

Please clarify, I’m somewhat confused? Are you saying the University has some level of responsibility for these kids when they are back at home in the communities where they grew up?

[lord_mike]

Quote: Originally Posted by Dogslax41

This is starting to resemble Curt Flood's case in a weird way. Except O'Bannon's team has a bit more clout behind it. Especially if active players start joining the suit. The NCAA had some mitigation before the recent ruling because the real egregious part of the case was when they used historical players. Current player likeness use was a grey area but once they decided to get greedy and use players that were graduated they opened the door wide open. Problem is now that current players are allowed to and are joining the suit there is an easy next jump to seeking a cut of marketing and TV revenue.

The loss of the ability to play "historical" games at both the amateur and pro level is the biggest tragedy of all these lawsuits. They were my favorite features in the old Madden and NCAA games and that's never coming back (the retired pro players sued as well, with mixed results). Everyone thinks that they deserve some free money from being number 56 in a game recreation set in 1965, even if they had put no work in the making the product, and the game recreation itself is fictional.

[Brewhaha]

Just another example proving that lawyers are ruining society.

[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.

[lord_mike]

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.

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?

[Dogslax41]

Quote: Originally Posted by lord_mike

The loss of the ability to play "historical" games at both the amateur and pro level is the biggest tragedy of all these lawsuits. They were my favorite features in the old Madden and NCAA games and that's never coming back (the retired pro players sued as well, with mixed results). Everyone thinks that they deserve some free money from being number 56 in a game recreation set in 1965, even if they had put no work in the making the product, and the game recreation itself is fictional.

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.