Madden Anti Trust Lawsuit To Move Foward

Quote: Originally Posted by GTheorenHobbes

My professional opinion is that there is a very good chance EA will lose the exclusive license. I also happen to believe they're setting themselves up for liability with Team Builder, and that the retired NFL players (and possibly Sam Keller) are going to collect a nice sum from them as well. I don't know who's running their legal department, but it's going to be an interesting couple of years for them.

Fair enough, and you may very well be right. It just seems to me that EA would have thought of this already, long before any of us on a message board began discussing it.

I'm not saying you're wrong (in fact technically, I'm sure you're very right), and in the end you may be saying "I told you so" to everyone, but I don't know man. I just don't see this going through.

Quote: Originally Posted by Skyboxer

And? They purchased it becasue it was for sale.

Right.

So why can't the NFL, NCAA, etc, get in trouble for "monopolizing" itself? Why is it only EA that gets the blame? Again, how stupid would it have been for EA to NOT buy the license, and let someone else have it? I mean, come on...

[aholbert32]

Quote: Originally Posted by GTheorenHobbes

My professional opinion is that there is a very good chance EA will lose the exclusive license. I also happen to believe they're setting themselves up for liability with Team Builder, and that the retired NFL players (and possibly Sam Keller) are going to collect a nice sum from them as well. I don't know who's running their legal department, but it's going to be an interesting couple of years for them.

I dont think there is a chance in hell they lose the license before the term ends. The American Needle suit looks like its on its way to be rejected by the SC and I dont see a big difference between that suit and this one. There isnt alot of precedent when it comes to the court striking down exclusive licenses like this and it doesnt appear that the SC is eager to rule on this matter.

[muggins]

Quote: Originally Posted by aholbert32

Your point would work if EA didnt sell FIFA in Europe/Japan/Asia but they do. Both companies compete in areas where the soccer market is strong and Konami competes not because they have a license....but because they had the better game.

Like I said... it is made by a Japanese company in Japan, where soccer is very popular. FIFA is made by an American company. Obviously I don't have statistics to show it, but people I've talked to (from Britain) in the past said - "Why would I buy a soccer game made by a yank?" And again, this doesn't even take into account the differences in the two markets. Perhaps soccer fans don't care about licenses. Perhaps they care about the licenses that FIFA doesn't have.

Even if your point about "the better game" was true, 2k5 beat out Madden in almost all reviews. The better game lost because they knew they couldn't produce a license-less game and make money, which is exactly what this case is saying.

[RaiderKtulu]

Quote: Originally Posted by muggins

Like I said... it is made by a Japanese company in Japan, where soccer is very popular. FIFA is made by an American company. Obviously I don't have statistics to show it, but people I've talked to (from Britain) in the past said - "Why would I buy a soccer game made by a yank?" And again, this doesn't even take into account the differences in the two markets. Perhaps soccer fans don't care about licenses. Perhaps they care about the licenses that FIFA doesn't have. Even if your point about "the better game" was true, 2k5 beat out Madden in almost all reviews. The better game lost because they knew they couldn't produce a license-less game and make money, which is exactly what this case is saying.

They lost because they didn't even try. They lost the license, then they sat on their behinds for 3 years. They had momentum, they were closing the sales gap... they lost the license and they quit.

This case seems to be trying to argue on two points - A, that there's no market for an unlicensed football game, and - B, that EA unfairly raised their prices after they killed the competition. Point A can be argued against, and point B is a flat out lie.

Quote: Originally Posted by RaiderKtulu

They lost because they didn't even try. They lost the license, then they sat on their behinds for 3 years. They had momentum, they were closing the sales gap... they lost the license and they quit. This case seems to be trying to argue on two points - A, that there's no market for an unlicensed football game, and - B, that EA unfairly raised their prices after they killed the competition. Point A can be argued against, and point B is a flat out lie.

Yah, when did they raise their prices? Last I checked the PS2 version is cheaper than it used to be, and the current gen versions are the same price as every other game on the market... 59.99.

[GTheorenHobbes]

Quote: Originally Posted by aholbert32

I dont think there is a chance in hell they lose the license before the term ends. The American Needle suit looks like its on its way to be rejected by the SC and I dont see a big difference between that suit and this one. There isnt alot of precedent when it comes to the court striking down exclusive licenses like this and it doesnt appear that the SC is eager to rule on this matter.

aholbert, did you read Judge Walker's opinion? Look at page 8...he deals with American Needle ("American Needle is inapposite here."). He also deals with the other cases cited by EA's attorneys. I think there's a pretty good chance they lose the license, based on this opinion.

[MJenness]

Quote: Originally Posted by RaiderKtulu

They lost because they didn't even try. They lost the license, then they sat on their behinds for 3 years. They had momentum, they were closing the sales gap... they lost the license and they quit. This case seems to be trying to argue on two points - A, that there's no market for an unlicensed football game, and - B, that EA unfairly raised their prices after they killed the competition. Point A can be argued against, and point B is a flat out lie.

This simply isn't true. NFL fans are just that, NFL fans....not only FOOTBALL fans, but fans of the the NFL and it's players and teams. Take those things away, and it's simply football, and loses its appeal to the NFL fans. Take Two could put out an over-the-top game with all the bells and whistles, but without the REAL NFL players and teams, I simply would never buy it because I'd NEVER get the same level of enjoyment out of it as I would with a licensed game, and I KNOW I am not alone in this thinking!

If that weren't the case, EA would NEVER have payed what they did to obtain the license in the first place.