NCAA Sam Keller vs. EA Update (Patent Arcade)

[da ThRONe]

Re: NCAA Sam Keller vs. EA Update (Patent Arcade)

Ofcourse if he was making NFL dollars this wouldnt be an issue ,but he didnt so that arguement is irrelevant.

At first I was on the young men side's with this situation. But being on OS a reading some very well thought out stances. A free ride to a major university is a ton of money on its own. These parents need to start teaching their kids to take advantage by getting those diploma's.

From what I understand just like pro-players sign there likeness away when they sign a NFL contract. A college kid signs those likenesses away for free when they sign those LOI's.

[JerseySuave4]

if he wins this case it goes beyond just a video game. Then basically either the NCAA has to pay players (which opens up pandora's box and ruins college sports) or the NCAA will just stop putting anything with players on anything. That means selling jerseys with a current player's number, posters with player's pictures, and basically anything else because those can be considered based on player's likenesses just like the video game.

[prowler]

Re: NCAA Sam Keller vs. EA Update (Patent Arcade)

if he wins this case it goes beyond just a video game. Then basically either the NCAA has to pay players (which opens up pandora's box and ruins college sports) or the NCAA will just stop putting anything with players on anything. That means selling jerseys with a current player's number, posters with player's pictures, and basically anything else because those can be considered based on player's likenesses just like the video game.

That's not going to happen, there's a reason he decided to go after EA and not the NCAA. As we're witnessing he has a legitimate chance of winning against EA, the same can't be said against an educational institution.

Against EA he can (and will) make the argument that a publicly traded company is profiting off his likeness without his permission, the same can't be said for the NCAA. He was offered a chance at a free education from two major universities, something that costs the average person tens of thousands of dollars.

If he were to go after the NCAA, all they'd do is show him the bill for what he would've paid in tuition, books and housing adjusted for inflation with interest (since I doubt he was smart enough to get academic scholarships and would've taken out loans) and his lawsuit goes away quietly.

[RaychelSnr]

That's not going to happen, there's a reason he decided to go after EA and not the NCAA. As we're witnessing he has a legitimate chance of winning against EA, the same can't be said against an educational institution.

Against EA he can (and will) make the argument that a publicly traded company is profiting off his likeness without his permission, the same can't be said for the NCAA. He was offered a chance at a free education from two major universities, something that costs the average person tens of thousands of dollars.

If he were to go after the NCAA, all they'd do is show him the bill for what he would've paid in tuition, books and housing adjusted for inflation with interest (since I doubt he was smart enough to get academic scholarships and would've taken out loans) and his lawsuit goes away quietly.

That's actually a false point of view on this lawsuit. First, Keller is simply the defendant named in the lawsuit, but it has support from many former NCAA athletes who didn't make the big time. There are actually a couple of other suits out there that are pretty much the same as Keller's. This won't go away anytime soon. Also, the scholarships do not matter whatsoever when discussing this. It'd be like trying to argue whether the light was on or off during a robbery, it's really irrelevant to the entire case of "Did person z rob person y of item x".

What is in question is should EA and the NCAA be allowed to use strikingly similar player likenesses in video games which both profit off of without the players permission or without any of those licensing fees going back to the player. It is, in a lot of ways, the same thing as the Ed O'Bannon case. Unless the NCAA has players sign their likenesses away when they play college sports, both EA and the NCAA could be in serious hot water here.

[Tarheel]

I wish someone had given me a scholarship for grad school. I would have kept my mouth shut and enjoyed the ride.

[knighthawksfan]

**** that guy damn u sam keller for ruining everything bro. Now ea can't even focus on making ncaa basketball 11 geez. ****ing cornhuskers LOL

[GaryT531]

Forgive me for being captain negative, but to me it doesn't even matter anymore since EA has put out nothing but grap for 5 years now on next gen systems in my opinion.

Finally, Madden is starting to come around. Unless NCAA 11 is much better than in years past, then I'm done with that series. Adios NCAA Basketball series, I will not miss you.

[GaryT531]

lol i said grap. CRAP

[Treva94]

If this happens, and likeness is removed, i think it would simply just be a pain in the azz. EA could still have the EA locker thing im sure, and have the same guys that do the player ratings and likeness post on some website not connected to EA on how to create the rosters yourself, right? Im not sure if that could happen but...

[stoncold32]

Re: NCAA Sam Keller vs. EA Update (Patent Arcade)

If the game was really good, I'd be really ticked off about this. But since it's not, I'm really not too bothered.

[Legionnaire]

Re: NCAA Sam Keller vs. EA Update (Patent Arcade)

From what I understand just like pro-players sign there likeness away when they sign a NFL contract. A college kid signs those likenesses away for free when they sign those LOI's.

Well, I think there's a reason Madden has to have an agreement with the NFL Players Association. Because the NFL can't just give them the okay to use those players on their say-so.

