Court Filing Shows NCAA Had Concern About Use of Athlete Likenesses

[californ14]

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.

A couple 70 something, former basketball players? really?

[californ14]

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

I remember at least one football game using the name "Joe Idaho" as a likeness for Joe Montana because they didn't have a license to use his real name...Better get them lawyers on that "likeness" those evil bastards exploiting Joe Montana like that....smh....

[Jimbo614]

The NCAA just threw EA under the bus.

[eagskerfan]

I'm a Nebraska season ticket holder. When playing one of my season games, I noticed in my seat there was a fan wearing red. Looks kind of like me. Where can I get in on this??

[JerseySuave4]

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....

Only problem is it's not a stupid lawsuit. If your boss was making billions and only paying your expenses for job training and travel, you'd be pissed that he is profiting greatly off your work while you get nothing. The amount of money that is made off the exploitation of college athletes is crazy. If it were a stupid lawsuit, it would have been thrown out by now. Problem is it's a legit lawsuit and college athletes are finally tired of not getting a piece of billion dollar pie.

[JerseySuave4]

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.

if the rosters were completely random, meaning instead of a 6'1 white QB from Texas A&M that wears #2 they made him a 6'3 black QB that wears #3, then they can't prove it's based on Johnny Manziel. Even if they allowed us all the editing options we want so we can make the rosters accurate, they would have no argument for a lawsuit. Just because they allow you to edit does not mean they are responsible for what you do with that editing. So while you're trying to play devil's advocate, it doesn't work in this situation. The lawyers could try but in this case they'd have no real argument because they can't prove the rosters EA puts out are based on anyone in real life.

[T-Moar]

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

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.

If that were possible, the NFLPA would have sued Backbreaker by now.

[Sundown2600]

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

As stated before EA could save themselves a lot of trouble with future titles if they:

1. Add a global editor with minimal lag. This is a must for me. (No need for the 3D stuff)
2. Every Player's likeness and ratings must be randomized.
3. Give users the option to delete default players and create as many players as they want as long as they don't exceed the roster limit.

TBH this will never happen. Only hardcore fans want to play around with ratings and editors. As soon as casual gamers figure out their favorite star players don't resemble their real life counterparts by default they won't want to buy or play the game anymore. Most ppl buy this just to hold them over until Madden drops as it is.

If the players win this lawsuit I have a hard time believing EA would continue to make college football games. Too much risk involved and combined with the inevitable reduction in sales...it would be all over.

[oXoTheJOKERoXo]

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

Its more like... If your boss paid for your house, groceries, car, training, and travel while giving you the oppurnity of becoming a million. Who could be greedy with that

[jello1717]

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

First I'd like to say that while I hate to think about how much this lawsuit could hurt college football games (which is without question my favorite video game), this lawsuit is very valid. EA is very in the wrong here and I don't see how they could possibly win the suit. Anyone that thinks this lawsuit is stupid and frivolous is likely just being selfish and wants their college football game.

Now for those of you saying "well they'd just need to make TAMU's QB #3 instead of #1 and black and then EA would be okay," I'm sure that it would have to go waaaay beyond that. Even if EA completely randomized race, number, height, weight, and state of origin (all of which would be easy enough for roster editors to handle), this wouldn't be nearly enough. Using the 2012 roster as an example, if the fastest QB in the country started for Michigan, the fastest HB was the #2 guy for Oregon, the best DE in the country started for South Carolina, etc, it wouldn't matter if they were all white dudes from Maine. Anyone could legitimately argue that EA was still using the real players in their game so EA would have to completely randomize everything about all players. It takes roster editors a long time to simply name, correct some numbers, and add in some missing guys now. I can't imagine how long it would take to get an accurate roster if they had to determine and then enter every rating of every player...

[Sundown2600]

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

First I'd like to say that while I hate to think about how much this lawsuit could hurt college football games (which is without question my favorite video game), this lawsuit is very valid. EA is very in the wrong here and I don't see how they could possibly win the suit. Anyone that thinks this lawsuit is stupid and frivolous is likely just being selfish and wants their college football game.

Now for those of you saying "well they'd just need to make TAMU's QB #3 instead of #1 and black and then EA would be okay," I'm sure that it would have to go waaaay beyond that. Even if EA completely randomized race, number, height, weight, and state of origin (all of which would be easy enough for roster editors to handle), this wouldn't be nearly enough. Using the 2012 roster as an example, if the fastest QB in the country started for Michigan, the fastest HB was the #2 guy for Oregon, the best DE in the country started for South Carolina, etc, it wouldn't matter if they were all white dudes from Maine. Anyone could legitimately argue that EA was still using the real players in their game so EA would have to completely randomize everything about all players. It takes roster editors a long time to simply name, correct some numbers, and add in some missing guys now. I can't imagine how long it would take to get an accurate roster if they had to determine and then enter every rating of every player...

That's exactly the point I was making. Every single aspect of the players would have to be randomized in order for EA to have the best chance of protecting themselves from future lawsuits. At that point it's not even worth making the game. A global editor would help tremendously but even then as I said before the casual gamer would not want to deal with that. Once they see a completly randomized roster the uproar over it would be significant. IMO the series dies if the players win this lawsuit and I think they deserve to win.

Its more like... If your boss paid for your house, groceries, car, training, and travel while giving you the oppurnity of becoming a million. Who could be greedy with that

Nope...not the same at all. This is about a separate entity making profit off of your likeness. A better anology would be you working for a company and this company pays you for the work you do, but your boss goes out and makes a ton of money off of your likeness and you can't do a damn thing about it. Just because you get a paycheck for the work you do does it make it right for your boss, co-worker or company to make money off of your likeness?

[Computalover]

an interesting theory here.. if the athletes win their lawsuit and are paid for using their likeness in video games.. what would stop the NCAA schools suing the individual athletes to recoup the money for scholarships and extras? since the athletes being paid for being used during their time at the school, wouldnt that be a violation of their amateur status?

[NudeUp]

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

Only problem is it's not a stupid lawsuit. If your boss was making billions and only paying your expenses for job training and travel, you'd be pissed that he is profiting greatly off your work while you get nothing. The amount of money that is made off the exploitation of college athletes is crazy. If it were a stupid lawsuit, it would have been thrown out by now. Problem is it's a legit lawsuit and college athletes are finally tired of not getting a piece of billion dollar pie.

Pretty sure the players get a free education and the opportunity to make millions playing a sport for a living. Its not EA or the NCAA's fault if they dont make it.

Hard life.

Having their likeness in the game would probably only BOOST their exposure and fan following.

Sooks.

[Dr Death]

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

All EA has to do is show the last few year's game w/ Notre Dame or Colorado at a night game... this will prove that there is NOTHING close to the real thing...

Mud brown helmets versus gold helmets that shine... This is simple EA... a first year law grad should be able to handle this case...