Maddens legal battle starts today 09/14/2009!

[GTheorenHobbes]

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

As a lawyer, I think this case has a ton of merit. It will be interesting to see how it turns out. Hopefully, plaintiffs win, the monopoly ends, and competition returns, bringing about higher quality and lower priced games like we had in the old days.

[SGMRock]

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

I don't understand why other companies don't just make pro football games and give you the ability to rename the players and the teams so they match the NFL, shoot they could even give you the ability to import images and make uniforms so you could match the NFL. Sure they couldn't copy stadiums and all that stuff but they could allow you to edit as much as possible to make it like the real teams. As long as they don't release it with the NFL stuff they are safe and let the buyers of the game modify it from there. Just like all the named NCAA rosters.

[Methlab]

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

The NFL won't get stripped of it's rights and trademarks. That's silly. If anything, it will make more money because it will be forced to sell it's rights to more then one company like everyone else. You still have to buy the rights to use them. That will NOT change. Anyone who thinks it will needs to put the pipe down.

The reason people say it is unfair is because EA had the most money and overpaid so they would have no competition. Evidence also came out that this deal may have been done in a way to ensure that 2k could not afford to bid.

Saying that the NFL will lose it's rights to licensing and trademarks is 100% false and will not happen.

[backbreaker]

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

Its funny to see people are going against this and thinks its stupid. Honestly I hope they are successful, hell I'm rooting for them. I want competition back and of course options. I'm coming from a consumer angle I couldn't careless one bit about EA or 2K, its all about me.

[ldpart67]

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

I think a lot of people, understandably unhappy with the exclusive deal, fail to see the legal and ethical ramifications of what they're asking for.

You're asking government to strip the NFL of the right to their own trademarks. This becomes precedent. If the NFL doesn't have the right to license their trademarks as they see fit, then that's going to cross over into other areas.

Any company in the world can start marketing NFL jerseys, caps, leagues can start up using the same team names and colors, even logos.
...Does this sound like a fair market to you?

There is actually a case that is going before the supreme court American Needle vs. NFL that will address the very crux of your argument. NBA, MLB and NHL are all watching very closely.
http://sports.espn.go.com/espn/colum...ter&id=4336261

[Cryolemon]

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

I don't understand why other companies don't just make pro football games and give you the ability to rename the players and the teams so they match the NFL, shoot they could even give you the ability to import images and make uniforms so you could match the NFL. Sure they couldn't copy stadiums and all that stuff but they could allow you to edit as much as possible to make it like the real teams. As long as they don't release it with the NFL stuff they are safe and let the buyers of the game modify it from there. Just like all the named NCAA rosters.

2k at least seem to be paranoid that EA could sue them if they did that.

[RaiderKtulu]

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

The NFL won't get stripped of it's rights and trademarks. That's silly. If anything, it will make more money because it will be forced to sell it's rights to more then one company like everyone else. You still have to buy the rights to use them. That will NOT change. Anyone who thinks it will needs to put the pipe down.

The reason people say it is unfair is because EA had the most money and overpaid so they would have no competition. Evidence also came out that this deal may have been done in a way to ensure that 2k could not afford to bid.

Saying that the NFL will lose it's rights to licensing and trademarks is 100% false and will not happen.

How exactly is being "forced to sell to more than one company" any different from losing control over it's trademarks?

Either they can choose who they want to sell their image to, or they can't.

As far as video games go, there's nothing stopping anyone from putting out a pro football game. Since the exclusive license started, we've had 4 unlicensed football games get released and at least one more in development. This whole issue is just stupid.

[2krules]

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

I think a lot of people, understandably unhappy with the exclusive deal, fail to see the legal and ethical ramifications of what they're asking for.

You're asking government to strip the NFL of the right to their own trademarks. This becomes precedent. If the NFL doesn't have the right to license their trademarks as they see fit, then that's going to cross over into other areas.

Any company in the world can start marketing NFL jerseys, caps, leagues can start up using the same team names and colors, even logos. All of the sudden you totally cut off all of the NFL's secondary revenue streams because other companies can step in and do the same thing cheaper. That might sound good on the surface, but it extends to every facet of business. Tom Clancy writes a book, and 15 publishers start printing it, none of them with any obligation to pay Tom Clancy a dime for the work. Kanye West (God Forbid) puts out another album, and every record company in existence is selling that album. Blizzard finally releases Starcraft 2, then EA releases Starcraft 3, and Blizzard says screw it and releases Grand Theft Auto: San Andreas 2.

Does this sound like a fair market to you?

While I sadly must say that I don't believe that Madden is breaking any anti-monopoly laws, I also must say that none of what you wrote would happen. This lawsuit doesn't enable just anyone to make NFL products. The companies would still have to buy the license rights, and really only the respected companies would be able to afford that.

