NCAA, EA allowed to seek dismissal from O'Bannon case

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  • Mckinley Cash
    Pro
    • May 2012
    • 728

    #1

    NCAA, EA allowed to seek dismissal from O'Bannon case



    Interesting development, it doesn't seem like this case will be over anytime soon.

    NCAA, EA allowed to seek dismissal from O'Bannon Case
    Last edited by Mckinley Cash; 09-10-2013, 07:12 PM.
  • aholbert32
    (aka Alberto)
    • Jul 2002
    • 33106

    #2
    Re: NCAA, EA allowed to seek dismissal from O'Bannon case

    Originally posted by Mckinley Cash
    Interesting development. Doesn't seem like this case will be over anytime soon.



    http://www.usatoday.com/story/sports...-corp/2794473/
    She's allowing them to refile based on the Obannon's team changing its new theory.

    It doesnt matter because she will probably deny the motions anyway. I know this stuff seems like its significant but its not. Nothing really matters until discovery begins in full and Obannon's team and EA's team start to depose witnesses. No one is expecting this case to settle until 14/15 anyway.

    Comment

    • ACardAttack
      Pro
      • Jul 2005
      • 711

      #3
      Re: NCAA, EA allowed to seek dismissal from O'Bannon case

      Originally posted by aholbert32
      She's allowing them to refile based on the Obannon's team changing its new theory.

      It doesnt matter because she will probably deny the motions anyway. I know this stuff seems like its significant but its not. Nothing really matters until discovery begins in full and Obannon's team and EA's team start to depose witnesses. No one is expecting this case to settle until 14/15 anyway.
      So does this effect at all the chances of a fully licensed game next year or are they two different issues to begin with? (sorry havent been following along lately, last I heard something like no big 10, sec, big 12 unless the individual schools sign up)

      Comment

      • aholbert32
        (aka Alberto)
        • Jul 2002
        • 33106

        #4
        Re: NCAA, EA allowed to seek dismissal from O'Bannon case

        Originally posted by ACardAttack
        So does this effect at all the chances of a fully licensed game next year or are they two different issues to begin with? (sorry havent been following along lately, last I heard something like no big 10, sec, big 12 unless the individual schools sign up)
        The only way there would be a fully licensed game is if there was a settlement right now and there wont be. This news doesnt change anything at all really. Also you have it wrong. No Big 10 or Big 12 marks. The SEC mark is still licensed. As of today, all of the teams are expected to be in next years game.

        Comment

        • ACardAttack
          Pro
          • Jul 2005
          • 711

          #5
          Re: NCAA, EA allowed to seek dismissal from O'Bannon case

          Originally posted by aholbert32
          The only way there would be a fully licensed game is if there was a settlement right now and there wont be. This news doesnt change anything at all really. Also you have it wrong. No Big 10 or Big 12 marks. The SEC mark is still licensed. As of today, all of the teams are expected to be in next years game.
          So no Big 12 marks, but still will have their teams?

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          • aholbert32
            (aka Alberto)
            • Jul 2002
            • 33106

            #6
            Re: NCAA, EA allowed to seek dismissal from O'Bannon case

            Originally posted by ACardAttack
            So no Big 12 marks, but still will have their teams?
            Yes. The schools own the uniforms, names and stadiums. Not the Big 12.

            Comment

            • ACardAttack
              Pro
              • Jul 2005
              • 711

              #7
              Re: NCAA, EA allowed to seek dismissal from O'Bannon case

              Originally posted by aholbert32
              Yes. The schools own the uniforms, names and stadiums. Not the Big 12.
              This is better news that what I understood last I heard!

              Comment

              • TDenverFan
                MVP
                • Jan 2011
                • 3457

                #8
                Re: NCAA, EA allowed to seek dismissal from O'Bannon case

                Originally posted by aholbert32
                The only way there would be a fully licensed game is if there was a settlement right now and there wont be. This news doesnt change anything at all really. Also you have it wrong. No Big 10 or Big 12 marks. The SEC mark is still licensed. As of today, all of the teams are expected to be in next years game.
                I thought 1 team was not going to be in?
                Football: Denver Broncos
                Baseball: Lehigh Valley Iron Pigs
                Hockey: Allentown Phantoms
                NCAA: The College of William and Mary Tribe


                William and Mary Class of 2018!

                Comment

                • aholbert32
                  (aka Alberto)
                  • Jul 2002
                  • 33106

                  #9
                  Re: NCAA, EA allowed to seek dismissal from O'Bannon case

                  Originally posted by TDenverFan
                  I thought 1 team was not going to be in?
                  That hasnt been confirmed yet. Its possible though.

