O'Bannon Legal Team Reacts to NCAA Decision

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  • RaychelSnr
    Executive Editor
    • Jan 2007
    • 4845

    #1

    O'Bannon Legal Team Reacts to NCAA Decision


    In a brief sent over to us by the O'Bannon defense team at the law firm Hagens Berman, the law firm alleges that the NCAA is trying to duck its responsibilities to the student athletes who they claim have been wronged by both the NCAA and EA.

    “This announcement makes plain that the NCAA is attempting to mitigate the damage by ducking its responsibilities" co-lead counsel Steve Berman said in a statement. "We look forward to taking this case to trial and winning compensation for student-athletes whose likenesses were used without their permission, in violation of both the NCAA’s rules and the law.”

    According to Berman, they are delighted the NCAA has left the video games business, "“While we are heartened they’ve stopped the practice, we believe they owe those student athletes a great deal more than their implied promise to stop stealing their images."

    The O'Bannon suit is scheduled to be certified (or not) as a class action suit very soon, which will carry with it enormous possible penalties for both EA and the NCAA.

    In response to the lawsuit, the NCAA's credit rating outlook was downgraded to negative by Moody's in late June. While this doesn't mean the rating has been downgraded, there is fear that should O'Bannon win, the organizations solvency could come into question.
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  • BleedGreen710
    Eagles Fan
    • Oct 2012
    • 4025

    #2
    Re: O'Bannon Defense Team Reacts to NCAA Decision

    I don't see how he can possibly lose the case..

    Comment

    • Bigsheen
      MVP
      • Nov 2010
      • 1741

      #3
      Re: O'Bannon Defense Team Reacts to NCAA Decision

      I like the fact that they are trying to bring down the NCAA, it just sucks that the game has to be in the middle of it all. I'm glad the NCAA is off the name of the game, however, it would seem that the damage has been done and well just have to see the end result.
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      • Razorback73
        Rookie
        • Jul 2012
        • 125

        #4
        Re: O'Bannon Defense Team Reacts to NCAA Decision

        If O'Bannon wins this lawsuit and college football videogames go away, I'm going to sue him for stealing my potential enjoyment of future videogames. I value the damages as a result of this at no less than $4 million. Anyone else wanna jump in on this?

        Comment

        • BA2929
          The Designated Hitter
          • Jul 2008
          • 3342

          #5
          Re: O'Bannon Defense Team Reacts to NCAA Decision

          Are they called his "defense team"? Because they aren't really defending anything. Wouldn't they be the prosecution and EA's team the defense team?

          JW here. My law knowledge comes mainly from John Grishan books.
          Last edited by BA2929; 07-18-2013, 08:13 PM. Reason: Grisham, not GrishMAN.
          "Baseball is the coolest sport because, at any moment, the catcher can stop the game and go tell the pitcher a secret" - Rob Fee

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          • JLoco11
            Rookie
            • Jun 2013
            • 236

            #6
            Re: O'Bannon Defense Team Reacts to NCAA Decision

            O'Bannon's legal team will beat the likeness argument in court... I can't imagine how he loses that end of the lawsuit.

            Where the lawyers are going to fail, is going to be what compensation amateur athletes are entitled to. When you register with the NCAA (in any sport, not just football), you waive your rights of representation on the universities behalf.

            They can put you on posters, programs, television from games to sports shows, to media guides... and every athlete signs their rights away when they join NCAA division sports.

            O'Bannon and Keller are going to win the battle of likeliness in a game, but they're going to lose the war against the NCAA for signing their rights away. They're going to lose against a system of amateur rules (as unfair as they may be), going back to old Olympic rules that most governing bodies have adopted.

            Comment

            • mctrees02
              Rookie
              • Jul 2007
              • 127

              #7
              Re: O'Bannon Defense Team Reacts to NCAA Decision

              Originally posted by BA2929
              Are they called his "defense team"? Because they aren't really defending anything. Wouldn't they be the prosecution and EA's team the defense team?