[trotsky]

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

That article states that the NFL is the one asking the Supreme Court to rule on it to prevent others from filing similar suits. Federal appeals court already ruled against American Needle....

"The NFL won a federal appeals court verdict in Chicago but wants the Supreme Court to issue a broader finding to reduce the chances of similar lawsuits.

At issue is whether or not the NFL is able to make deals as a league or is really 32 businesses that must act under anti-trust regulations."

[2krules]

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

2k at least seem to be paranoid that EA could sue them if they did that.

Heck, even EA is paranoid about that. Have you ever tried to make an NFL team on the Teambuilder site using an NFL team's logo? Deletion. So, I started making my own logos. That team was deleted too, for using "an NFL team name".

[jbrew2411]

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

In no way is this a monopoly. If you study the cases that brought on the "Monopoly Laws" in this country then you will see that EA has nothing more then a right to make a NFL game. Mr. Vanderbilt and Mr. Rockefeller were the poster boys of monopolies. They didn't just have the right to a product but they would buy out entire business that had anything to do with the original company. EA did not buy out ever game maker to be the only company to make a video game plus the companies to ship the game, and the stores to sell the game. That is not the case. If EA had some competition then that would make the game better but that may kill there sales so they did what any smart company with money would do, buy the rights. EA will not give up the rights to make the only NFL game due to it being the #1 sport in America.

The key thing I think NFL video game fans forget is we have the right to make your own choice to buy this game and we are not under contract to buy the game. So if you get so unhappy with the game then come August don't wait in line to buy the game or file a law suit. If you want to send a message then do so by not buying the game rather then post on a message board thinking it will make EA see they need to do something. They don't care what we have to say because the sale do the talking.

[marktg30]

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

Funny I rarely hear anyone complain about the lacking gameplay in 2K's Baseball games.

The EA Sports 2005 Series of Baseball and Football are among their best ever - they lost baseball to 2K and 2K destroyed it.

2K lost football and EA destroyed it.

The NFL has bigger things to worry about in the next few years than Madden Football. The CBA is going to be the main focus of every football fan.

[odbman]

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

I'm not sure what you mean by saying they will "win this court battle like always." Do you mean like every time somebody brings up a frivolous and pointless suit against them that has no basis in real world American law? Don't worry. This won't get near the point of even being a "court battle."

I also love this little snippet from this non-story:
"The exact grievance is spelled out in a 48-page transcript of a November 4, 2008 pre-trial hearing. Pecover's lawyer, Stuart Paynter, says gamers won't buy football games that don't carry the NFL brand and that EA has created an unfair market situation that drives up the cost of games. EA's lawyer, Daniel Wall, says the market is larger than Paynter paints it and that Percover's complaint isn't "even close" to a viable claim."

Can somebody please tell me exactly how EA's exclusivity deal with the NFL has driven up the cost of games? So I guess they are going to try and say that the 49.99 jump up to 59.99 when the next gen consoles came out was because of the EA/NFL deal? The more I read this the more the stupidity just jumps off the page. I can't let myself get worked up over this nonsense anymore. Time for bed. LOL.

My props to you I agree these lawsuits only lead to one thing a waste of time and money.In the end who pays for these lawsuits are the people that by the games.It cost a company 100s of thousands of dollars in legal fees.Well companies don't eat these they pass it on in form of cost cutting ie;quality or price increases.I am not saying somethings need to go to court and solved but cases like this are a waste of time and money.

[spankdatazz22]

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

Funny I rarely hear anyone complain about the lacking gameplay in 2K's Baseball games.

I think because there's legitimate choice. MLB exclusivity isn't the same as the NFL/NCAA exclusivity. If you feel that 2K has destroyed baseball, you have a choice to purchase a PS3 and play what many say is the best baseball game ever in MLB the Show. In that regard it's not unlike playing a title that's exclusive to a console, like Halo, God of War, Zelda, etc. If that same option existed for the NFL/NCAA games, you wouldn't see the level of frustration you see now imo

[roadman]

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

I think because there's legitimate choice. MLB exclusivity isn't the same as the NFL/NCAA exclusivity. If you feel that 2K has destroyed baseball, you have a choice to purchase a PS3 and play what many say is the best baseball game ever in MLB the Show. In that regard it's not unlike playing a title that's exclusive to a console, like Halo, God of War, Zelda, etc. If that same option existed for the NFL/NCAA games, you wouldn't see the level of frustration you see now imo

Personally, I own a 360. I don't feel it's a legitimate choice to spend $300 or $400 for one game, no matter how good it is. So, therefore, I am limited by my options and opportunities for a good baseball game.

The only thing I see different is that I have a personal choice to not purchase a PS3.