Madden in Court for the same issue as NCAA football

[deezycobain]

Quote: Originally Posted by ggsimmonds

I am growing tired of the whole litigation mindset our society has. It is as if people actively look for things they can file a lawsuit over.

+1 a million times

[redsox4evur]

Quote: Originally Posted by NateDogPack12

This is kind of baffling to me. I have Madden 08 for the PC, and a great number, if not all, of the historical players are not named at all and misnumbered. It's been awhile since I've used a historical team, but I think Brett Favre is #5 for example. I thought EA purposely avoided exact likenesses to avoid something such as this.

Nate I think it's more about having Jim Brown's, number, hometown, home state, handedness, height, weight. If all of that is there but he is 33 instead of 32 that's still Jim Brown.

[kjcheezhead]

Quote: Originally Posted by ggsimmonds

I am growing tired of the whole litigation mindset our society has. It is as if people actively look for things they can file a lawsuit over.

These companies are using a real players likeness to make their game. It shouldn't surprise EA that a player like Jim Brown would expect to be paid if they put a player on the all browns team that has his number, ratings, appearance, etc in a football game.

The irony is that EA paid a fortune for the rights to nfl players and logos. If another company released a football game with the 32 NFL cities, basic player likenesses for each team so the Green Bay team has a qb with Aaron Rodgers ratings, etc. EA would have a lawsuit filed on the day it released.

[ggsimmonds]

Quote: Originally Posted by kjcheezhead

These companies are using a real players likeness to make their game. It shouldn't surprise EA that a player like Jim Brown would expect to be paid if they put a player on the all browns team that has his number, ratings, appearance, etc in a football game. The irony is that EA paid a fortune for the rights to nfl players and logos. If another company released a football game with the 32 NFL cities, basic player likenesses for each team so the Green Bay team has a qb with Aaron Rodgers ratings, etc. EA would have a lawsuit filed on the day it released.

Aaron Rodger's ratings? What? Is that like a social security number or something?

[kjcheezhead]

Quote: Originally Posted by ggsimmonds

Aaron Rodger's ratings? What? Is that like a social security number or something?

It's basically his property yes. If the guy plays for Wisconsin or green bay, wears number 12, went to California, is one of the top qbs in the game, etc. Then the developers are profiting from a character meant to be Aaron Rodgers and have to pay him.

[ggsimmonds]

Quote: Originally Posted by kjcheezhead

It's basically his property yes. If the guy plays for Wisconsin or green bay, wears number 12, went to California, is one of the top qbs in the game, etc. Then the developers are profiting from a character meant to be Aaron Rodgers and have to pay him.

No, things like 96 THP, 88 MAC, 77 acc are not his property.

Maybe things like jersey number, college, height/weight but not his ratings.

[kjcheezhead]

Quote: Originally Posted by ggsimmonds

No, things like 96 THP, 88 MAC, 77 acc are not his property. Maybe things like jersey number, college, height/weight but not his ratings.

His ratings are the most important. Rodgers would have a better case for a lawsuit from a game if the character plays similar to him than if he was was wearing no. 12 and had Tim Tebow's ratings.

[ggsimmonds]

Quote: Originally Posted by kjcheezhead

His ratings are the most important. Rodgers would have a better case for a lawsuit from a game if the character plays similar to him than if he was was wearing no. 12 and had Tim Tebow's ratings.

His ratings are certainly not most important. What is most important is his physical likeness and EA's made up ratings are not part of that.

However, as there is no precedent for this *as far as I know), maybe it could go either way. My thinking is that if the court rules against EA it will be due to the biological attributes instead of ratings.