The O'Bannon Lawsuit Just Got Worse...

[GisherJohn24]

I don't remember players ever looking good in NCAA, let a lone looking like the real guys...Oh well. That's just me.

[Sundown2600]

Quote: Originally Posted by aholbert32

The lawsuit was amended and CLC was named as a defendant. They also expanded the scope of the suit to include not just video games. The suit now includes the TV revenue that the NCAA and conferences generate and the things like jerseys that Nike and Adidas sell. If you are wondering why jerseys are an issue, Nike and Adidas regularly sell jerseys that feature star players numbers (not names) while the players are in college. Does this make the lawsuit worse? No. If anything Obannon's lawyer screwed up initially and made the scope of the lawsuit too small. It was dumb of them to focus solely on video games initially Before you guys start panicing about the CLC being named and it affecting future versions of EA's game....dont. CLC being named doesnt mean that a judgment against them is coming and Obannon's lawyers will have a much more difficult argument to make against CLC than EA and NCAA. CLC's defense is simply they license the school's marks not student likenesses and have no control over whether student athletes get paid. NCAA does. I dont see this changing the path of the lawsuit or future college football games at all.

Thanks for that extra info about Nike and Adidas I didn't know they were now going after the jerseys. What you said at the end I highlighted in red and I agree with it theory, but I don't think it's that simple. I'm sure the CLC and EA, or any other video game publisher will want to be extra careful considering how long the decisions in these cases could potentially resonate throughout the college athletic world. I think the desire to make some profit off of a video game will possibly at some point motivate the CLC and a publisher to sit down and make a deal, but I think it would be later rather than sooner.

There's gonna be a lot of smoke after this fire and a lot of ppl are gonna be choking and coughing. Gonna be dark and hazy for awhile. Another thing to consider is risk and reward. NCCA football sells well I would imagine, but it's not selling like Madden or Fifa I think I can assume that as well. Why take a chance in the near future considering all the fallout that is to come?

Quote: Originally Posted by GisherJohn24

I don't remember players ever looking good in NCAA, let a lone looking like the real guys...Oh well. That's just me.

Last gen IMHO EA went all out to make the players look like their real life counterparts, especially when you consider the extra hair styles and physical customization options available at the time. The only thing that held them back was the technology at the time. I can't remember the exact years when Hawaii QB Timmy Chang was in school, but I remember vividly looking at his 'likeness' and saying to myself "Damn, this guy looks Asian!" I swear I wish I could find a pic of that on the internet. I might just buy the game and check it out again.

[lord_mike]

There are some rights that you cannot sign away, especially if it can be proven that they were done under some sort of duress or blackmail. I don't know if that is the case here. I guess we are about to find out. When all is said and done, I'm guessing that the Supreme Court and/or congress will mostly side with the NCAA, but that could take years and it's not a sure thing by any means. The O'Bannon case is strong, especially since the NCAA defense is, "Well... yeah... OK... but... but... football!" hoping that some appellate judge will be a college football fan and side with them in spite of the evidence (like Kennesaw Mountain Landis did for baseball). In the meantime, everything is in limbo. It wouldn't surprise me if college game development gets suspended entirely for awhile while this is sorted out. And if development is suspended, then they might not come back to it at all. Now that TV is involved, we may see a lot of the TV stuff scaled back as well. It's going to be very interesting how this all sorts out, but we won't know anything for sure for at least several years.

[Aggies7]

Quote: Originally Posted by NDAlum

I was left out of the College Baseball game 2007 by EA and PISSED! I wanted them to use my player likeness!

That furthers my earlier point. I always wanted to be in a video game without creating myself. Not to be paid for it but I think it's an honor.

[aholbert32]

Quote: Originally Posted by Sundown2600

Thanks for that extra info about Nike and Adidas I didn't know they were now going after the jerseys. What you said at the end I highlighted in red and I agree with it theory, but I don't think it's that simple. I'm sure the CLC and EA, or any other video game publisher will want to be extra careful considering how long the decisions in these cases could potentially resonate throughout the college athletic world. I think the desire to make some profit off of a video game will possibly at some point motivate the CLC and a publisher to sit down and make a deal, but I think it would be later rather than sooner. There's gonna be a lot of smoke after this fire and a lot of ppl are gonna be choking and coughing. Gonna be dark and hazy for awhile. Another thing to consider is risk and reward. NCCA football sells well I would imagine, but it's not selling like Madden or Fifa I think I can assume that as well. Why take a chance in the near future considering all the fallout that is to come?

The CLC and EA are going forward while a lawsuit is ongoing. If an active lawsuit and a potential judgment arent enough to make them stop making the game...nothing short of a judgment banning CLC from licensing marks in video games will stop them. And that wont happen.

There is no fallout potential now. If EA wins the suit, its the status quo. If EA loses and pays a settlement, EA will want to recoup that money through making the game in subsequent years. O'bannon just wants players to get paid. He wants the CLC to continue to license products with player's likenesses as long as players get a cut.

Jloco11 is 100% right with his view of the case. The compensation argument is lost once you sign the scholarship. IMO, people are letting the ESPN hype and news media coverage of the case cloud the legal arguments. O'bannon's case is a difficult one to win.

[Sundown2600]

Quote: Originally Posted by Aggies7

That furthers my earlier point. I always wanted to be in a video game without creating myself. Not to be paid for it but I think it's an honor.

Well that's very honorable of you, but this case is basically about profiting off of the likeness of another person without their consent. That's what the lawyers and the judge are dealing with.

Quote: Originally Posted by JLoco11

The fact that EA wanted to pay, doesn't change anything. The fact that the NCAA took the money, still doesn't change anything with the lawsuit. Amateur/professional rules have been very clear for the last 40+ years since the Olympics defined the differences. The NCAA has piggy backed off those rules for 40 years, which have been upheld in numerous world courts. When athletes join the NCAA, they waive their rights for representation. Universities can use their likeness, and they cannot be compensated due to amateur rules. Think of like like any club membership. You sign up for a club, and you have to adhere to the rules of the club. NCAA essentially operates like a private club, with it's own rules. Rules the follow the Olympic guidelines of amateurism. O'Bannon is going to win the likeness argument... but he's going to lose the overall argument of compensation for athletes. They can portray EA, the NCAA and CLC as the greediest monsters in the world, making backroom deals and screwing over students.... but when he signed up to play basketball, signed his waiver to play in the NCAA, he signed away his right to compensation as an amateur.

What I highlighted in red, is this in the NCAA rulebook? If it is I would love to see it, plus that also contradicts what I highlighted in blue, unless I misunderstood.

[GisherJohn24]

if i was a sucky football player, I'd be happy to be on any video game, for free. lol I think that's awesome.

[Pozy6664]

Everyone can jump off a bridge. Sam Keller was lame. IDK wtf though.