The NFL can get sued.

[Kevin26385]

Actually the nfl could get sued for unfair licensing creating a monopoly. As fair as i am aware the NFL created an unfair monopoly.

What do you guys think?

SEGA BRINK IT TO THE SUPREME COURT

[SPTO]

Hmm that could happen and SEGA would have a good leg to stand on. I remember that Bell had a huge pseudo monopoly and it had to be broken up. They were also accused of unfair competition. The same thing could happen to EA.

[ufox1810]

No they cannot get sued.

Reebox is the official supplier of the NFL. Gatorade is the official drink. They are allowed to sign licensing deals with whoever they want.

EA already has exclusive rights to NASCAR, FIFA, and the PGA Tour. There is nothing anyone can do about this. It's just like a TV channel getting rights to broadcast games or anything else that is an official supplier of something. This has gone on for years and it's perfectly legal in every way. If the NFL really wanted they could chose to give their rights to no one in the game industry. They wouldn't because it would be a bad financial decision, but they could. It's their image and logos and players they are marketing, they can do what they want with them.

This is very different than a company having a monopoly in their industry because this in no way forces there to be only 1 football game. It just means there is only 1 game the NFL will give its rights too, but technically any company could produce a game they just couldn't use the teams, logos and players of the NFL. So they have not created a monopoly because 1. they don't own the company within the industry we are discussing and 2. it is just about licensing rights, not control of the industry.

So while this may suck, it isn't something Sega can do much about. Sierra lost big time when EA signed with NASCAR a few years ago. They just suddenly had to drop their very successful PC NASCAR series.

[Rocky]

Quote: Originally Posted by ufox1810

No they cannot get sued. Reebox is the official supplier of the NFL. Gatorade is the official drink. They are allowed to sign licensing deals with whoever they want. EA already has exclusive rights to NASCAR, FIFA, and the PGA Tour. There is nothing anyone can do about this. It's just like a TV channel getting rights to broadcast games or anything else that is an official supplier of something. This has gone on for years and it's perfectly legal in every way. If the NFL really wanted they could chose to give their rights to no one in the game industry. They wouldn't because it would be a bad financial decision, but they could. It's their image and logos and players they are marketing, they can do what they want with them. This is very different than a company having a monopoly in their industry because this in no way forces there to be only 1 football game. It just means there is only 1 game the NFL will give its rights too, but technically any company could produce a game they just couldn't use the teams, logos and players of the NFL. So they have not created a monopoly because 1. they don't own the company within the industry we are discussing and 2. it is just about licensing rights, not control of the industry. So while this may suck, it isn't something Sega can do much about. Sierra lost big time when EA signed with NASCAR a few years ago. They just suddenly had to drop their very successful PC NASCAR series.

All that is true, but VC could argue that making a sports games with professional licenses is vital to the existence of there company. This is unlike the cases of NFL assigning there licenses to an apparel company because an apparel company does not need the NFL to survive. If Visual Concepts would be willing to make an argument that it does need the NFL(which I think is public), to survive then it maybe has a case. A TV supplier would love to have the NFL, but it does not need it to strive unlike VC. Also, if it is determined that it is next to impossible for a football video game to make a profit without the NFL license, then they also may have a case. Also, a new precedent may be established in this as well.

Something like this happened over the summer and I showed my lawyer buddy who said that although VC could make a case, the legal fees and litigation may not be worth it. Unless VC brings Sega, ESPN, and MS to join them, it will be a slim to none chance that they can tackle somebody like EA.

[ufox1810]

Problem is this has happened before with the other sports I mentioned. While not nearly on the same level of sales as the NFL games out there, it happened with NASCAR a few years ago. Sierra's NASCAR Racing series was very popular for many years on the PC and they had to drop it entirely because of licensing rights going to EA.

While they may be able to make a claim that it could hurt them, they produce a great deal of other games that don't have the NFL license. The NFL 2K series isn't their only game.

I get what you're saying I just see the similar situations in the past where nothing has happened. That and I'm sure a corporation as large as the NFL looked into every legal aspect before going into a contractual agreement like this.

[Kevin26385]

Vc join up with billgates and show freaking EA who has more money.

You fight, this is a sad world iwe live in right now.

We cant even have free choice over a VIDEO GAME!

[DrunkenCat]

So while this may suck, it isn't something Sega can do much about. Sierra lost big time when EA signed with NASCAR a few years ago. They just suddenly had to drop their very successful PC NASCAR series.[/quote]


And this is what EA does. As a tester for Papyrus/Sierra, it was clearly a much better product than EA and everybody with a PC knew it. EA could not match Papyrus in the field so they only way to beat them was to buy Nascar and put Papyrus out of the game. That way, they could keep pushing the same product out each year with only small additional features and upgrades and people would have to buy to play a Nascar game.

Same thing here. Sega hit them with a good game at a great price. Only way to get Sega out of the game was to buy the NFL.

I think it is a monopolistic practice. Comparing this to a Reebok or Gatorade deal is apples to oranges. Only value added to Reebok or Gatorade is the NFL logo on the lable. Entertainment software is a completely different story. Yes, many have Sega's ESPN product for the consoles, but who is going to buy it without the NFL teams, stadiums, players...etc?

EA is only protecting their right to charge us $50 a year for basically, the same product. I doubt you would have seen this happen had Sega priced their products at the same price.

[Rocky]

Quote: Originally Posted by ufox1810

Problem is this has happened before with the other sports I mentioned. While not nearly on the same level of sales as the NFL games out there, it happened with NASCAR a few years ago. Sierra's NASCAR Racing series was very popular for many years on the PC and they had to drop it entirely because of licensing rights going to EA. While they may be able to make a claim that it could hurt them, they produce a great deal of other games that don't have the NFL license. The NFL 2K series isn't their only game. I get what you're saying I just see the similar situations in the past where nothing has happened. That and I'm sure a corporation as large as the NFL looked into every legal aspect before going into a contractual agreement like this.

Yes, but a company like Sierra going against EA would be extremely one sided in which they would've determined that continuning the fight wasn't worth it. That doesn't mean they wouldn't have a case. VC may be another story. They can get major backing AND prove that a competitive football game is vital to a sports videogame developer(Acclaim would be a good example), than maybe it has a case. But a case where it's Visual Concepts v. the NFL and Electronic Arts would be tough. Although it seems unlikely....VC, Kush, 989, ESPN, and Microsoft v. the NFL and EA would be a fair fight.