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Why do past players thinking Suing E.A. sports for their likenesses will do any good?

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Old 07-12-2013, 05:10 PM   #65
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Re: Why do past players thinking Suing E.A. sports for their likenesses will do any g

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Originally Posted by simgamer0005
But it is about EA, they are the ones being sued, right? The NCAA is getting sued plenty in other cases, and the moral argument of whether players are being exploited will likely continue, but in this case, it is about whether EA used player likenesses in their game.
The case is officially Ed O'Bannon v. the NCAA and CLC. It's an antitrust case that claims "the NCAA has organized, maintained, and operated an illegal horizontal cartel consisting of its member schools and conferences, additionally facilitated by Defendant CLC. The cartel has collectively and illegally conspired to limit and depress the compensation of former student-athletes for continued use of their images to zero." EA Sports is listed as a "co-conspirator" in the complaint, not a defendant. Someone with actual legal chops could probably draw a clearer distinction as to what that all means. But no, EA is not the one being directly sued here.
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Old 07-12-2013, 05:15 PM   #66
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Re: Why do past players thinking Suing E.A. sports for their likenesses will do any g

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Originally Posted by simgamer0005
Those are two different cases. The title of this thread is "Why do past players thinking Suing E.A. sports for their likenesses will do any good?".

I don't claim to be a legal expert, but even if both cases were tried concurrently, the result of one would affect the other. You have to ask yourself why were the cases supposedly "joined"? Given what has already been established in court regarding the TV networks ability to broadcast and profit off of player names, since people are paying to watch the game, not the players, which I am having a hard to believing. But if you accept that premise, then you could apply that same premise to EA, that people are buying the game and not buying it because of the players. Moreso since unlike TV networks, the names aren't in the actual product.




But the emails don't change the fact that they didn't actually use any player names in the product. Obviously each team has their own style, and maybe a type of player for their team. Like Nebraska used to always run the option, that was represented in the game. EA made the game as realistic and as real as possible, without specifically crossing the red line and putting the names in.
You have got to read up on the case. They are not two different cases Sam Keller joined O'Bannon along with a whole host of other athletes. The emails absolutely change it. It shows intent to use likeness to generate revenue. The emails from the NCAA specifically mention the deal with EA relying on them using player likeness.

If the NCAA sold likeness to EA and EA used it to generate revenue a judge can rule that they violated the Sherman Antitrust Act.

And forget about the TV analysis of if they cant go after them for TV then video games are safe. You keep thinking this is about a video game. THEY DONT CARE ABOUT THE VIDEO GAME. They are going after TV next. The video game is the small fish that they are targeting to break the amateurism wall of the NCAA. Thats why the NCAA sued to have the original case thrown out. The case had merit before discovery. Now the emails revealed through discover are why most legal analysts are saying the NCAA is in serious trouble here.

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Old 07-12-2013, 05:18 PM   #67
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Re: Why do past players thinking Suing E.A. sports for their likenesses will do any g

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Originally Posted by Jeff George
The case is officially Ed O'Bannon v. the NCAA and CLC. It's an antitrust case that claims "the NCAA has organized, maintained, and operated an illegal horizontal cartel consisting of its member schools and conferences, additionally facilitated by Defendant CLC. The cartel has collectively and illegally conspired to limit and depress the compensation of former student-athletes for continued use of their images to zero." EA Sports is listed as a "co-conspirator" in the complaint, not a defendant. Someone with actual legal chops could probably draw a clearer distinction as to what that all means. But no, EA is not the one being directly sued here.
Correct defendant is the wrong word because since its technically an antitrust issue the target is to prove that they were part of the effort to set the player's likeness worth without consulting the player.
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Old 07-12-2013, 05:28 PM   #68
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Re: Why do past players thinking Suing E.A. sports for their likenesses will do any g

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Originally Posted by simgamer0005
But the emails don't change the fact that they didn't actually use any player names in the product.
The complaint is suggesting that a "likeness" consists of more than just a player's name. Things like height, weight, hometown, throwing arm, skin tone. That they've included the CLC in the complaint suggests they think a player's number (on jerseys or other merchandise) is sufficient likeness.
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Old 07-12-2013, 07:12 PM   #69
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Re: Why do past players thinking Suing E.A. sports for their likenesses will do any g

I don't see EA losing this case, a player doesn't "own" his number on his
jersey, or his height or weight.
Maybe if EA some how manages to lose the case & stops making
the NCAA series, I could sue O'Bannon & Keller for depriving me
of my enjoyment of playing video game college football lmao
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Old 07-12-2013, 09:49 PM   #70
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Re: Why do past players thinking Suing E.A. sports for their likenesses will do any g

Sad how all of these ppl are blaming the players in the lawsuit just because they don't wanna lose their video game, yet none of those ppl have come up with a logical, fact based reason for why those players should not have a right to compensation based on the fact that their likenesses were used for profit. Keep in mind an EA employee has already stated that the company did use player likenesses in their video games.

If a judge/ jury decides the players don't deserve anything then I'll accept that because I would know the decision was based on the facts available in the case, not childish, selfish emotion.
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Old 07-12-2013, 10:07 PM   #71
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Re: Why do past players thinking Suing E.A. sports for their likenesses will do any g

I feel you gave them the right to sue in your first post. You said its our "god" given right well then it is their "god" given right to sue.
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Old 07-12-2013, 10:18 PM   #72
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Re: Why do past players thinking Suing E.A. sports for their likenesses will do any g

Grand Theft Auto stole my likeness and life story when they created Tommy Vercetti. Really hoping we can settle out of court though.
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