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Court Rules EA's Use of College Athletes Not 'Artistic Expression'

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Old 05-23-2013, 06:58 PM   #25
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Re: Court Rules EA's Use of College Athletes Not 'Artistic Expression'

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Originally Posted by dghustla
Damn Jersey we were having an intelligent conversation before you had to throw in personal attacks.
You said:
"O'Bannon's name is the main one on the lawsuit in the same way Tom Brady's name was the one on the lawsuit when the players sued the NFL during the lockout. "

IDK that looks like a comparison to me considering you used the phrase "in the same way".

Bill Russell and Oscar Robinson were not members of an NCAA institution when their likenesses were used without consent and should be compensated.

These are not stereotypes. Are you denying that Athletes get preferential and reduced enrollment requirements based on their athletic scholarship status?

Last year the 3rd string QB at OSU caught heat for saying that he wasn't at OSU to attend classes. He has no shot at the NFL and even he feels that way. I didn't say all athletes fit that mold.

Now looking at the chart Kevin Durant was at Texas for barely 6 months before he bolted to the NBA. So you feel he should have been paid $125,000 per month while he was a "student athlete"? The university gave him the scholie, and exposure to promote himself and his talent on a national stage what is the value of that? I hear you saying what the athletes do for the school. But how does Kevin Durant become the #2 pick in the draft without UTexas brand's exposure? How much more marketable was Durant because he played at Texas instead of Depaul? Do we ever hear of Ed O'Bannon if he enrolls at Cal Poly?
The athletes are getting more than their fair share.
The NBA has made a rule that prevents Kevin Durant from going right to the NBA from high school. Kevin Durant didn't need Texas to gain exposure to get him to the NBA. Kevin Durant was going to the NBA because Kevin Durant was good enough to be going to the NBA. Texas benefited more from Kevin Durant than Kevin Durant did from Texas. Not just in the money they have made and continue to make off of him. But for what it means to have someone of his stature had played at their University because of who he has become. He would have went on to be a star whether he went to Texas, Texas A&M, Oklahoma, Maryland, UNC, Duke, USC... wherever.

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But how does Kevin Durant become the #2 pick in the draft without UTexas brand's exposure?
Same way Lebron became the #1 pick in the draft without the need of a college team.

Quote:
Last year the 3rd string QB at OSU caught heat for saying that he wasn't at OSU to attend classes. He has no shot at the NFL and even he feels that way. I didn't say all athletes fit that mold.
Players breaking the rules is just more reason that the rules need to be changed. Players & Universities get punished because players take gifts or money under the table. It's against the rules for a kid to take a few bucks from someone after a game. A kid is offered a free tattoo if he signs a picture for someone but that's against the rules. So lets continue to have things done a dirty, under the table way or call college athletes what it is, the minor leagues. It's basically training for their desired profession. You go to business school to get a job training in business, you go to Ohio State as a football player to get job training in football.

A kid transfers, he must sit out a year. A coach takes a job somewhere else, he can coach right away. But lets keep things the way they are because it's been that way instead of adapting to the times and realizing that the current system in place is not fair or the best system for all parties involved.

Last edited by JerseySuave4; 05-23-2013 at 07:04 PM.
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Old 05-23-2013, 07:00 PM   #26
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Re: Court Rules EA's Use of College Athletes Not 'Artistic Expression'

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Originally Posted by ncaafootball14markus
then FRIGGIN SUE the university you attended. why are you suing a video gaming industry for a few thousand dollars?!?
if you think this lawsuit is for a few thousand dollars then you're crazy. This lawsuit is worth BILLIONS. The implications from this lawsuit are huge because it will become the foundation for future lawsuits. The call to compensate college athletes is getting stronger so don't think this is just some small money grab at EA.

This is bigger than EA, this is bigger than a video game.
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Old 05-23-2013, 07:24 PM   #27
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Re: Court Rules EA's Use of College Athletes Not 'Artistic Expression'

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Originally Posted by JerseySuave4
if you think this lawsuit is for a few thousand dollars then you're crazy. This lawsuit is worth BILLIONS. The implications from this lawsuit are huge because it will become the foundation for future lawsuits. The call to compensate college athletes is getting stronger so don't think this is just some small money grab at EA.

