Real players names could be used in new 2k football game

[bkrich83]

Quote: Originally Posted by rudyjuly2

This ruling simply allows people to use an athlete's name and stats for news type articles and secondary interests. Fantasy football is about selling league and organizational software and is different than profiting off of a player's identity directly imo. There is certainly a grey area here but I think this ruling won't affect the video game industry. Just my two cents.

While I agree with you. I sure hope you are wrong.

[rudyjuly2]

Quote: Originally Posted by bkrich83

While I agree with you. I sure hope you are wrong.

I hope I'm wrong too.

[C-Bus]

Okay, still think people are confusing the issue. Of course it would apply to video games, newspapers, magazines, web pages, sports shows, etc. The courts basically stated that you can use names and stats, that they are public domain. So a video game could come out with teams with generic names or just city names; they could include every players name and their past statistics. The game would have to avoid real pictures of the players, mention or team nicknames, nfl logos, stadium likenss but in the end do you care if the person representing Tomlinson looks just like him or just that the ratings match up, they have his past stats and info, and he plays for a team called San Diego. On the field they all look alike anyways. Maybe in the bio page of the game you show a football card with a Generic Tomlinson with visor and all and then it flips to show ratings and stats. Wouldn't that be enough. Do you care if your team is called San Diego rather than the chargers. Everywhere that the announcer would say Chargers just insert San Diego. Just a thought but to me with dominant game play this opens the door to a game that could challenge Madden or any other football game regardless of the NFL's exclusive license and if I'm EA I'm pissed because the value of my license just went through the floor.

[rudyjuly2]

Quote: Originally Posted by C-Bus

Okay, still think people are confusing the issue. Of course it would apply to video games, newspapers, magazines, web pages, sports shows, etc. The courts basically stated that you can use names and stats, that they are public domain. So a video game could come out with teams with generic names or just city names; they could include every players name and their past statistics. The game would have to avoid real pictures of the players, mention or team nicknames, nfl logos, stadium likenss but in the end do you care if the person representing Tomlinson looks just like him or just that the ratings match up, they have his past stats and info, and he plays for a team called San Diego. On the field they all look alike anyways. Maybe in the bio page of the game you show a football card with a Generic Tomlinson with visor and all and then it flips to show ratings and stats. Wouldn't that be enough. Do you care if your team is called San Diego rather than the chargers. Everywhere that the announcer would say Chargers just insert San Diego. Just a thought but to me with dominant game play this opens the door to a game that could challenge Madden or any other football game regardless of the NFL's exclusive license and if I'm EA I'm pissed because the value of my license just went through the floor.

If you are correct, it would ruin the value of the NFLPA licence and screw EA since they locked in for big bucks. The player names are the most important part of the deal and this could be really good for 2K. A court challenge if 2K ever did this would be a certainty though. MLB can still appeal the past ruling which was 49 pages long (I think) and may have more specifics.

[bkrich83]

Quote: Originally Posted by rudyjuly2

If you are correct, it would ruin the value of the NFLPA licence and screw EA since they locked in for big bucks. The player names are the most important part of the deal and this could be really good for 2K. A court challenge if 2K ever did this would be a certainty though. MLB can still appeal the past ruling which was 49 pages long (I think) and may have more specifics.

I think there's been debate in the past about the use of player names. Are people's names really protected under the law? Now player likeness rights, would seem to me to be protected and a much tougher thing to get around. Where's AHolbert, he's our in house attorney.

[aholbert32]

Quote: Originally Posted by bkrich83

I think there's been debate in the past about the use of player names. Are people's names really protected under the law? Now player likeness rights, would seem to me to be protected and a much tougher thing to get around. Where's AHolbert, he's our in house attorney.

most athletes are considered celebrities and celebrities have a right to their likeness, voice, name etc.....with fantasy football, you can make the argument that the player's names arent the primary reason that people are playing the game....and also most fantasy sports dont charge you a fee to play the game...they may charge you a fee for extras associated with the game.

With 2K its a totally different story...if they use the player names the NFLPA will argue that the names are a feature enticing people to play the game and that 2K is making money by using those names....i seriously doubt 2K will do this unless they want to deal with a loooooong court battle and risk pissing off the NFL. Keep in mind we only have 3 more years of the exclusive license. 2K may want to get football back one day.

[bkrich83]

Quote: Originally Posted by aholbert32

most athletes are considered celebrities and celebrities have a right to their likeness, voice, name etc.....with fantasy football, you can make the argument that the player's names arent the primary reason that people are playing the game....and also most fantasy sports dont charge you a fee to play the game...they may charge you a fee for extras associated with the game. With 2K its a totally different story...if they use the player names the NFLPA will argue that the names are a feature enticing people to play the game and that 2K is making money by using those names....i seriously doubt 2K will do this unless they want to deal with a loooooong court battle and risk pissing off the NFL. Keep in mind we only have 3 more years of the exclusive license. 2K may want to get football back one day.

Another example of why Aaron is the highest paid member on our staff. All that money Steve pays you is worth it Aaron.

[C-Bus]

Quote: Originally Posted by aholbert32

most athletes are considered celebrities and celebrities have a right to their likeness, voice, name etc.....with fantasy football, you can make the argument that the player's names arent the primary reason that people are playing the game....and also most fantasy sports dont charge you a fee to play the game...they may charge you a fee for extras associated with the game. With 2K its a totally different story...if they use the player names the NFLPA will argue that the names are a feature enticing people to play the game and that 2K is making money by using those names....i seriously doubt 2K will do this unless they want to deal with a loooooong court battle and risk pissing off the NFL. Keep in mind we only have 3 more years of the exclusive license. 2K may want to get football back one day.

You make a great point. I bow to your wisdom. Thanks for the insight. I still think 2k could do fairly well with a generic game. Just allow us to do our own editing and name changes.