Maddens legal battle starts today 09/14/2009!

[odbman]

Re: Maddens legal battle starts today 09/14/2009!

One last issue Take 2 has some real problems
SAN FRANCISCO (MarketWatch) -- Take-Two Interactive Software Inc. said Tuesday that it swung to a loss for its third fiscal quarter as video-game sales fell sharply from the year-ago period, which benefited from the company's blockbuster "Grand Theft Auto" franchise.

The company also issued a forecast for the current period that was on the low side of many analysts' estimates, as the company remains cautious about the industry's prospects in the recession.

[countryboy]

Re: Maddens legal battle starts today 09/14/2009!

Has anyone found out if the NFL is also named in this suit? Like I stated before, I would think that they should be held just as accountable as EA given how they chose to make the license exclusive.

And before someone thinks I'm pulling for EA, I really don't care what the outcome is, because I enjoy Madden, so whether EA wins or loses, effects my football game of choice in the slightest.

I'm just curious to see if the NFL is in lawsuit as well, and if not why they aren't?

[PGaither84]

Re: Maddens legal battle starts today 09/14/2009!

This is getting beyond stupid. I can't believe the idiocy of some people. Learn a thing or two about economy before you start tossing words like "monopoly" around, and stop bringing stupid lawsuits that are costing perfectly good people jobs.

And for the record, this is hardly the "start", people have tried this Lord knows how many times.

Exclusive access to a privately owned intellectual property is NOT a monopoly, as the owner of the I.P. may do with its private property whatever it damn well pleases. Beyond that, the industry in question is not "NFL Based Football Games", it's Video Games.

If some psychotic judge actually ruled in this lawsuits favor, the net effect would be that anything you come up with... a script, a song, a book, anything that can, under current law, be considered your intellectual property (or trademark) would no longer be yours. Anybody would be free to come along and jack your idea.

Allow me to spell it out a bit further; The National Football League (TM) owns trademarks and IPs for 32 NFL football teams. As such, they have the legal and ethical right to allow or disallow the usage of said properties at their discretion.

This is where you have it right...

To say that EA has a monopoly on NFL Football games is the same thing as saying Blizzard has a monopoly on Starcraft video games. Thus, a judge rules in their favor, you've got 17 different gaming companies putting out their own version of Starcraft... a property owned by Blizzard and thus rightfully theirs to profit from... just as the NFL license belongs to the NFL to profit from, and they chose to profit off of EA.

And this is where your example goes horribly wrong. it is more akin to Lucas Arts havign the right to produce all Star Wars related games. G. Lucas owns all I.P. of the Star Wars universe and has every right to say who can and who cannot make SW video games. This case would then allow EA, Square, and others to produce games based on and using the Star Wars I.P.

My understanding is that constitutes the monopoly is that the NFL itself is not a video game publisher just like they do not make Hats, Jerseys, Christmas ornaments, etc that all bear the NFL logo and it's affiliates. Rebock, Hallmark and others are are the ones who have he license to produce these items and the question is, is it a monopoly for a company who is not the sole owner of said I.P. to own exclusive licensing of said I.P.? I would think that, no it is not a monopoly. It's just business.

EA doesn't have a monopoly on creating video game football, but rather creating a video game that uses the NFL in it. I don't think that 2k Sports could make a Basketball simulation that uses the likeness and logos of NFL teams if they so wanted to. They just don't have any rights to use the NFL, it's teams and it's players, regardless of if is football or not.

The "monopoly" word is thrown around because we all know that a non-NFL game would have sold poorly, and has several times in the past. Madden 64 only had the NFLPA and was a poor selling game just like APF2k8. You cannot tell me, no mater how good a game APF2k8 was, that it sold very well at all.

[PhillyJim76]

Re: Maddens legal battle starts today 09/14/2009!

This is not a case that will ever see the light of day or be settled in court.

If you are unhappy with EA and Madden, your hope has to be that it is no longer profitable for them to have an exclusive license or that the NFL doesn't wish to offer exclusivity.

Why anyone would go through the courts for this is insane, it is just a freakin video game.

[Tick32]

Re: Maddens legal battle starts today 09/14/2009!