                  Comment

                  • TimLawNYC
                    Rookie
                    • Mar 2009
                    • 340

                    #10
                    Re: NCAA, EA allowed to seek dismissal from O'Bannon case

                    Originally posted by aholbert32
                    The only way there would be a fully licensed game is if there was a settlement right now and there wont be. .
                    I disagree; a settlement doesn't really mean anything with regard to future games. I think a settlement would only create a situation where we still have a ton of uncertainty, and EA would still be open to potential litigation from college players portrayed in future games--and if EA shows a willingness to settle, it makes it even more likely that other players will file suit, just to get a settlement payment.

                    The only way this case can be resolved in a way that definitely favors future EA football games is if EA wins on the merits; bonus points if the judgment indicates that portrayal of players' likenesses in these games is not actionable as a matter of law (for example, if the judge rules that there is no way these games infringe on players' rights, or that there is no way for players to recover any damages as a result of EA's actions). Only a win by EA would prevent future litigation from college athletes who are not involved in any of the current lawsuits; if EA loses at trial or the case settles, EA could still face a flood of litigation from other football players--in which case it seems likely that EA's smartest course would be to just stop making these games altogether.

                    Comment

                    • woodjer
                      MVP
                      • Mar 2003
                      • 1196

                      #11
                      Re: NCAA, EA allowed to seek dismissal from O'Bannon case

                      Originally posted by aholbert32
                      The only way there would be a fully licensed game is if there was a settlement right now and there wont be. This news doesnt change anything at all really. Also you have it wrong. No Big 10 or Big 12 marks. The SEC mark is still licensed. As of today, all of the teams are expected to be in next years game.
                      No, he had it right. SEC is out too...
                      The Southeastern Conference has joined the NCAA in announcing it will no longer license its trademarks in the EA Sports NCAA football video game.


                      Like you said though, individual teams (so far) are all still there from what I know. Will be interesting to see what EA does with conferences then.
                      PSN: JWGoND

                      Comment

                      • BallinVol
                        MVP
                        • May 2003
                        • 1191

                        #12
                        Re: NCAA, EA allowed to seek dismissal from O'Bannon case

                        Originally posted by woodjer
                        No, he had it right. SEC is out too...
                        The Southeastern Conference has joined the NCAA in announcing it will no longer license its trademarks in the EA Sports NCAA football video game.


                        Like you said though, individual teams (so far) are all still there from what I know. Will be interesting to see what EA does with conferences then.
                        Then there was another article that came out stating that someone jumped the gun on this and that the SEC would remain intact, for now. I can't remember where it was, but I'm sure there is a thread on it somewhere here.

                        Comment

                        • Mr2Nice
                          # The No Movement!
                          • Mar 2012
                          • 1262

                          #13
                          Re: NCAA, EA allowed to seek dismissal from O'Bannon case

                          EA may get lucky and get out of the lawsuit,but NCAA open up your checkbook because pay day is coming next year for O'Bannon & Company as it should.

                          No reason for the rich to get richer off of free labor!

                          As for EA college football: it will not be authetic. Schools will not want anything to do with the possiblity of also being sued.

                          Comment

                          • guitar4468
                            Rookie
                            • Jul 2008
                            • 84

                            #14
                            Re: NCAA, EA allowed to seek dismissal from O'Bannon case

                            Originally posted by Mr2Nice
                            EA may get lucky and get out of the lawsuit,but NCAA open up your checkbook because pay day is coming next year for O'Bannon & Company as it should.

                            No reason for the rich to get richer off of free labor!

                            As for EA college football: it will not be authetic. Schools will not want anything to do with the possiblity of also being sued.
                            It is not free labor. They get 100,000s plus dollars worth of incentives. They know what they got into, if they did not want to do it, then they did not have to.

                            Comment

                            • Mr2Nice
                              # The No Movement!
                              • Mar 2012
                              • 1262

                              #15
                              Re: NCAA, EA allowed to seek dismissal from O'Bannon case

                              Originally posted by guitar4468
                              It is not free labor. They get 100,000s plus dollars worth of incentives. They know what they got into, if they did not want to do it, then they did not have to.
                              That statement is not true. Not all schools do that. Not all schools scholarships cost in the 100,000 like you posted. Also a scholarship is not automatic. It is renewed each season. All college athletes deserve to be paid since their likeness is used in selling of product and also in commericals.

                              No reason for schools to make millions off of people who do not have rights. Then tell them they can't sign autographs for money but the schools can hold auctions for 100's of thousands of dollars to get to eat with player or players. On top of that not letting them sell their jerseys,rings and/or etc for cash even though they earned the item but can not sell that item until they are out of school.

                              Not right nor fair. The argument of saying they don't have to play is just misinformed. How many NFL players do you know get to jump from high school to the pros? NONE because they have made laws saying they must be at least out of high school for x amount of years.

                              Not sure why some people think college athletes should not have rights. If I have a academic scholorship I can make as much money as I want while going to school, and I get a free ride. I can sign a autograph, sell my books or insturment without free of loosing my free ride.

                              Just plain facts!

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