Judge Certifies Class-Action Football Game Pricing Lawsuit Against EA

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  • howboutdat
    MVP
    • Nov 2012
    • 1908

    #181
    Re: Judge Certifies Class-Action Football Game Pricing Lawsuit Against EA

    to me the lawsuit is just for kids who want to get a few bucks outta EA. i personally cant stand EA and the way they do things, however to me i have no interest in joining this for a key reason. Now it claims the reason for the suit is basically due to the contract EA has with the NFL, basically making a monopoly , and allowing them to raise price. While they do have a monopoly , which is supposed to be illegal, this lawsuit while stating that as the problem, does absolutely NOTHING TO FIX IT. If the lawsuits agenda was to make the contract between EA and NFL be deemed illegal and would make them stop doing it , then id be all for it because that is what needs to happen. But just trying to take a few bucks from them , to me , is just being just like the greedy aholes people are saying they dislike(numer 1 disliked company in the US , 2 YEARS RUNNING). Id rather not stoop to their levels myself. We just need that contract to be stopped from being renwed or ever done again.Sure , if that happened, 2k wouldnt have a great NFL game for a few years, but it would at least open the door for them , so they could get it going . Im sure they would do well with it within a few short years of making one.Problem is, we will never know, as long as lawsuits like this only go for money , instead of going to fight and get rid of the real problem. So have fun with the 5$ people.......
    Yup, i said it !



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    • Hooe
      Hall Of Fame
      • Aug 2002
      • 21555

      #182
      Re: Judge Certifies Class-Action Football Game Pricing Lawsuit Against EA

      Originally posted by howboutdat
      Now it claims the reason for the suit is basically due to the contract EA has with the NFL, basically making a monopoly , and allowing them to raise price. While they do have a monopoly , which is supposed to be illegal, this lawsuit while stating that as the problem, does absolutely NOTHING TO FIX IT.
      The exclusivity agreement between EA and the NFL is not a monopoly situation.

      The NFL has the right to sell the right to use of its properties to whomever it chooses. If the NFL is agreeable to an exclusive arrangement, so be it. It isn't obligated to allow other companies to license its properties, just as MGM isn't obligated to license the James Bond franchise to any company but Activision-Blizzard. A court can't dictate how the NFL manages its own intellectual property rights.

      Further, the situation is not a monopoly because the agreement doesn't stop other companies from producing video games or even realistic American football video games; the opportunity for direct competition still exists. Indeed, at least four full-scale console releases have been published since the agreement happened (Blitz: The League, Blitz: The League 2, All Pro Football 2K8, Backbreaker). Even without full-scale football video games in the market, EA Sports titles still face competition from other sports games - NBA 2K, The Show, etc. - and also non-sports games - Halo, Call Of Duty, etc. - for consumer attention.

      Just because a situation is unfavorable to consumers (which the exclusivity license is, you won't get an argument from me on that point) doesn't make it against the law.

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      • infemous
        MVP
        • Nov 2009
        • 1568

        #183
        Re: Judge Certifies Class-Action Football Game Pricing Lawsuit Against EA

        they never reduce the price by much any more and with the next generation not going to allow re-sales of games, destroying the rental market and with ZERO competition there is an unfair advantage held by EA.

        I'd also like to ask anyone who defends EA here why they would want a game to stay expensive?
        Blood in my mouth beats blood on the ground.

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        • mestevo
          Gooney Goo Goo
          • Apr 2010
          • 19556

          #184
          Re: Judge Certifies Class-Action Football Game Pricing Lawsuit Against EA

          Originally posted by infemous
          they never reduce the price by much any more and with the next generation not going to allow re-sales of games, destroying the rental market and with ZERO competition there is an unfair advantage held by EA.

          I'd also like to ask anyone who defends EA here why they would want a game to stay expensive?
          Except those are all rumors and not likely true since they've been contradicted by other rumors and Sony statements already.

          Not touching the straw man, and defer to CM Hooe's explanation above as to it being an 'unfair advantage'.

