New York Times on Sam Keller/EA Lawsuit: "It's about much more than video games"

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  • PocketScout
    Recruiting App
    • Jun 2010
    • 1392

    #16
    Re: New York Times on Sam Keller/EA Lawsuit: "It's about much more than video games"

    Originally posted by scottyo60
    As a law student... what does this have to do with freedom of speech? as said in the article the first amendment right... this whole thing is stupid
    The First Amendment is not just speech, it covers expression, art, words, ideas. Courts have ruled multiple times that video games fall under this same protection.
    NCAA 2014: Current Dynasty

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    • colkilla
      MVP
      • Jul 2003
      • 1539

      #17
      Re: New York Times on Sam Keller/EA Lawsuit: "It's about much more than video games"

      i was "represented" in the '96 version (the one with wuerffel on the cover). if he wins, i want my piece of the pie! in all seriousness, dude is a tool, i was hyped as hell to be "in the game" and would never fight for royalties from it...

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      • scottyo60
        Pro
        • Oct 2008
        • 499

        #18
        I mean this stretches the first amendment though. You're dealing with multiple aspects... If it goes to the supreme court it's a total toss up. on the video game side... I edited rosters for NCAA 11 and being a hardcore marshall fan, minimal likeness was created... if it was to the likenss it surely would have been a lot easier to do. edited syracuses roster to their one on the website and wow. this jackass has probably never picked up a copy of ncaa or he would know just how hard it is to create real rosters.

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        • videlsports
          Pro
          • Dec 2008
          • 500

          #19
          Originally posted by supermanemblem
          leave it to a spoiled scrub to ruin it for everyone. ea does not use the likeness of any college players. heck half the time, they have the wrong jersey number. ea's lawyers took a very dumb stance. they should have put the burden on the ncaa. afterall, jerseys, posters and other products are sold using the player's likeness and they don't get a nickel. i'm guessing that a jury is more likely to rule against the for profit than the ncaa. i bet keller had no problem customizing the game with his name Nd such when he was playing and since his career fizzled he figures someone has to pay. what a biggitty beya!
          This is horrible for both. If Sam would have made it.. this would not be an issue
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          • notimetobleed77
            Rookie
            • Oct 2010
            • 32

            #20
            Re: New York Times on Sam Keller/EA Lawsuit: "It's about much more than video games"

            I always wondered why the ncaa and/or ea didn't have the players sign a waiver to use there likeness to prevent problems like this. Most players would have no issues being in the game. The ones that didn't want to, who cares, does it really matter? We can edit the rosters anyways.
            GT: notimetobleed77

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            • Jr.
              Playgirl Coverboy
              • Feb 2003
              • 19171

              #21
              Re: New York Times on Sam Keller/EA Lawsuit: "It's about much more than video games"

              Originally posted by notimetobleed77
              I always wondered why the ncaa and/or ea didn't have the players sign a waiver to use there likeness to prevent problems like this. Most players would have no issues being in the game. The ones that didn't want to, who cares, does it really matter? We can edit the rosters anyways.
              I don't know if this is still true, but 3 years ago when I was playing college sports, we had to sign a waiver that said that our school and the NCAA could use our likeness for promotional purposes. It didn't say anything about using them for profit though, which is what the NCAA does by selling the exclusive license to EA.

              My biggest issue with this case, and why I support Sam Keller's idea to sue, is that the NCAA makes billions of dollars off of the athletes at their institutions, but if a player wants to take a free meal they are ineligible. I find it insane that the NCAA and universities are allowed to make money off of their athletes, but (outside of a free education for some athletes, not all) the athletes themselves can't make a dime.
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              • SaintsTheMetal
                Rookie
                • Oct 2010
                • 25

                #22
                Re: New York Times on Sam Keller/EA Lawsuit: "It's about much more than video games"

                Originally posted by Baughn3
                I don't know if this is still true, but 3 years ago when I was playing college sports, we had to sign a waiver that said that our school and the NCAA could use our likeness for promotional purposes. It didn't say anything about using them for profit though, which is what the NCAA does by selling the exclusive license to EA.

                My biggest issue with this case, and why I support Sam Keller's idea to sue, is that the NCAA makes billions of dollars off of the athletes at their institutions, but if a player wants to take a free meal they are ineligible. I find it insane that the NCAA and universities are allowed to make money off of their athletes, but (outside of a free education for some athletes, not all) the athletes themselves can't make a dime.
                yea, we still have to sign the same waiver.. same 3 hour long meeting reading the entire damn contract and bylaws or whatever the hell it is.

                but I think the root of it is because the NCAA wants to maintain an air of "amateurism." As everyone always brings up in recruiting violations, the minute a kid makes money off of his talent he is then a "professional."

