Judge Nixes NCAA Players Antitrust Claims -- Case Not Over...Yet

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  • saunders45
    Rookie
    • Apr 2009
    • 61

    #16
    Re: Judge Nixes NCAA Players Antitrust Claims -- Case Not Over...Yet

    Originally posted by aholbert32
    The players get scholarships to PLAY FOOTBALL. Not so the NCAA or EA can make more money by using their likeness in a football game. Its really that simple.

    Same with the pros. NFL players get money from teams to play football. They get more money from EA through the player's union to use their likeness in Madden.
    So you'd also be ok with paying $50 or more for each college football game you watch on TV? Because the TV networks are doing far worse with players than NCAA football. The PAC12 just negotiated a TV contract worth $1,000,000,000, and the players don't see a dime of it. That's way worse than some video game.
    Last edited by saunders45; 05-04-2011, 02:24 PM.

    Comment

    • aholbert32
      (aka Alberto)
      • Jul 2002
      • 33106

      #17
      Re: Judge Nixes NCAA Players Antitrust Claims -- Case Not Over...Yet

      Originally posted by saunders45
      So you'd also be ok with paying $50 or more for each college football game you watch on TV? Because the TV networks are doing far worse with players than NCAA football. The PAC12 just negotiated a TV contract worth $1,000,000,000, and the players don't see a dime of it. That's way worse than some video game.
      Thats a bad comparison. One, giving players a small percentage of the tv rights fees would not cause TV networks to start charging for all televised sports games. The goal of a TV network is to get as many people to watch its programming as possible. Making college football completely pay per view would be counter to that.

      Two, a decent comparison to the video game dispute is apparel like jerseys and t-shirts. A video game is a product. EA and the NCAA are selling that product partially bu using the likeness of college players. Just like the NCAA is doing the same thing with most of the jerseys it sells.

      Comment

      • Dbrentonbuck
        Pro
        • Jul 2006
        • 634

        #18
        Re: Judge Nixes NCAA Players Antitrust Claims -- Case Not Over...Yet

        Sorry, but this is a stupid argument. Most of these player receive educations that are worth upwards of $50,000. I am 38 years old and still paying student loans. This sense of entitlement is what is wrong with our country today. I would let them use my kid's likeness any way they wanted for a completely free education at some of the finest schools in the country. I notice none of these athletes gave back their scholarships when they first realized they were in a video game did they? No, they waited until they knew for sure the NFL didn't want them and they had already raped the system for a free education before being offended. If an institution gave me a free education I could only hope my likeness or jersey could in some way repay them. Don't be a fool to think that these kids don't use the limelight that playing college sports gave them to make money either. I know that the very first thing a lot of these kids do when they graduate is sign mechandise and autographs at sports memorabili stores. I see it every year. The problem is that the NCAA needs to change their regulations to say that if you accept a free education from us then we have rights to use your likeness until the day you die. Don't think it is fair? Then don't accept a scholarship. There are thousands who will gladly take yours.
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        • pmurray20
          MVP
          • Apr 2011
          • 1370

          #19
          Re: Judge Nixes NCAA Players Antitrust Claims -- Case Not Over...Yet

          all honesty, I think the players should get something from this game. As well if they just randomized jerseys,skin color, attributes, everything to just make random players and you couldnt fix it, i probably wouldnt even buy the game
          Go Bucks!!

          Comment

          • aholbert32
            (aka Alberto)
            • Jul 2002
            • 33106

            #20
            Re: Judge Nixes NCAA Players Antitrust Claims -- Case Not Over...Yet

            Originally posted by Dbrentonbuck
            Sorry, but this is a stupid argument. Most of these player receive educations that are worth upwards of $50,000. I am 38 years old and still paying student loans. This sense of entitlement is what is wrong with our country today. I would let them use my kid's likeness any way they wanted for a completely free education at some of the finest schools in the country. I notice none of these athletes gave back their scholarships when they first realized they were in a video game did they? No, they waited until they knew for sure the NFL didn't want them and they had already raped the system for a free education before being offended. If an institution gave me a free education I could only hope my likeness or jersey could in some way repay them. Don't be a fool to think that these kids don't use the limelight that playing college sports gave them to make money either. I know that the very first thing a lot of these kids do when they graduate is sign mechandise and autographs at sports memorabili stores. I see it every year. The problem is that the NCAA needs to change their regulations to say that if you accept a free education from us then we have rights to use your likeness until the day you die. Don't think it is fair? Then don't accept a scholarship. There are thousands who will gladly take yours.
            See I hate this kind of attitude. I get paid good money to do my job. I'm thankful for the amount I get paid. But if I found out my job was selling T-shirts with my face on them, charging 20 bucks a pop for them and my job was making millions off of them.....I would want my damn cut.