Im actually for it. dont get me wrong, ive bought madden since 99. but they need competition. Its like they are half assing these games now. A feature will be in the game then disappears. Then they bring it back and introduce it like its new. For example, The chain gang and refs. Hopefully they get stripped the license so they can slack on the games anymore. Cuz this game needs alot of work.

[SomeStrangeSin]

Re: Maddens legal battle starts today 09/14/2009!

Well stated. The first video football games didnt have an nfl license and used generic teams, nobody is stopping anyone from doing that now. Even the early maddens didnt have player names until they got licensing from the nflpa. There is no monopoly here, just an exclusivity agreement. The same thing console makers get with certain games and downloadable content.

Ea bought exclusive liscenses with the arena football league,college football,and nfl... please explain how that isnt a monopoly?

[Cryolemon]

Re: Maddens legal battle starts today 09/14/2009!

Ea bought exclusive liscenses with the arena football league,college football,and nfl... please explain how that isnt a monopoly?

For the same reasons that were already mentioned. At worst it's anti-competitive behaviour, at best it's just unethical (but legal) business practices.

[2Koalition]

Re: Maddens legal battle starts today 09/14/2009!

really hope EA wins and from the look of it, they already won - the NFL chose EA to market their games so let them be. i was very happy when they extended the license to 2012, i hope they achieve a Life License. i would love to save 60 dollars every September and keep updating my NFL 2K5.

[adfletch71]

Re: Maddens legal battle starts today 09/14/2009!

If EA would have just bought the NFL license that's one thing, but to buy all three at that time is totally sinister. It is clear what there motives was in 2005, that's why it is a monopoly on National Football in the US. Prove me wrong??

[GTheorenHobbes]

Re: Maddens legal battle starts today 09/14/2009!

One last issue Take 2 has some real problems
SAN FRANCISCO (MarketWatch) -- Take-Two Interactive Software Inc. said Tuesday that it swung to a loss for its third fiscal quarter as video-game sales fell sharply from the year-ago period, which benefited from the company's blockbuster "Grand Theft Auto" franchise.

The company also issued a forecast for the current period that was on the low side of many analysts' estimates, as the company remains cautious about the industry's prospects in the recession.

This 5-star thread is about EA's alleged monopoly on licensed football videogames, and the legal woes EA faces as a result of that monopoly. Are you purposely trying to get the mods to close the thread by turning it into an EA vs. 2k thing? Please stay on topic.

[RaiderKtulu]

Re: Maddens legal battle starts today 09/14/2009!

If EA would have just bought the NFL license that's one thing, but to buy all three at that time is totally sinister. It is clear what there motives was in 2005, that's why it is a monopoly on National Football in the US. Prove me wrong??

In the last year before EA got all the exclusive licenses, there were 3 major football games released - Madden, EA's NCAA, and 2k5.

Getting an exclusive license isn't really that sinister when you're already the only one using it.

...and it's not a monopoly simply because anyone can still make football games. The market is "Video Games" not "Licensed Football Video Games".

[GTheorenHobbes]

Re: Maddens legal battle starts today 09/14/2009!

...and it's not a monopoly simply because anyone can still make football games. The market is "Video Games" not "Licensed Football Video Games".

Just fyi. EA's lawyers tried that argument at the motion to dismiss stage. It didn't fly.

[RaiderKtulu]

Re: Maddens legal battle starts today 09/14/2009!

Just fyi. EA's lawyers tried that argument at the motion to dismiss stage. It didn't fly.

I don't know what to say to that.

It seems blatantly obvious to me that there's no monopoly, and the fact that multiple football games have been released since the license hit just makes it more so.

If the argument is "no one can compete with Madden because they can't get an NFL license", then what's the excuse for all the years before exclusivity?

Seriously, when was the last time another football game outsold or even came close to matching Madden at an equal price point?

[GTheorenHobbes]

Re: Maddens legal battle starts today 09/14/2009!

Seriously, when was the last time another football game outsold or even came close to matching Madden at an equal price point?

I'm almost positive 2k5 outsold Madden on Xbox. Granted, they started at a lower price point, but controlling prices is one of the things that a monopoly is designed to do.

[gunterIVXX]

Re: Maddens legal battle starts today 09/14/2009!

Wooooooo! Power to the consumers!!

I hope and pray we get to see NFL 2k11 next year, I know what I'll buy!

Suck it EA! I hope you lose