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                • Jr.
                  Playgirl Coverboy
                  • Feb 2003
                  • 19171

                  #23
                  Re: New York Times on Sam Keller/EA Lawsuit: "It's about much more than video games"

                  Originally posted by SaintsTheMetal
                  yea, we still have to sign the same waiver.. same 3 hour long meeting reading the entire damn contract and bylaws or whatever the hell it is.

                  but I think the root of it is because the NCAA wants to maintain an air of "amateurism." As everyone always brings up in recruiting violations, the minute a kid makes money off of his talent he is then a "professional."
                  What's worse is that if you don't sign it, you're ineligible. So if you don't allow the NCAA and your school to make money off of you, they won't let you play. It's ridiculous.
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                  • brza37
                    Pro
                    • Oct 2008
                    • 748

                    #24
                    Seriously, the NCAA should be the ones that are getting sued. Its a multi-billion dollar monopoly that they are running based off of what is basically indentured servitude. And like what Baughn said they have these contracts to make it seem like you have a choice but if you refuse you can't play. What kind of choice is that?
                    And football is different from other sports where if you don't like what the NCAA is doing you can try and go directly pro. The NFL doesn't allow it. You have to wait 3 years after graduating before being eligible. And there is seriously no way to get to the NFL without playing NCAA ball. I think Eric Swann is the only player to have made the NFL without going to college in modern day football.

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                    • loccdogg26
                      MVP
                      • Jun 2003
                      • 2277

                      #25
                      Re: New York Times on Sam Keller/EA Lawsuit: "It's about much more than video games"

                      The NCAA's new slogan should be "hypocrisy at its finest".
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                      • MrOctober430
                        MVP
                        • May 2005
                        • 1694

                        #26
                        Re: New York Times on Sam Keller/EA Lawsuit: "It's about much more than video games"

                        Originally posted by Dr Death
                        What's really funny is I named a guy in the game 'Sam Keller.' Only when he dropped back to pass, the announcer said, "Cry Baby drops back to pass..."
                        Seriously?

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                        • thedudedominick
                          MVP
                          • Mar 2009
                          • 3794

                          #27
                          Re: New York Times on Sam Keller/EA Lawsuit: "It's about much more than video games"

                          If anything this should be more targeted at the NCAA. They are the ones making the most money off of "likenesses" of players. Think about all the unnamed jerseys that get sold, when we really know exactly what player each jersey is for. When you see an Ohio State fan wearing a number 2 jersey, it isn't because they like the number. It is because of Pryor.

                          I am not in favor of putting the money in the pockets of the players, except for maybe the same amount of money they could get working a part time job every month, because I am a college student and know any extra money I have rarely goes to anything productive.
                          Last edited by thedudedominick; 11-21-2010, 02:35 PM.
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                          • SaintsTheMetal
                            Rookie
                            • Oct 2010
                            • 25

                            #28
                            Re: New York Times on Sam Keller/EA Lawsuit: "It's about much more than video games"

                            Originally posted by thedudedominick
                            I am not in favor of putting the money in the pockets of the players, except for maybe the same amount of money they could get working a part time job every month, because I am a college student and know any extra money I have rarely goes to anything productive.
                            fyi every team I know of gives its players quite a bit more than we would get working part time at minimum wage.. not even counting the scholarship which can be worth 30k+.. that's why I really have no problem with a school marketing players, they already are giving us so much.

                            But it is really dumb how the NCAA makes SO much, I mean really what do they even do?? I remember the talk ESPN was saying about how the new superconferences could be moving away from the NCAA, wouldn't that just be awesome!
                            Last edited by SaintsTheMetal; 11-21-2010, 06:09 PM.

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                            • thedudedominick
                              MVP
                              • Mar 2009
                              • 3794

                              #29
                              Re: New York Times on Sam Keller/EA Lawsuit: "It's about much more than video games"

                              Originally posted by SaintsTheMetal
                              fyi every team I know of gives its players quite a bit more than we would get working part time at minimum wage.. not even counting the scholarship which can be worth 30k+.. that's why I really have no problem with a school marketing players, they already are giving us so much.
                              See, the way people talk about the athletes you would assume they get basically nothing. I did not know this.
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                              • Jr.
                                Playgirl Coverboy
                                • Feb 2003
                                • 19171

                                #30
                                Re: New York Times on Sam Keller/EA Lawsuit: "It's about much more than video games"

                                Originally posted by SaintsTheMetal
                                fyi every team I know of gives its players quite a bit more than we would get working part time at minimum wage.. not even counting the scholarship which can be worth 30k+.. that's why I really have no problem with a school marketing players, they already are giving us so much.

                                But it is really dumb how the NCAA makes SO much, I mean really what do they even do?? I remember the talk ESPN was saying about how the new superconferences could be moving away from the NCAA, wouldn't that just be awesome!
                                Players do get stipends along with scholarships if they are on a full-ride (which every college football and basketball player, and a couple of other sports that give full-rides, has if they have a scholarship) but I'm not exactly sure how much it is that they get. But your second point speaks more to the issue, the NCAA makes billions of dollars every year off of D1 college football and basketball players. The players should be entitled to some of that money, especially when the NCAA directly endorses those players.
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