Lawyers Never Wanted to Sack the EA Sports College Football Series

[bkrich83]

Quote: Originally Posted by RedSoxFox7

Likeness rights are a form of intellectual property.

My understanding is IP's are things that are trademarked or copyrighted or proprietary in nature.

[RedSoxFox7]

Quote: Originally Posted by bkrich83

My understanding is IP's are things that are trademarked or copyrighted or proprietary in nature.

Those are also forms of IP. I'm not sure why you think your own image would be any different.

Not relevant here, but patents are IP too.

[bkrich83]

Quote: Originally Posted by RedSoxFox7

Those are also forms of IP. I'm not sure why you think your own image would be any different. Not relevant here, but patents are IP too.

I know patents are.

[xandermole25]

Quote: Originally Posted by bkrich83

Prior to playing an Athlete has to sign From 08-3a. [/b] So not sure you're entirely correct.

you are correct, they are allowed to use the likeness(conferences, the school, and the bowl games, tournaments etc.) for the promotion of the games the NCAA... but obviously the NCAA doesn't feel that they can do that with video games based on those remarks they don't think they have the right so
also upon reading bi-law 12.5 the likeness is allowed for educational or other purposes considered critical to their participation as student athletes... which I don't think video games fall under... again the remarks by Remy

[bkrich83]

Quote: Originally Posted by xandermole25

you are correct, they are allowed to use the likeness(conferences, the school, and the bowl games, tournaments etc.) for the promotion of the games the NCAA... but obviously the NCAA doesn't feel that they can do that with video games based on those remarks they don't think they have the right so also upon reading bi-law 12.5 the likeness is allowed for educational or other purposes considered critical to their participation as student athletes... which I don't think video games fall under... again the remarks by Remy

Yeah I see the remarks by Remy. I don't think it's quite as black and white as some think. Maybe it's just me.

I am also not sure what's being accomplished by all this other than making attorneys wealthier.

[prowler]

Why are we going back and fourth on an issue that's already been decided?

There's nothing the law offices of Operation and Sports could argue that EA's actual legal team didn't think of.

EA lost. Old news. That's not what the OP is about.

[RedSoxFox7]

Quote: Originally Posted by bkrich83

Yeah I see the remarks by Remy. I don't think it's quite as black and white as some think. Maybe it's just me. I am also not sure what's being accomplished by all this other than making attorneys wealthier.

What's accomplished is putting a stop to the NCAA ignoring their own bylaws and violating IP law (at a minimum). What may further be accomplished, if the antitrust part of this goes anywhere, are changes to the amateurism rules. The end game being players being able to be compensated for their use of their likeness.

[bkrich83]

Quote: Originally Posted by prowler

Why are we going back and fourth on an issue that's already been decided? There's nothing the law offices of Operation and Sports could argue that EA's actual legal team didn't think of. EA lost. Old news. That's not what the OP is about.

I thought they settled?

At least O'Bannon got his $300 though.