Signing a contract with an NFL team doesn't mean they've signed away their likenesses, making them automatically open to being used by whoever happens to have a tangential business relationship with the NFL. Neither does agreeing to enroll in a college or join an athletic program necessarily give the school and its business partners the right to expect anything from you beyond the athletic and academic commitments you've made.

It's not unlike entering into a work relationship with a new employer. If I agree to come work at your company, you haven't cleverly locked me into some obligation to do whatever the hell you feel like having me do. No, you've offered me a specific job for which I've accepted a certain amount of pay in exchange for doing the responsibilities that fall under the domain of that position.

When a player accepts an athletic scholarship, he's agreeing to play for that program. The school can then sell tickets or TV rights for people to watch the kid fulfilling his obligation to play, and they can accept money in exchange for bringing the player (and his team) to a certain venue to play.

They can't strike extra deals on the side, pocketing money for enabling companies to create video games or novels or movie franchises or toys starring the kid's likeness. That's not part of the agreement.

And, yeah, the fact is most of these kids probably get a kick out of being in the game. So get them to agree, then. Before you use their likenesses. Not everything has to be so difficult.

[marxshut]

Re: NCAA Sam Keller vs. EA Update (Patent Arcade)

Yes, but not every player who plays likes to have money made off of him without any benefit to the player. That's what Keller is arguing for. It's basically identity theft and the theif is making millions.

Exactly...

Like the rest of you here I like to play with players who are rated an play like their on field counter-parts. It certainly adds to the game for me.

However I'm not going to indict former players like Keller or O'Bannon in these lawsuits as greedy malcontents who didn't make it at the next level because there is a lot of validity behind their argument.

My alma mater Clemson University drew in $40.4 million in athletic department revenue in the 04-05 season. Student aid expense for those athletes that same period was $6.1 million. Football alone accounted for $22.6 million in revenue while expending $1.8 million in scholarships (this number excludes most of the donor contributions that are dispersed over all sports but the only reason people donate is for good football tickets).

Thus the return on a football scholarship to the University is over 1000%.

I'm not saying an education isn't a great reward for being a student-athlete, but its time to call a spade a spade. College Football a big time revenue machine for the BCS programs and its talent is grossly underpaid for its services. If these players could ever unionize or negotiate collectively as the NFL does, they would certainly get more for their services than a scholarship.

The idealist in me wouldn't mind seeing true student athletes back on the playing field, but then I remember why no one watches Harvard play Yale in football. That's because no one is interested in seeing average athletes play football. We all want the elite athletes to come to our school to glorify our football program and we really could care less if they attend a class or crack a book. As long as they perform on Saturday, we'll get them a degree or at least keep them eligible for 5 years as long as they can contribute to the program.

Don't think these guys generate money solely for the athletic department either. Clemson's applications for enrollment spiked in the late 80's when they were an annual football power. A publicized football program brings in revenue through the gates as well as through the university admissions office.

While my selfish desires to play a realistic video game make me want this lawsuit to fail, my sense of equality leads me to believe that Keller and all the others who support this money making machine deserve their fair share.

[ODogg]

Re: NCAA Sam Keller vs. EA Update (Patent Arcade)

I'm not sure who is financing Keller but whoever it is, they better have a lot of cash because EA will just keep throwing motions and lawyers at this thing until it goes away. EA are no fools, they realize no one will want to buy NCAA without a Tim Tebow or Terrelle Pryor type likeness for their school. The whole idea someone said of an open roster with EA locker would work well for OS and the tech-savvy like us but most people don't know anything about that. Sales would plummet so far if they were forced to ship with random rosters that there would be no point in making NCAA football anymore.

So yeah, EA will do whatever it takes to make this go away and not kill off one of their money making annual titles. And I say, go get em EA!

[thelasthurtknee]

Re: NCAA Sam Keller vs. EA Update (Patent Arcade)

im with you guys about kellar being a dick for doing this but hes not alone. the NFL has had alot of probs with for putting retired players in games without licenses.

here is my deal. ea pays a ton of money to the schools on the game. i know FSU got aroun 150,000 in royalties last year. there is no doubt that its kellar in the game just like all the other players are real counterparts. oh, and to the they should be thankful they are in a game or playing at a big school is BS. im a college scout and let me tell you that college athletes (at least in football) earn everything they get and should get more. my problem is really with ea and the universitys for not handling this the right way. the players(kellar) is right and just protecting himself.

like most of you if i was in the game i would care less about getting anything for it. but since kellar has no football future and im sure some lawyer is the driving force but he wants his piece. so yea most of you including myself would never even care and maybe feel honored but after 6 years of football at two universitys and no pro future no telling what you would do?

But Kellar is still a dick for trying to mess up my favorite game.

[ka520]

Re: NCAA Sam Keller vs. EA Update (Patent Arcade)

Leave it to a Scum Devil to try to f*ck everything up.