            Its the same with college athletes. One, you are wrong about most of them getting merchandise money. There are 10,000 Division 1-A football players each year. Maybe 200-300 tops sign memorabilia deals or merchandise deals when their college career is over. Two, they didnt "rape the system". They held up their end of the bargain. They played college football. The school gave them a scholarship. That was the extent of the deal. There was no likeness deal.

            Three, if any top football player agreed to that ridiculous suggestion that in exchange for a 50k scholarship they give up their likeness rights for life....that player is dumbest person on earth.

            Comment

            • Dame
              Sweettouch
              • Jul 2004
              • 1246

              #21
              Re: Judge Nixes NCAA Players Antitrust Claims -- Case Not Over...Yet

              Originally posted by Dbrentonbuck
              Sorry, but this is a stupid argument. Most of these player receive educations that are worth upwards of $50,000. I am 38 years old and still paying student loans. This sense of entitlement is what is wrong with our country today. I would let them use my kid's likeness any way they wanted for a completely free education at some of the finest schools in the country. I notice none of these athletes gave back their scholarships when they first realized they were in a video game did they? No, they waited until they knew for sure the NFL didn't want them and they had already raped the system for a free education before being offended. If an institution gave me a free education I could only hope my likeness or jersey could in some way repay them. Don't be a fool to think that these kids don't use the limelight that playing college sports gave them to make money either. I know that the very first thing a lot of these kids do when they graduate is sign mechandise and autographs at sports memorabili stores. I see it every year. The problem is that the NCAA needs to change their regulations to say that if you accept a free education from us then we have rights to use your likeness until the day you die. Don't think it is fair? Then don't accept a scholarship. There are thousands who will gladly take yours.
              I would agree 100% with you if the scholarship was play football for us and we will give you 10k a year toward education and room and board. On the surface that seems fair. But I think the problem is more complex than that( see the fiesta bowl problems).

              at 17 years old I would have jumped at the scholarship as well but at 30 and with some hindsight it dont seem like a fair trade(for superstar players and its only 10 or so great players each year). superstar players will argue that their value is more than 10k(you will never hear someone argue the opposite) the other side will argue its because of the college that your value has risen you will never find a fair medium.

              This will all be mute if the NFL goes on strike and the courts find the NFL draft illegal because people will start leaving for the NFL as soon as they are ready there wont be a collective bargain in place to stop them.

              A perfect world for me we pay the players and my gaming price dont go up but I dont think thats going to happen. I think they should get paid but i dont have a problem with them not getting paid either I just hate the argument of if that was me.
              http://twitter.com/d_gadson come and follow me
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              • Cryolemon
                MVP
                • Aug 2008
                • 1669

                #22
                Re: Judge Nixes NCAA Players Antitrust Claims -- Case Not Over...Yet

                Originally posted by cch99
                Put yourself in the shoes of the athletes. Were that you would you think that the character in the game had nothign to do with you ?
                I wouldn't care all that much to be honest. I can see why people might though.

                As for the issue at hand, would it be reasonable to have a voluntary waiver saying something like "I give the NCAA and it's partners the right to use my name and likeness for certain promotional items, such as jerseys and video games, without compensation" and anyone who doesn't sign it is generic in the game? It wouldn't solve every issue, but it would get rid of cases like this and let the NCAA cling on to whatever is left of the illusion of amateurism.

                Comment

                • SECElit3
                  Banned
                  • Jul 2009
                  • 5553

                  #23
                  Re: Judge Nixes NCAA Players Antitrust Claims -- Case Not Over...Yet

                  Originally posted by aholbert32
                  See I hate this kind of attitude. I get paid good money to do my job. I'm thankful for the amount I get paid. But if I found out my job was selling T-shirts with my face on them, charging 20 bucks a pop for them and my job was making millions off of them.....I would want my damn cut.

                  Its the same with college athletes. One, you are wrong about most of them getting merchandise money. There are 10,000 Division 1-A football players each year. Maybe 200-300 tops sign memorabilia deals or merchandise deals when their college career is over. Two, they didnt "rape the system". They held up their end of the bargain. They played college football. The school gave them a scholarship. That was the extent of the deal. There was no likeness deal.

                  Three, if any top football player agreed to that ridiculous suggestion that in exchange for a 50k scholarship they give up their likeness rights for life....that player is dumbest person on earth.
                  AHolbert, I fully understand your argument and to some extent agree with it. Where do you draw the line in regards to likeness? How far does one go with his or her interpretation of likeness in regards to a football game? Some might make the argument that replicating a uniform which thousands of other players have worn, putting a number on it which thousands of other players have worn, and putting that player at the same postion which thousands of others have played, would not necessarily represent a true likeness.

