Supreme Court Will Not consider O'Bannon case again.

[redsox4evur]

So news came down this morning that the US Supreme Court will not consider the Ed O'Bannon case again. Here is a link to the story: http://usat.ly/2cNsFme

And here is what it means for the future college games.




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[huntt26]

So, super unlikely to happen anytime soon. Darn.

[VonRye]

Quote:

Monday’s decision leaves intact the 9th Circuit’s dual rulings that: --The NCAA’s regulations are subject to antitrust scrutiny, and rules limiting football and men’s basketball players to receiving tuition, fees, room, board and books violate antitrust laws. --While antitrust law requires that schools be allowed to provide these athletes with scholarships that cover all of their costs of attending college, including travel and personal incidentals, “it does not require more,” such as what it termed “cash sums untethered to educational expenses.”

http://www.usatoday.com/story/sports...case/91462090/

[jgthedon]

Good thing NCAA 14 is a great game !

[tessl]

My issue with courts in these cases is instead of providing clarity and working with the parties involved to find a way forward - in this case with a new game - they simply issue edicts from on high and leave everybody in limbo. Now nobody knows what is and isn't allowed in creating a new game. If the NCAA and EA reach an agreement with each other to license a new game with generic rosters will that be legal or will athletes and lawyers line up to sue?

[tarheelguy4736]

Doesn't this mean that this type of case can't be tried again? So essentially EA could make a game with completely random rosters (which is what they should have done previously) and not worry about the potential for a lawsuit. That's how I am taking it as but the courts now-a-days never make sense and there is always gray areas.

Also, couldn't schools individually license with EA instead of using the NCAA?

[redsox4evur]

Quote: Originally Posted by tarheelguy4736

Doesn't this mean that this type of case can't be tried again? So essentially EA could make a game with completely random rosters (which is what they should have done previously) and not worry about the potential for a lawsuit. That's how I am taking it as but the courts now-a-days never make sense and there is always gray areas. Also, couldn't schools individually license with EA instead of using the NCAA?

This type of case be tried again and probably will be, meaning a likeness issue. This case itself can't be heard again, I think.

Also pastapadre wrote an article on why we won't be seeing a game from a AAA publisher anytime soon. http://www.sportingnews.com/other-sp...w1spwxi7moms4a


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[TimLawNYC]

Quote: Originally Posted by tessl

My issue with courts in these cases is instead of providing clarity and working with the parties involved to find a way forward - in this case with a new game - they simply issue edicts from on high and leave everybody in limbo. Now nobody knows what is and isn't allowed in creating a new game. If the NCAA and EA reach an agreement with each other to license a new game with generic rosters will that be legal or will athletes and lawyers line up to sue?

Courts aren't there to make everybody happy, or "find a way forward." Courts are given specific legal questions and are tasked with applying the facts and interpreting the law to come out with the "correct" legal decision based on that analysis. Courts do not (or at least should not) make rulings based on what makes the most people happy or what gets a new product to the market; that's not their role (doing what the population wants is, Constitutionally, the function of the legislature, not the judiciary).

Notably, the lower court's initial ruling seemed to offer a "way forward"--with any company using player likenesses (here, we'll use EA) paying a maximum of $5,000 to be put in a trust for the player, to be released upon the player's completion of eligibility. This would have effectively court-ordered a way around the NCAA's current "no-pay" rules, and compensated the players so they could no longer sue EA for using their likeness. But the 9th Circuit ruling overruled just THAT PART of the lower court's decision, still holding that the NCAA rules are wrong but not ordering any way around it.