The O'Bannon Lawsuit Just Got Worse...

[lord_mike]

Quote: Originally Posted by aholbert32

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

Yes it does make it worse, since the NCAA is employing the Chewbacca defense and pretty much laying down hoping that a majority of the Supreme Court are football fans. Perhaps now that TV is involved, the networks will hire some competent lawyers who will actually mount a defense instead of arguing against the obvious.

[MrSerendipity]

I really wouldn't have a problem with the players being paid IF they weren't already getting a free education AND it wasn't against the rules for them to accept payments.

[JLoco11]

Quote: Originally Posted by 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.

As long as the rights you sign away are legal, you can sign away almost anything. As long as you know the rights you're signing away, it's clearly written (which the NCAA rider is), athletes do not have a leg to stand on in courtrooms.

The NCAA is a glorified membership. Athletes agree to membership rules, and part of amateur rules (outside of the NCAA) is that amateurs cannot accept money.

Think of the PGA. When amateurs win, they can only accept prize money up to a limit ($1,000 over expenditures), that's it. If an amateur wins The Open this weekend in England, he can't keep the million dollar prize money. He only gets $1,000 over expenditures. Amateur rules apply to more than just the NCAA, which is where O'Bannon's argument falls apart.

[bluengold34_OS]

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!

They made sure to get your best friend in the world in there though -



He said to tell you hello

[lord_mike]

Quote: Originally Posted by aholbert32

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.

The CLC and EA are going forward for now, but that may change. The NCAA changed their mind, the CLC can, too.

Quote: Originally Posted by aholbert32

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.

And yet, he's winning. The case is about to become a class action. The judge has pretty much telegraphed that O'Bannon is likely to win, which is why the NCAA is bailing. It should be a tough case to win, and yet it's seeming like a slam dunk for the moment.

[Sundown2600]

Quote: Originally Posted by aholbert32

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.

If I can get a link to the NCAA rulebook supporting this argument I will gladly accept what you are saying. If players go in knowing these universities and the NCAA have a right to use their likeness and image in ANY why they see fit to generate revenue, then why is there a lawsuit to begin with?

That's what I don't understand.

Quote: Originally Posted by rangerrick012

Tired of seeing people saying obannon just had a gripe because he washed out when Bill Russell and Oscar Robertson are also a part of the suit. They didn't exactly wash out now did they?

Lol yeah I agree with you. Ppl are nervous they're gonna lose their football fix. When I look at it that way I understand why the anger is directed towards the players.

[BadAssHskr]

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.

which still make me believe it a handful of sourpusses out there making a stink.

as far as local news, and following players on twitter, when the games drop, they are ALL excited about seeing themselves in the game. they joke, laugh, poke fun at their, and teammates ratings, sizes, etc.

i don't really care what they (keller, o'bannon) say, they're pissed off their life didn't work out quite the way daddy told them it would.

the good ole college days wen't to the way side, the chicks started dropping like flies, there was no professional money, and they have to find a way to make themselves relevant again.

[JLoco11]

Quote: Originally Posted by lord_mike

The CLC and EA are going forward for now, but that may change. The NCAA changed their mind, the CLC can, too. And yet, he's winning. The case is about to become a class action. The judge has pretty much telegraphed that O'Bannon is likely to win, which is why the NCAA is bailing. It should be a tough case to win, and yet it's seeming like a slam dunk for the moment.

A class action suit doesn't mean someone is "winning". A class action suit just means more people are involved as 1 entity. Instead of 75 people suing someone over 1 issue, you get all 75 into 1 group to sue that entity.

It's not a slam dunk case. The legal maneuver to get current athletes on the suit is to ensure that all years of NCAA football are covered in the lawsuit. From a trickle down effect, it's the only way O'Bannon can gain money since his statue of limitations ran out 4 years ago.