Court Filing Shows NCAA Had Concern About Use of Athlete Likenesses

[RaychelSnr]

As more details leak out with regard to the Ed O'Bannon and Sam Keller case versus EA Sports and the NCAA, we are finding that the NCAA has had a long history of being worried about what EA was doing with student athlete likenesses.

In a report in the USA today today, lawyers representing former and current college athletes allege that EA and the Collegiate Licensing Company (the NCAA's licensing arm) worked collaboratively "to affirmatively mislead the public" and college athletes about how far EA went to model digital athletes like the real players.

Once again, we got an insight into how the NCAA has had plans to include player likenesses within games. In an email from NCAA executive Greg Shaheen to the CLC's Pat Battle, Shaheen wrote, "Re: the S/A likeness, this will come in stages, we suspect. We're trying to determine the best strategy to get it all passed over the next two legislative cycles. The current take is that we need to do this first phase and then go back for photos and video games in the next phase. The read is that if we lump it all together, it will become loaded down and be killed"

The NCAA released a statement yesterday about the case, alleging that they (of course) are in the right, "The fact remains -- the NCAA is not exploiting current or former student-athletes but instead provides enormous benefit to them and the public. Plaintiffs are wrong on the facts and wrong on the law. The NCAA remains hopeful the court will agree and deny this motion."

We will get our next update on how this case is going in June, when the class action is either certified or dismissed. [USA Today]

[HozAndMoose]

Id lke to know how this affects future installments. I doubt it will have any on 14. But if EA ends up losing. Will they be forced to make players less like who they are supposed to be in real life? Will they remove the roster sharing? They can make QB#1 for Texas A&M 6'4 220 and black for all i care. As long as we have the option to edit everything.

[BleedGreen710]

Re: Court Filing Shows NCAA Had Concern About Use of Athlete Likenesses

[HozAndMoose]

8750 players. If there is 125 teams. not sure how many there are this year. It takes OSFM rosters a month to come out doing 1950. It would take a huge community effort to get all players close to right for every team if they just put random players on teams.

[RandyBass]

Re: Court Filing Shows NCAA Had Concern About Use of Athlete Likenesses

The NCAA is a disgrace.

[californ14]

So a couple ex players that couldn't make a life in the pros cause they sucked now want to get money any way they can? and some sick lawyers grabbed this chance to make a name and money too? Sounds like crap to me....America has become the land of the lawsuit....Hang the lawyers....

[loccdogg26]

Re: Court Filing Shows NCAA Had Concern About Use of Athlete Likenesses

So a couple ex players that couldn't make a life in the pros cause they sucked now want to get money any way they can? and some sick lawyers grabbed this chance to make a name and money too? Sounds like crap to me....America has become the land of the lawsuit....Hang the lawyers....

Are you serious?

[MoleDude]

So a couple ex players that couldn't make a life in the pros cause they sucked now want to get money any way they can? and some sick lawyers grabbed this chance to make a name and money too? Sounds like crap to me....America has become the land of the lawsuit....Hang the lawyers....

Yea...Bill Russel, Oscar Robertson. Couldn't make it as pros for sure, all about getting money.

[cparrish]

Re: Court Filing Shows NCAA Had Concern About Use of Athlete Likenesses

They can make QB#1 for Texas A&M 6'4 220 and black for all i care. As long as we have the option to edit everything.

As someone who never plays online, this is what is most important to me. I could care less what rosters the game is shipped out with as long as we have the ability to edit everything and everyone.

[loccdogg26]

Re: Court Filing Shows NCAA Had Concern About Use of Athlete Likenesses

Yea...Bill Russel, Oscar Robertson. Couldn't make it as pros for sure, all about getting money.

And Jim Brown.

[JerseySuave4]

So a couple ex players that couldn't make a life in the pros cause they sucked now want to get money any way they can? and some sick lawyers grabbed this chance to make a name and money too? Sounds like crap to me....America has become the land of the lawsuit....Hang the lawyers....

Just because you like to play a video game doesn't make their lawsuit wrong. They are right on for finally trying to do something about their likeness being exploited. There's a very simple solution to this and it's just to allow us as much editing ability as possible. I couldn't care less if the rosters were accurate in terms of numbers, ht & wt, there are enough people out there contributing and doing rosters that we can get an edited correct roster file. But give us real and accurate equipment and the ability to edit what we need and we'll take care of the rest.

[The_Rick_14]

Re: Court Filing Shows NCAA Had Concern About Use of Athlete Likenesses

Just because you like to play a video game doesn't make their lawsuit wrong. They are right on for finally trying to do something about their likeness being exploited. There's a very simple solution to this and it's just to allow us as much editing ability as possible. I couldn't care less if the rosters were accurate in terms of numbers, ht & wt, there are enough people out there contributing and doing rosters that we can get an edited correct roster file. But give us real and accurate equipment and the ability to edit what we need and we'll take care of the rest.

That is until another lawyer (or the same one) comes along and makes an argument that by allowing the editing of rosters, EA has given gamers the avenue to mimic likenesses of actual players, thereby exploiting their likeness and then EA is forced to strip out roster editing.

[T-Moar]

Re: Court Filing Shows NCAA Had Concern About Use of Athlete Likenesses

That is until another lawyer (or the same one) comes along and makes an argument that by allowing the editing of rosters, EA has given gamers the avenue to mimic likenesses of actual players, thereby exploiting their likeness and then EA is forced to strip out roster editing.

Except they can't win that argument - we're allowed to include their likeness in rosters, as long as the rosters aren't sold. If you want to get into the legalese of it, it's available here:

http://www.dmlp.org/legal-guide/using-name-or-likeness-another

[The_Rick_14]

Re: Court Filing Shows NCAA Had Concern About Use of Athlete Likenesses

Except they can't win that argument - we're allowed to include their likeness in rosters, as long as the rosters aren't sold. If you want to get into the legalese of it, it's available here:

http://www.dmlp.org/legal-guide/usin...keness-another

Thanks for that. Going to play devil's advocate here.

While it doesn't say that there is grounds to sue for selling a product that allows likenesses to be created (in this case through editing), it also does not state against it leaving lawyers with plenty of gray area to maneuver (unless I missed something).

A lawyer could argue that by including roster editing as a feature of their product, they are indirectly responsible for the usage of likenesses in their product by their fan base. Especially when they add the tie in for ease of mass distribution through the roster locker system.

Is it a harder argument to win? Yes, but I don't think it's an impossible argument to win.

[californ14]

Re: Court Filing Shows NCAA Had Concern About Use of Athlete Likenesses

Just because you like to play a video game doesn't make their lawsuit wrong. They are right on for finally trying to do something about their likeness being exploited. There's a very simple solution to this and it's just to allow us as much editing ability as possible. I couldn't care less if the rosters were accurate in terms of numbers, ht & wt, there are enough people out there contributing and doing rosters that we can get an edited correct roster file. But give us real and accurate equipment and the ability to edit what we need and we'll take care of the rest.

Has nothing to do with any enjoyment I may or may not get out of playing games. and since I do not play NCAA, it really is not a motivating factor here....I dislike lawyers and stupid lawsuits....Maybe these players could do without sports scholarships and other perks they may or may not get for playing a game? Way I see it, the NCAA owns these people in college...If they do not like it they can get a job at McDonalds....