College athletes to be paid in video game settlement.

[ODogg]

Editing is not the issue though. EA just needs to ship with random rosters is all to avoid a lawsuit. The editor and roster share are tools and not impactful of liability if myself or any other OSer wants to make their own rosters.


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[jello1717]

Quote: Originally Posted by ODogg

Editing is not the issue though. EA just needs to ship with random rosters is all to avoid a lawsuit. The editor and roster share are tools and not impactful of liability if myself or any other OSer wants to make their own rosters. Sent from my iPhone using Tapatalk

I think this is only partly true. Editing is likely not an issue and if I wanna make my roster reflect real life it'd probably be fine.

However if EA shipped the game with a tool to allow us to share our fully edited rosters of real life people, then EA would likely still get in trouble.

It's also certainly possible that any ability to do editing at all would be a problem.


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[mjavon]

Quote: Originally Posted by jello1717

I think this is only partly true. Editing is likely not an issue and if I wanna make my roster reflect real life it'd probably be fine. However if EA shipped the game with a tool to allow us to share our fully edited rosters of real life people, then EA would likely still get in trouble. It's also certainly possible that any ability to do editing at all would be a problem. Sent from my iPad using Tapatalk

If that were true then why would it be legal to edit and share historical Madden rosters? As long as they don't ship player likenesses, they are out of hot water. They are selling the game and the rosters that ship with it - user created content is the property of the user.

[jello1717]

Quote: Originally Posted by mjavon

If that were true then why would it be legal to edit and share historical Madden rosters? As long as they don't ship player likenesses, they are out of hot water. They are selling the game and the rosters that ship with it - user created content is the property of the user.

Because EA has licensing rights with the nfl and their players association.

There is no college Union.


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[mjavon]

Quote: Originally Posted by jello1717

Because EA has licensing rights with the nfl and their players association. There is no college Union. Sent from my iPad using Tapatalk

That's irrelevant. The product they were selling contained the unlicensed players' likenesses. That was the legal issue. I can create and share a roster of my own using their names and likenesses and share it however I choose - as long as I don't make money off of it by selling them. This is exactly why creating and sharing custom draft classes in NBA2K is not illegal.

[redsox4evur]

This has been discussed in the Madden forum and some things that came up were nobody is making a profit off it, a right of publicity, etc.

Here is some info from that thread.

Disclaimer: Aholbert32 is a lawyer with an extensive background in this type of law

Quote: Originally Posted by Aholbert32

I'll make it simple: Draft Class Share? No because of a potential right of publicity lawsuit over likenesses and EA's fear regarding anything related to college player likenesses after the Obannon suit. Draft Class Edit but no Share? Possible but EA doesnt think enough people are interested in editing draft classes (editing not downloading edited draft classes) for it to be worth the trouble to add. Also potential bugs that can come from the those edits and its effect on the draft story lines feature. Whats the difference between a Roster Share that feature some rosters with college players and a Draft Class Share? The difference is risk. If a player objected to a roster featuring college players, EA's counter argument would be that the primary purpose of roster share is to share edited NFL rosters and not infringe on college players likenesses. The fact that probably 80-90% of the rosters in Roster Share are NFL edited rosters supports that fact. A draft class share primary purpose would be to share edited draft classes featuring college students. Go to NBA2ks Draft Class Share and damn near every file features current college players. Saying that a draft class share had any other purpose would be a hard argument for EA to make.

http://www.operationsports.com/forum...n-16-a-17.html
Here is the full thread if you want to read it.

[ODogg]

Quote: Originally Posted by jello1717

I think this is only partly true. Editing is likely not an issue and if I wanna make my roster reflect real life it'd probably be fine. However if EA shipped the game with a tool to allow us to share our fully edited rosters of real life people, then EA would likely still get in trouble. It's also certainly possible that any ability to do editing at all would be a problem. Sent from my iPad using Tapatalk

Not really, Microsoft was sued early on because someone used Word to plagiarize and the courts found that MS was just providing a tool for users and the responsibility of legal liability was with those who misused the tool, not the manufacturer of said tool. EA would also be able to argue the exact same thing.

If the NCAA or an individual player wanted to sue someone they'd need to sue the roster creator. And if I recall correctly that didn't work out too well when the record companies sued people who downloaded illegal music..


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[tessl]

Quote: Originally Posted by redsox4evur

I think the only way we see a new NCAA game is if there is either no editing at all or no roster share. And you have don't have idiots that make #1 for Ohio State resemble Braxton Miller you will be fine.

I wonder if they could get the power 5 conferences to sign on if they did only generic manufactured rosters.