              JW here. My law knowledge comes mainly from John Grishman books.
              They are defending his interest in the case.

              Next time you're at the library, you might want to pick up a John Grisham novel instead. You might be able to expand your knowledge of the law a bit more with his writings!

              Comment

              • mjavon
                MVP
                • Jul 2013
                • 1502

                #8
                Re: O'Bannon Defense Team Reacts to NCAA Decision

                If it is determined that athletes deserve to be compensated for their likenesses being represented in a video game, who's to say they don't deserve to be compensated for all the other gains the NCAA has made using them? Do you guys think this case could be the straw that breaks the camel's (or the NCAA's) back?
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                Comment

                • Captain Fear
                  Rookie
                  • Jul 2011
                  • 73

                  #9
                  Re: O'Bannon Defense Team Reacts to NCAA Decision

                  It really just comes down to if a jury believes #whatever is or isnt said person in a video game. I mean they have same numbers,but do the pictures in the game look like anyone? I really don't think they do.

                  Comment

                  • inkcil
                    All Star
                    • Jul 2002
                    • 5253

                    #10
                    Ha ha all this talk about being paid...funny thing is it will come down to who is willing to pay the judge.
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                    • Captain Fear
                      Rookie
                      • Jul 2011
                      • 73

                      #11
                      Re: O'Bannon Defense Team Reacts to NCAA Decision

                      And another thing. If a jury thinks #2 is Manziel or #5 is Braxton Miller then that is fine. The thing is though they better stop selling these jerseys with #2 or #5 on them at stadiums and at schools. It is the same thing.

                      Comment

                      • RaychelSnr
                        Executive Editor
                        • Jan 2007
                        • 4845

                        #12
                        Originally posted by Captain Fear
                        And another thing. If a jury thinks #2 is Manziel or #5 is Braxton Miller then that is fine. The thing is though they better stop selling these jerseys with #2 or #5 on them at stadiums and at schools. It is the same thing.
                        This will touch a lot more than video games if O'Bannon and Keller's team wins. Everything from TV broadcasts to apparel will be brought in at some point!
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                        Comment

                        • RaychelSnr
                          Executive Editor
                          • Jan 2007
                          • 4845

                          #13
                          Originally posted by BA2929
                          Are they called his "defense team"? Because they aren't really defending anything. Wouldn't they be the prosecution and EA's team the defense team?

                          JW here. My law knowledge comes mainly from John Grishman books.
                          Not the best at Laywerese myself, but decided for the sake of simplicity to simply change it to Legal team. That way, there can be no confusion!!
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                          Comment

                          • goalieump413
                            Stay thirsty my friends
                            • Apr 2010
                            • 488

                            #14
                            Re: O'Bannon Defense Team Reacts to NCAA Decision

                            Originally posted by mjavon
                            If it is determined that athletes deserve to be compensated for their likenesses being represented in a video game, who's to say they don't deserve to be compensated for all the other gains the NCAA has made using them? Do you guys think this case could be the straw that breaks the camel's (or the NCAA's) back?
                            This, of course, has been an increasingly popular discussion across the country. Should student athletes get paid to play (football)? The answer, I think, lies in the scale to which college football has become such a powerfully profitable enterprise. Think about it, EA Sports sells an NCAA football game because college football is huge. They don't sell a college baseball game because college baseball isn't huge. It comes down to market demand.

                            This lawsuit is more a catalyst to changing the landscape of money in college athletics than the largely academic debate that's been ongoing. Former players think that they should profit from video game sales, but that only kicks down the door to any other sale of merchandise related to their college playing career. Watch out.

                            Comment

                            • The JareBear
                              Be Good To One Another
                              • Jul 2010
                              • 11560

                              #15
                              Re: O'Bannon Legal Team Reacts to NCAA Decision

                              Originally posted by MMChrisS
                              This will touch a lot more than video games if O'Bannon and Keller's team wins. Everything from TV broadcasts to apparel will be brought in at some point!
                              No doubt this is a big deal in many ways than one.
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