This is bigger than EA, this is bigger than a video game.
I agree with this statement. However, morally I have to say: the hypocrisy of the NCAA and their multi-layered (role in) explotation of these "STUDENT" athletes far exceeds any "wrong-doing" of any shoe company producing numbered jerseys, t-shirts, EA, or other video game company. Truth is the Universities profit the most from these athletes, and these other companies merely play a minor role (annual merchandising, advertising, marketing, etc.) in the grand scheme. The thing that rubs me the wrong way with these lawsuits is that they fail to strike at the true core of the issue: The NCAA!!!
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Old 05-23-2013, 07:32 PM   #28
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Re: Court Rules EA's Use of College Athletes Not 'Artistic Expression'

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Originally Posted by Rasco11
I agree with this statement. However, morally I have to say: the hypocrisy of the NCAA and their multi-layered (role in) explotation of these "STUDENT" athletes far exceeds any "wrong-doing" of any shoe company producing numbered jerseys, t-shirts, EA, or other video game company. Truth is the Universities profit the most from these athletes, and these other companies merely play a minor role (annual merchandising, advertising, marketing, etc.) in the grand scheme. The thing that rubs me the wrong way with these lawsuits is that they fail to strike at the true core of the issue: The NCAA!!!
They're going to get theirs. It's easier to start by going after EA for these games. Seems pretty clear and even a former EA employee admitted that the players in the games were based on real people. And it's not something where they can just say, "oops, we're sorry, we won't do it again" and that will be it. They'll pay. And this case will then be used as the foundation for a lawsuit against some other entity that is making profits off of the college athletes until they build a strong enough case to then go against the big boy in this whole thing, the NCAA.
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Old 05-23-2013, 07:37 PM   #29
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Re: Court Rules EA's Use of College Athletes Not 'Artistic Expression'

It also doesn't help EA's case when they use the athlete's name in a play in the game like they did with Tebow in NCAA Football 10.

http://www.sbnation.com/college-foot...aa-football-10





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Old 05-23-2013, 09:13 PM   #30
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I don't understand how playing a video game is worse than watching a game on TV. When I watch a Duke-UNC game on television, I can see the players faces with their names on their jerseys in pure high definition. Sure, I want to see great players competing, but I mostly tune in because it's Duke-UNC. The actual players are secondary. Same with college sports video games. I want to play as the schools, and for authenticity if some fans want to edit the rosters to match the players real names, what's the difference? I don't buy a game because it has a player that looks kind of like Ryan Hart from Rutgers. I buy for the collective collegiate experience. Start by suing the TV stations, the videogame makers are an unfair first target. TV is where all those billions come from.
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Old 05-24-2013, 02:17 PM   #31
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Re: Court Rules EA's Use of College Athletes Not 'Artistic Expression'

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Originally Posted by chi_hawks
These kids don't have to accept the scholarship and the 40-50k per year in clothing/food/tuition/travel/ammenities/board/etc.... it entitles. I think this whole thing is silly. You can show me their real "market worth" - doesn't matter. Pretty sure their scholarship says they must maintain amatuer status to remain on the team. Part of amatuer status isn't getting your market value in US currency. If they want that - let em go pro.
Yes, they receive scholarships, but did you know, these scholarships aren't guaranteed for 4 years? Instead, these scholarships are for 4, 1 year deals, meaning that a student can have their scholarship revoked at any time. Imagine being a junior and finding out your scholarship was revoked so Coach can give it to an incoming freshman, juco, walk-on, etc. You're a kid, most likely coming from a family without the means to pay for college, and you've just lost the only means in which for you to be able to attend school.

What do you do now as this student athlete? Try to afford said education while now having to incur tuition, room & board, books, etc. while also continuing to play sports (the main reason you came to said college) and having to hold down a job? Not so easy. You claimed they could enter the draft. Well, what if a students overall goal was not to make it to the pros - or in the case of some female athletes, there are no pros! - and instead you actually wanted to earn a degree towards a real career. The task becomes even more complicated

The whole collegiate system has been twisted to exploit these kids whether that be a stud at a powerhouse football program or a marginal player on a softball team. While I agree, they are very fortunate to have free money thrown at them to play sports while in school, one also has to take into account these are kids 18-23 and are signing their rights away to a massive, money making, lawyer-backed machine that is the NCAA & their corporate bedfellows. This isn't just regulated to video games, it's apparel sales, marketing materials, promotional campaigns, etc.

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Old 05-24-2013, 04:18 PM   #32
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Re: Court Rules EA's Use of College Athletes Not 'Artistic Expression'

Quote:
Originally Posted by chi_hawks
These kids don't have to accept the scholarship and the 40-50k per year in clothing/food/tuition/travel/ammenities/board/etc.... it entitles. I think this whole thing is silly. You can show me their real "market worth" - doesn't matter. Pretty sure their scholarship says they must maintain amatuer status to remain on the team. Part of amatuer status isn't getting your market value in US currency. If they want that - let em go pro.
That's not the scholarship rule, that's an NCAA rule and it is not replicated anywhere else in the academic system. If a kid earns a merit scholarship for academics, there's nothing preventing him from also holding down a job. There's also nothing preventing Nike from paying a kid's tuition to go learn marketing. But if he's an athlete that's no longer allowed.
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