                  Maybe my perspective is skewed a little here and maybe it is not, but your example of your company pasting your face on a shirt and selling it for profit is not appropriate for this scenario. EA is not putting these players faces in the game. The faces in the game are generics. They are not putting names on the jerseys. As obvious as it might seem to some that a player or players in a game represent real life counterparts, I believe this case is going to be determined by interpretation
                  Last edited by SECElit3; 05-04-2011, 03:43 PM.

                  Comment

                  • SECElit3
                    Banned
                    • Jul 2009
                    • 5553

                    #24
                    Re: Judge Nixes NCAA Players Antitrust Claims -- Case Not Over...Yet

                    Originally posted by Cryolemon
                    I wouldn't care all that much to be honest. I can see why people might though.

                    As for the issue at hand, would it be reasonable to have a voluntary waiver saying something like "I give the NCAA and it's partners the right to use my name and likeness for certain promotional items, such as jerseys and video games, without compensation" and anyone who doesn't sign it is generic in the game? It wouldn't solve every issue, but it would get rid of cases like this and let the NCAA cling on to whatever is left of the illusion of amateurism.
                    It is my understanding from reading posts of ex-NCAA players, they sign an agreement which protects the NCAA from lawsuits like this.

                    Comment

                    • Cryolemon
                      MVP
                      • Aug 2008
                      • 1669

                      #25
                      Re: Judge Nixes NCAA Players Antitrust Claims -- Case Not Over...Yet

                      Originally posted by SECElite3
                      It is my understanding from reading posts of ex-NCAA players, they sign an agreement which protects the NCAA from lawsuits like this.
                      If that's the case, why the hell is this lawsuit even going on? lol

                      My real point though, was that they could make the agreement more specific, and voluntary, which would allow NCAA games to have names and likenesses, but only for players who sign the agreement.

                      Comment

                      • SECElit3
                        Banned
                        • Jul 2009
                        • 5553

                        #26
                        Re: Judge Nixes NCAA Players Antitrust Claims -- Case Not Over...Yet

                        Originally posted by Cryolemon
                        If that's the case, why the hell is this lawsuit even going on? lol

                        My real point though, was that they could make the agreement more specific, and voluntary, which would allow NCAA games to have names and likenesses, but only for players who sign the agreement.

                        Good question... I didn't play NCAA football and haven't seen the agreement. My information is purely hear say. Maybe the players found a loop hole, but for some reason the law, up to this point, is siding against the players. I am just ready for this case to go away..

                        Comment

                        • Dbrentonbuck
                          Pro
                          • Jul 2006
                          • 634

                          #27
                          Re: Judge Nixes NCAA Players Antitrust Claims -- Case Not Over...Yet

                          Originally posted by Dame
                          I would agree 100% with you if the scholarship was play football for us and we will give you 10k a year toward education and room and board. On the surface that seems fair. But I think the problem is more complex than that( see the fiesta bowl problems).

                          at 17 years old I would have jumped at the scholarship as well but at 30 and with some hindsight it dont seem like a fair trade(for superstar players and its only 10 or so great players each year). superstar players will argue that their value is more than 10k(you will never hear someone argue the opposite) the other side will argue its because of the college that your value has risen you will never find a fair medium.

                          This will all be mute if the NFL goes on strike and the courts find the NFL draft illegal because people will start leaving for the NFL as soon as they are ready there wont be a collective bargain in place to stop them.

                          A perfect world for me we pay the players and my gaming price dont go up but I dont think thats going to happen. I think they should get paid but i dont have a problem with them not getting paid either I just hate the argument of if that was me.
                          I disagree about the star players. Life isn't fair. The real world doesn't work like that. There is an offer on the table: 1 free education and a 4 year interview for a job where you can make millions of dollars. The offer is the same for every one. Tim Teabow benefited from playing at Florida. Had he played for Mary Help the Christian Sisters University, he would not have a brand that he can and is using to make millions of dollars, so if the University wants to sell #15 jerseys then let them. They took a gamble on him and it paid off. They took the same gamble with Brantley and he probably cost them more to educate than the money he will bring in. The fact of the matter is that had Teabow not played football in an NCAA school after highschool he would be on a mission trip in Africa living off of donations. Instead, he got a free education, a chance to build a multimillion dollar brand name and a chance to impress the NFL as part of his deal. Keller didn't cash in on his deal the way Teabow did and that is why he is crying. Even if Teabow had not been drafted he could have made plenty of money endorsing products in the state of Florida because of being a gator. To me, that is a fair trade.
                          Follow me on Twitter @cavemangamer
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                          • Dame
                            Sweettouch
                            • Jul 2004
                            • 1246

                            #28
                            Re: Judge Nixes NCAA Players Antitrust Claims -- Case Not Over...Yet

