EA Locker Rumor

[Pokes404]

Quote: Originally Posted by x5WRx ZZ

Understand that this is an ever evolving area of the law and NOBODY knows exactly where the lines are drawn regarding intellectual property. In an age of rapidly growing technology, the law struggles to keep up. So all the posts referencing what a "half decent" lawyer could accomplish are ignorant to the realities. There are 2 current overarching precedents in this doctrine. First there is Napster which makes companies (but not necessarily ISP's) liable if its storage space is being used to transfer the illegal content. This case led to creation of P2P sharing in which companies essentially said, we are only the middle man. We dont provide space for the files, all we provide is an area to meet. What people choose to share is their own issue. Go get them. Then came the Grokster in which the SCOTUS said "one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties" I am not going to apply these precedents to EA lockers because, like I said, it is open to interpretation. I have been a "lurker" here for a long time so thought I would help by putting this discussion into the appropriate context.

Just because there is a precedent doesn't always mean a judge will follow it. And it may not have come out that way but all I was implying was that the EA Locker would be ammunition for the opposing side, not that it would be the nail in the coffin for EA. I'm not saying that all a lawyer has to do is bring up the Locker in court and EA gets slapped with a player likeness infringement ruling. But I believe that any lawyer would argue that EA is purposely creating the means for users to circumvent player likeness when it comes to named rosters. They provide an easy distribution service, the files are saved on the EA server, and they even allow named rosters to be used during online games. One could argue the case that EA is indirectly encouraging users to infringe on player likeness (although I wouldn't agree with this argument). Whether a judge agrees or not is debatable, but that's what I believe they'll try to argue.

The point is, as you said, the Locker is open to interpretation. Someone might interpret the situation in EA's favor, but the interpretation could also go against EA. The time might come when EA doesn't want to take the risk and pulls it to be on the safe side. Then again, nothing may happen. Maybe EA's lawyers have told them that the opposition has no case, or maybe this is nothing more than a rumor. Guess that's the problem with speculating on rumors. Sometimes it's fun, but you're basically speculating on speculations.

[pdiehm]

Basicaly Keller is suing EA Sports because the player they use is too much like him...ie: Sucks.

[ODogg]

Every year we hear this and every year it's BS. EA is not liable for user generated content, that is well known or else companies who sell blank CDs would have been forced to stop selling a long time ago. EA knows this and knows users want to share rosters and removing it would hurt sales. EA locker isn't going anywhere..

[ODogg]

Just to expand upon my statement - I think you guys are thinking of this EA locker in video game terms but really file sharing is something that runs the gamut across the digital world. If any court were to ever rule that EA locker was an issue, you'd see all sorts of companies trying to challenge that law, including Microsoft and Apple. The ability to easily share files is something that is required in the computer law, regardless if it allows for users to share files that are illegal.

And even with that being said, there is nothing illegal about any user creating a file with real names is breaking no law until, and if, they try to profit on them. So even if they cleared the first hurdle of saying EA created a system to allow sharing of rosters, as some of you in this thread state, there is nothing illegal about that either on EA's part nor on the users part, until, and if, someone's making a profit on them. And you cannot even argue, well EA is making a profit on them because the file sharing occurs after the game has already been bought. It's not like EA is asking for $9.95 to have access to EA locker, then they might have a case.

As it is now, there are multiple legal hurdles that anyone suing EA would have to clear and with the amount of money and lawyers EA has, it'll never happen. I know some of you might say "Well EA may just decide to be safe rather than sorry.." - well that's not going to happen because EA is not stupid, they know as well as we all know, that having real players is huge for the game, that's why they created EA locker in the first place. They know if they remove it then the sales could be hurt and if people aren't able to share rosters in some fashion then their sales would be really hurt...

[DonkeyJote]

EA Locker isn't really the thing in jeopardy, it's the ability to edit rosters. Unfortunately, without being able to edit rosters, teambuilder is fairly useless. And player likeness doesn't mean it has to look like them. For instance, Florida having a white, left handed QB wearing #15 and having good running ability for the last 4 years could constitute Tebow's likeness.

And paying College football players is not even remotely an option. That would violate NCAA rules, and any player accepting payment would have his college career ended.

[The Gunslinger]

In order for this lawsuit to be successful, Keller and his band of has-been CFB players would not only have to make the claim that EA is stealing their likeness, but that the licensing arm of the NCAA has no right to market their likeness. That isn't going to happen

[ODogg]

Editing rosters isn't in jeopardy either. What could happen though is EA could stop having Florida have a white, left handed QB wearing #15 with a good running ability. That's what really could happen. That would mean that the roster makers would have to edit the names and then go back and edit the players themselves. I don't know that it would happen though where they would have to radically change the players.

For instance instead of the Gators having a white, left handed QB wearing #15 they'd have a white, right handed QB wearing #15

[Cryolemon]

Quote: Originally Posted by mgovick

They should compensate players, plain and simple. Everyone has been doing their best to make as much money off of these guys as possible. While they see none of it. If players were to receive a percentage of sales, then Im sure ea would be allowed to continue using player likeness.

Quote: Originally Posted by St3fN_sTrApS

I believe its probably because their likeness is used and yet they don't recieve any payment of any sort, while EA goes on to make millions. I really hope that the locker doesn't go anywhere, I believe if it does it will be next year.

That argument has been had any number of times and it never goes anywhere.