          I'd contend that other companies flat out declining to compete is a bigger advantage than the NFL license at this point. Really isn't the thread for that discussion though. They've been sued over the licensing too - and lost/settled - and the end result is no exclusive AFL or NCAA license while leaving Madden unscathed. Search will find a thread or two about that too.

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          • reddogmaddogbul
            Rookie
            • Jul 2010
            • 286

            #185
            Re: Judge Certifies Class-Action Football Game Pricing Lawsuit Against EA

            Originally posted by CM Hooe
            The exclusivity agreement between EA and the NFL is not a monopoly situation.

            The NFL has the right to sell the right to use of its properties to whomever it chooses. If the NFL is agreeable to an exclusive arrangement, so be it. It isn't obligated to allow other companies to license its properties, just as MGM isn't obligated to license the James Bond franchise to any company but Activision-Blizzard. A court can't dictate how the NFL manages its own intellectual property rights.

            Further, the situation is not a monopoly because the agreement doesn't stop other companies from producing video games or even realistic American football video games; the opportunity for direct competition still exists. Indeed, at least four full-scale console releases have been published since the agreement happened (Blitz: The League, Blitz: The League 2, All Pro Football 2K8, Backbreaker). Even without full-scale football video games in the market, EA Sports titles still face competition from other sports games - NBA 2K, The Show, etc. - and also non-sports games - Halo, Call Of Duty, etc. - for consumer attention.

            Just because a situation is unfavorable to consumers (which the exclusivity license is, you won't get an argument from me on that point) doesn't make it against the law.
            I agree with howboutdat in this post

            Now it claims the reason for the suit is basically due to the contract EA has with the NFL, basically making a monopoly , and allowing them to raise price. While they do have a monopoly , which is supposed to be illegal, this lawsuit while stating that as the problem, does absolutely NOTHING TO FIX IT. If the lawsuits agenda was to make the contract between EA and NFL be deemed illegal and would make them stop doing it , then id be all for it because that is what needs to happen. But just trying to take a few bucks from them , to me , is just being just like the greedy aholes people are saying they dislike(numer 1 disliked company in the US , 2 YEARS RUNNING).
            Could you clarify CM Hooe why is it that NCAA football license can't be renewed until 5 years after 2014 drops?And since it's not a monopoly like you say it is;why punish NCAA and not Madden for 5 years?
            Sounds like money hungry Aholes who exploited the system as howboutthat allotted to.Aint this the way?
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            • howboutdat
              MVP
              • Nov 2012
              • 1908

              #186
              Re: Judge Certifies Class-Action Football Game Pricing Lawsuit Against EA

              Originally posted by reddogmaddogbul
              I agree with howboutdat in this post



              Could you clarify CM Hooe why is it that NCAA football license can't be renewed until 5 years after 2014 drops?And since it's not a monopoly like you say it is;why punish NCAA and not Madden for 5 years?
              Sounds like money hungry Aholes who exploited the system as howboutthat allotted to.Aint this the way?
              indeed , its a monopoly. call it what they like. Sure other companies can make a "football game" BUT NOT an NFL football game, with the players that so many fans want to play with. Therefore those "other" football games, dont really sell all that well , because the fan base of players want to play with their favorite NFL teams and players. Its a monopoly on that very thing. Also interesting point above. After this next ncaa EA is not allowed to renew its license for 5 years.... i wonder why that had to be court ordered? maybe because they thought EA was being totaly fair? i mean other companies coulda made another football game,like maybe high school football, or backyard football, im sure those would really sell well too. The ONLY reason Madden sells as well as it does is because anyone who wants to play with NFL teams and players HAS NO OTHER OPTION.Its definitely not due to the awesome gameplay . Not because its just a great game. They are only banking off the teams names and players names. That is it.Which is why EA can put out a half done product each year and still sell so many because people want to play with NFL teams and players, and they keep falsely thinking EA for once might step up and make the game right and finished for once only to be let down time and time again. By the way , when you only have 1 option , 1 place you can get such a product, its a monopoly.
              - from wikipedia: A monopoly exists when a specific person or enterprise is the only supplier of a particular commodity . (THIS IS MY FAVORITE PART, TELL ME THIS ISNT EA) Monopolies are thus characterized by a lack of economic competition to produce the good or service and a lack of viable substitute goods.

