Lawyers Never Wanted to Sack the EA Sports College Football Series

[xandermole25]

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.

i understand that it's not real black and white but here is another bi-law
if you read bi-law 12.5.2.1 it states that no student athlete should allow their number, name, or image to be used to promote a commercial product (it can be argued that their likeness being used in a video game counts as promoting)
12.5.2.1.2 states that member institutions cannot use the students image in the above manner without their consent or that it would be considered an institutional offense
and other parts of 12.5 go into more detail about students needing to give permission before an item is sold with their likeness

[bkrich83]

Quote: Originally Posted by RedSoxFox7

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.

Yeah I thought about that. I don't think amateurism rules as they apply to NCAA athletes will change. It appears though there's merit to the Anti-Trust portion.

Once we start allowing players to start marketing themselves, might as well kill college football and basketball. The agents, gamblers, etc, will now be impossible to keep from influencing players.

[bkrich83]

Quote: Originally Posted by xandermole25

i understand that it's not real black and white but here is another bi-law if you read bi-law 12.5.2.1 it states that no student athlete should allow their number, name, or image to be used to promote a commercial product (it can be argued that their likeness being used in a video game counts as promoting) 12.5.2.1.2 states that member institutions cannot use the students image in the above manner without their consent or that it would be considered an institutional offense and other parts of 12.5 go into more detail about students needing to give permission before an item is sold with their likeness

I guess maybe I should have actually read the forms I was signing when i was an NCAA athlete.

[La Verite]

A video game tho

[RedSoxFox7]

Quote: Originally Posted by bkrich83

Yeah I thought about that. I don't think amateurism rules as they apply to NCAA athletes will change. It appears though there's merit to the Anti-Trust portion.

The amateurism rules are the antitrust portion.

The antitrust claim is essentially that the amateurism rules amount to price fixing.

The right-of-publicity claim (which EA & CLC just settled, but is still open with the NCAA) is for the IP violations.

Quote:

Once we start allowing players to start marketing themselves, might as well kill college football and basketball. The agents, gamblers, etc, will now be impossible to keep from influencing players.

So what? It's not a problem in pro sports, and it's not going to change a hell of a lot with what schools players are going to.

The real payday will still be the NFL or NBA, and the players with market value will still be going to the same schools they've been going to - so they can get the exposure, training, competition, etc. necessary to make it to the next level.

It's also entirely possible that the NCAA changes the rules in a regulated manner, e.g. capping income from marketing or only allowing marketing with approved entities, allowing marketing agents but not player agents, allowing money from marketing but not boosters, etc.

Either way, I don't see how the competitive balance changes much. Money is already a major determining factor in where the kids go (the $300 million Phil Knight has given to Oregon, for example), and I don't see allowing players to put some of that money in their pocket changing a whole lot. Top recruits will still be picking SEC or Pac-12 schools over MAC or Sun Belt schools all the same.

[sactown_13]

Quote: Originally Posted by Mr. Awesome2103

What are the chances that another college video game, weather it be football, basketball, etc. be made in the future? Maybe even by another company such as 2K Sports.

Slim to none. At least not until this lawsuit with the players and ncaa is solved.

[da ThRONe]

Quote: Originally Posted by JerseySuave4

If you don't think EA was using player's likenesses then you are clueless. When DE #7 on South Carolina is the same height, weight, position, race as Clowney, it's pretty blatant that it's his likeness. Just because they don't use his name doesn't mean it's not his likeness. And those calling this a money grab are just pissed that EA isn't making the game anymore. This is not just about EA or video games, this issue is not over. This is about college kids getting suspended because they sign their own name on something while the school bookstore sells t-shirts with their picture and number all over it. It's about the fact that college football is a billion dollar industry but the players aren't seeing a dime unless they do so illegally. And yes MOST (not all) receive scholarships to pay for books, tuition, etc. but unlike other students who can go have a job to have some spending cash, these players are required to attend meetings and weight lifting, film study, etc. so they aren't able to work like others can. If EA didn't feel they did something wrong then they wouldn't have thought settling and ultimately ending the series would be the best decision.

This is excluding home state and all #7 similar physical abilities as Clowney.

[Forestman]

NCAA will continue making millions and I'm sure someone will step in to make money off a video game.

Too much money to be had. This lawsuit is just a blimp in time that will eventually fade away. College players won't ever get paid because it just simply won't work IMO. Too many schools out there who depend on money generated from their sport programs that paying out to the players just doesn't make financial sense. Some schools already loose money on their programs so having to pay players would mean they'd have to cancel their sports programs. NOT GONNA HAPPEN.

If anything the NCAA will wordsmith their legal docs and that will be that.