                            Originally posted by Dbrentonbuck
                            I disagree about the star players. Life isn't fair. The real world doesn't work like that. There is an offer on the table: 1 free education and a 4 year interview for a job where you can make millions of dollars. The offer is the same for every one. Tim Teabow benefited from playing at Florida. Had he played for Mary Help the Christian Sisters University, he would not have a brand that he can and is using to make millions of dollars, so if the University wants to sell #15 jerseys then let them. They took a gamble on him and it paid off. They took the same gamble with Brantley and he probably cost them more to educate than the money he will bring in. The fact of the matter is that had Teabow not played football in an NCAA school after highschool he would be on a mission trip in Africa living off of donations. Instead, he got a free education, a chance to build a multimillion dollar brand name and a chance to impress the NFL as part of his deal. Keller didn't cash in on his deal the way Teabow did and that is why he is crying. Even if Teabow had not been drafted he could have made plenty of money endorsing products in the state of Florida because of being a gator. To me, that is a fair trade.
                            I put that similar argument in my post
                            the other side will argue its because of the college that your value has risen you will never find a fair medium.
                            I understand what you was saying and it would be a fair trade if Florida university only profited of the kid but others are profiting of the kid too and he didnt sign an agreement with them. andi think thats where the problem comes from. he didnt agree with EA or ESPN or reebok or Nike and those are the companys who are getting money from their likeness not the school.

                            But like i said i dont care either way i'm able to see both side of the argument I was just stating that i dont like the "if it was me" type argument that these cases usually bring because it dont work that way. If it was me now at 30 I would sign away my likeness now for my student loans would be paid but thats only me it a whole group of people who wouldnt. i'm no arguing or saying that you are wrong
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                            • Dbrentonbuck
                              Pro
                              • Jul 2006
                              • 634

                              #29
                              Re: Judge Nixes NCAA Players Antitrust Claims -- Case Not Over...Yet

                              Originally posted by aholbert32
                              See I hate this kind of attitude. I get paid good money to do my job. I'm thankful for the amount I get paid. But if I found out my job was selling T-shirts with my face on them, charging 20 bucks a pop for them and my job was making millions off of them.....I would want my damn cut.

                              Its the same with college athletes. One, you are wrong about most of them getting merchandise money. There are 10,000 Division 1-A football players each year. Maybe 200-300 tops sign memorabilia deals or merchandise deals when their college career is over. Two, they didnt "rape the system". They held up their end of the bargain. They played college football. The school gave them a scholarship. That was the extent of the deal. There was no likeness deal.

                              Three, if any top football player agreed to that ridiculous suggestion that in exchange for a 50k scholarship they give up their likeness rights for life....that player is dumbest person on earth.
                              See that is a sense of entitlement. That isn't how the real world works. I will give you an example. I was asked 7 years ago to manage an advertising office. When I was hired, I was told the job was salary and that raises were based on yearly reviews and averaged between 2-7 percent. Now, when I started the office billed about 87,000 per month. Within the first two years we were billing over 110,000 per month. That means I helped that company make over 20,000 dollars per month. Do you think the company came to me and said, "please accept this 10,000 dollar monthly raise as it is your cut of the profits". In fact, they took some of the things we were doing and rolled them out to other offices so their profits increased as well. Do you want to know what I got from the deal? 3 years ago all raises were frozen due to a bad economy even though we continue to bill over 110,000 per month. Can I go to a judge and say, "hey I want this company to give me my share of the profits they made because of me"? Nope. Welcome to the real world.

                              You make it out like if it wasn't for the NCAA, these kids would be millionaires. If it wasn't for the NCAA no one would know who they are. Many of them wouldn't have gotten an education at all and would be serving us fries. They had an opportunity to build a brand name BECAUSE they played for a NCAA school which gave them exposure to millions of fans and television. It is up to them what they make out of the chance.

                              If it wasn't for the NCAA, no one would give a flying fudge who Cam Newton is. My local university has a club football team that is not affiliated with the school and they play other club football teams, guess what... I don't care about anyone on that team. They may have the next Tom Brady and I wouldn't care...and neither will anyone else. And, when Tom Brady Jr. graduates, the local car dealer isn't going to call him to make a commercial. Do you want to know why? Because club football players do not have the multibillion dollar branding machine of the NCAA behind them.

                              Each of these kids had the same chance as every other kid on an NCAA team to build a personal brand and impress the NFL... some did, some didn't... this is life.
                              Last edited by Dbrentonbuck; 05-04-2011, 04:03 PM.
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                              • DerkontheOS
                                MVP
                                • Jul 2009
                                • 3136

                                #30
                                Re: Judge Nixes NCAA Players Antitrust Claims -- Case Not Over...Yet

                                Good I'm glad, this falls in the same boat as that guy suing because McDonalds made him fat........Just nonsense.

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