              I mean , smells like a monopoly to me. . . . . . . . . .
              Yup, i said it !



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              • Hooe
                Hall Of Fame
                • Aug 2002
                • 21555

                #187
                Re: Judge Certifies Class-Action Football Game Pricing Lawsuit Against EA

                Originally posted by reddogmaddogbul
                I agree with howboutdat in this post
                That's fine, but you both are wrong. I don't know how to put that gently.

                If it were a monopoly, someone would have sued EA regarding the exclusivity license specifically causing a monopoly by now. However, the law is on EA's side.

                Could you clarify CM Hooe why is it that NCAA football license can't be renewed until 5 years after 2014 drops?And since it's not a monopoly like you say it is;why punish NCAA and not Madden for 5 years?
                Sounds like money hungry Aholes who exploited the system as howboutthat allotted to.Aint this the way?
                EA agreed to not pursue an exclusive NCAA Football license as terms of the settlement of this lawsuit (prior to it reaching a full-blown trial; that is, this ruling was not handed down by the court).

                This lawsuit was about controlling the price of goods in the marketplace. The jist of the argument of the plaintiffs in this lawsuit is that, after EA eliminated the most direct competition from the football gaming marketplace in 2004 which forced prices of goods downward, they deliberately set prices at the $50 and $60 price point.

                I don't necessarily agree with that argument because EA Sports video games aren't the only video games that exist; every other video game still retails at $60 ($50 last-gen) upon release. However, I'm not a lawyer. Regardless, EA agreed to settle this lawsuit without going through a full civil trial. A settlement is not necessarily an admission of liability on EA's behalf.

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                • cgalligan
                  MVP
                  • Mar 2005
                  • 1675

                  #188
                  Re: Judge Certifies Class-Action Football Game Pricing Lawsuit Against EA

                  I feel like its a monopoly because it prevents other game developers from making NFL Football Games... However, if it hasn't been brought up by now, in the courts, then clearly I'm not understanding what exactly a monopoly is... What the above poster said makes perfect sense, about the NFL being allowed to see their rights how they see fit...

                  As much as I dislike EA and this whole contract with the NFL, over the years as I've researched and started to understand exactly how the Exclusive I'm more mad at the NFL for making the License Exclusive in the first place... I'm 100% certain, that if EA hadn't purchased the License, someone else would have, and we would all be hating them now because their product would have had the same difficulties without having to worry direct about competition...

                  The NFL and EA are both to blame in this whole mess...
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                  • cgalligan
                    MVP
                    • Mar 2005
                    • 1675

                    #189
                    Re: Judge Certifies Class-Action Football Game Pricing Lawsuit Against EA

                    Originally posted by infemous
                    they never reduce the price by much any more and with the next generation not going to allow re-sales of games, destroying the rental market and with ZERO competition there is an unfair advantage held by EA.

                    I'd also like to ask anyone who defends EA here why they would want a game to stay expensive?
                    *sorry this is off topic*

                    Next Gen games wont be able to be resold?
                    Follow me on Twitter @CeeGeeDFS

                    psn - CeeGee

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                    • Hooe
                      Hall Of Fame
                      • Aug 2002
                      • 21555

                      #190
                      Re: Judge Certifies Class-Action Football Game Pricing Lawsuit Against EA



                      This sheds light as to what a monopoly actually looks like in the United States. Microsoft was found liable for monopolistic behavior with regard to anti-competitive behavior surrounding Internet Explorer, including working directly with hardware manufacturers to optimize hardware for their software, bundling IE with the dominant operating system of the day (Windows), and allegedly manipulated their Windows APIs to favor Internet Explorer with regard to application performance.

                      That is, it wasn't enough that MS dominated market share via distribution on damn near every PC to determine that they held a monopoly.
                      Last edited by Hooe; 04-18-2013, 08:08 AM.

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                      • Hooe
                        Hall Of Fame
                        • Aug 2002
                        • 21555

                        #191
                        Re: Judge Certifies Class-Action Football Game Pricing Lawsuit Against EA

                        Originally posted by cgalligan
                        *sorry this is off topic*

                        Next Gen games wont be able to be resold?
                        This was a rumor which emerged last year which has been debunked.

                        For more information, go to the Console / Portable Talk forum.

                        Comment

                        • cgalligan
                          MVP
                          • Mar 2005
                          • 1675

                          #192
                          Re: Judge Certifies Class-Action Football Game Pricing Lawsuit Against EA

                          Originally posted by CM Hooe
                          This was a rumor which emerged last year which has been debunked.

                          For more information, go to the Console / Portable Talk forum.
                          Thanks. 10 char
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                          psn - CeeGee

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                          • Swamp Swagger
                            Gator Bait
                            • Sep 2012
                            • 3825

                            #193
                            Think 2K will ever make football games again? Or is EA have to much money to ever let it go

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                            • TreFacTor
                              MVP
                              • Oct 2009
                              • 1138

                              #194
                              Re: Judge Certifies Class-Action Football Game Pricing Lawsuit Against EA

                              Anyone else having an issue with the submit button on the site? I'm pretty sure I got in on this when it hit the ground running so that my be the cause of me not being able to re submit a claim...just wondering.
                              Proud Beta tester for NFL 2K Dreamcast
                              "Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity."

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                              • infemous
                                MVP
                                • Nov 2009
                                • 1568

                                #195
                                Re: Judge Certifies Class-Action Football Game Pricing Lawsuit Against EA

                                Originally posted by mestevo
                                Except those are all rumors and not likely true since they've been contradicted by other rumors and Sony statements already.

                                Not touching the straw man, and defer to CM Hooe's explanation above as to it being an 'unfair advantage'.

                                I'd contend that other companies flat out declining to compete is a bigger advantage than the NFL license at this point. Really isn't the thread for that discussion though. They've been sued over the licensing too - and lost/settled - and the end result is no exclusive AFL or NCAA license while leaving Madden unscathed. Search will find a thread or two about that too.

                                We'll see because alot of discussion at the announcement of the PS3 was centred around the downloading of games as opposed to physically buying them. It was all about making everything 'immediate' but it also is convenient for the game developers. We won't know until the machines get released or even further along down the line. Remember that game developers, including EA are also trying to kill off the re-sale market through the use of 'online passes' and various versions of it. You can't just say its rumours when the entire industry seems to be trending that way. No its not confirmed or a dead cert, but to reject it is as a valid concern is ignorance.

                                With these initiatives EA holds an 'unfair advantage' over their customers. The game is only valid for one year yet there is a possibility of there being no outlet for audiences to acquire the game for (noticeably) lower than the initial release price.

                                The unfair advantage is not a straw man because people buy Madden for the NFL license, which EA has exclusively. Irrespective of the fact that the NFL reserves the right to sell their rights to whoever they want, it does not deny the 'unfair advantage' EA has over not only their competition, but additionally, the fans of the series. We as customers do not see the same price drop that we used to see in Madden titles, or tbh other games titles as quickly as we used to.

                                I didn't say that it is against the law, I just implied (and am saying now) that these business practices SHOULD be against the law.

                                My final line however was what inspired me to comment in the first place, which was seeing people defending EA's pricing policies. That defies my understanding because who'd want to pay more for something, when they could pay less? ESPECIALLY with such a flawed product as Madden (although do not take that as bashing because I still enjoy the game, I just recognise that it is far from what it could be)
                                Last edited by infemous; 04-21-2013, 03:03 AM.
                                Blood in my mouth beats blood on the ground.

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                                PS3 SuperSimMaddenLeague; a CCM with Jarrod21's awesome sliders, latest rosters, looking to fill up.

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