Lawsuit by Former NFL Players Against EA Allowed to Advance

[HealyMonster]

Re: Lawsuit by Former NFL Players Against EA Allowed to Advance

I think k they lost this lawsuit when they described madden as a "realistic virtual simulation" of the NFL. They are going to play a game in court judge will be like I've seen enough of this nonsense. Dismissed.

[maltliquor23]

If it really is just those 2 games, then this case is complete BS

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This involves the "classic" teams IE teams such as the 80 Rams 66 Browns 91 Bills or All time teams IE All Raiders. These teams were included and had associated numbers but not player names. This is the same complaint that the NCAA lawsuit took. The retired players are not covered by the union contract and at the time there was no retired players contracts as there are now for MUT or similar to All Pro 2k8. MEA is claiming that the relation is incidental, however if the roster included the player number and matching height weight skin tone or other recognizable data then you have the same elements of the NCAA suit. We all know what EA did in those circumstances.

[kehlis]

Re: Lawsuit by Former NFL Players Against EA Allowed to Advance

I think k they lost this lawsuit when they described madden as a "realistic virtual simulation" of the NFL. They are going to play a game in court judge will be like I've seen enough of this nonsense. Dismissed.

A judge is the one who okayed this lawsuit to proceed though?

[braves_94]

only the madden games prior to Madden NFL 95 did not have a license. of those only madden 93 & 94 had classic teams and players. so it would have to be those 2 games

Madden 96 had historic teams with fairly accurate numbers. A, B, C, C, A, B, B was my Konami Code.

[Gman 18]

Re: Lawsuit by Former NFL Players Against EA Allowed to Advance

"Your honor exhibit A *shows Madden for SNES* as you can clearly see this player looks exactly like one of my clients."

I honestly wouldn't be surprised it that was said to the judge lol. This case seems to be more of a cash grab than being an actual legitimate case

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[kehlis]

Re: Lawsuit by Former NFL Players Against EA Allowed to Advance

I honestly wouldn't be surprised it that was said to the judge lol. This case seems to be more of a cash grab than being an actual legitimate case

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It wasn't.

If you want to see the summary of what was presented to the judge and the conclusion it's linked in the first post.

[maltliquor23]

By the way, all the members making jokes about this may want to take heed. I am fairly sure if you go back to the first time the NCAA lawsuit was mentioned on OS or anywhere else. Alot of people probably made the same jokes and brushing it off as a cash grab. Did all of you see how well NCAA Football 15 sold this year.

Oh wait.

EA is spewing the same line they made in the NCAA case well "its free speech because its art." Well "pride goeth before destruction, a haughty spirit before a fall"

[mestevo]

Re: Lawsuit by Former NFL Players Against EA Allowed to Advance

By the way, all the members making jokes about this may want to take heed. I am fairly sure if you go back to the first time the NCAA lawsuit was mentioned on OS or anywhere else. Alot of people probably made the same jokes and brushing it off as a cash grab. Did all of you see how well NCAA Football 15 sold this year.

Oh wait.

EA is spewing the same line they made in the NCAA case well "its free speech because its art." Well "pride goeth before destruction, a haughty spirit before a fall"

And which madden titles were and continue to be made exclusively with player likenesses being disputed? NCAA had other large licensing hurdles as the teams started opting out what little could he licensed also.

Apples and oranges.

[kehlis]

Re: Lawsuit by Former NFL Players Against EA Allowed to Advance

By the way, all the members making jokes about this may want to take heed. I am fairly sure if you go back to the first time the NCAA lawsuit was mentioned on OS or anywhere else. Alot of people probably made the same jokes and brushing it off as a cash grab. Did all of you see how well NCAA Football 15 sold this year.

Oh wait.

EA is spewing the same line they made in the NCAA case well "its free speech because its art." Well "pride goeth before destruction, a haughty spirit before a fall"

Except they are two completely different scenario's.

[maltliquor23]

Except they are two completely different scenario's.

Apples and Oranges? Perhaps in title only. Look at any madden title that included classic teams. That is where this suit is based. Not in current rosters, but in classic teams that were included in previous games.

EA argued in a preliminary hearing that they should be dismissed from the NCAA suit for the following reason, "even if it was using player likenesses, it was doing so in the same way as an impressionist uses a celebrity's mannerisms to make a joke"

They are now using the same argument for their included in game historical rosters. The judge even included in his summary as stated in the article "Like NCAA Football, Madden NFL replicates players' physical characteristics and allows users to manipulate them in the performance of the same activity for which they are known in real life - playing football for an NFL team," This is also the same district court that ruled in the O'Bannon case. Incidentally the court found "the arguments in the current case 'materially indistinguishable' from the reasons for rejecting the request to dismiss the college case."

EA argues they are using artistic license but provided ratings, uniform numbers, height, weight, skintone that matched real players on real teams.

Per an article with IGN, classic rosters were in madden 04. This included Ferragamo's 79 Rams.
http://www.ign.com/articles/2003/07/19/madden-classics?

Please explain how this is apples and oranges. Cause here is the way i see it.

EA Created a game (NCAA series) and Particular years of madden which included classic teams
EA Created in game avatars
EA assigned those avatars to Corresponding teams
Those Avatars held characteristics similar or matching the players on the corresponding teams.
The Former NFL players on which the avatars were based were not contacted
The Former NFL players on which the avatars were based did not sign contracts
The Former NFL players on which the avatars were based did not consent to their likeness being used.
The Former NFL players on which the avatars were based did not receive compensation for their likeness being used.

The only difference here is college athletes and retired football players.

[kehlis]

Re: Lawsuit by Former NFL Players Against EA Allowed to Advance

The only difference here is college athletes and retired football players.

And there you go.


If Madden loses retired players and classic teams the only loss is a massive settlement. Not a game which they can continue to make with current players. Game goes on.


NCAA lost the very players which made it's game an actual NCAA game.



Do you really not see the difference?

[loccdogg26]

Re: Lawsuit by Former NFL Players Against EA Allowed to Advance

Didn't Jim Brown sue EA before about the Madden game and lost?

[kehlis]

Re: Lawsuit by Former NFL Players Against EA Allowed to Advance

Didn't Jim Brown sue EA before about the Madden game and lost?

He did, his lawsuit was thrown out and dismissed in district court before it could go to to trial.


This particular case was already okay-ed by a judge to go to trial and this particular story was about the fact that EA appealed that decision and lost so they are already way past where Brown ever got.

[l8knight1]

Everything can be elevated to a new level. They can just remove roster sharing as step. I hope nothing like this will come to reality.

This is disconcerting. EA has already limited editing ability in rosters, and I could see roster/player creation limitations or even elimination as possibly coming in the future.

[shopejay]

Re: Lawsuit by Former NFL Players Against EA Allowed to Advance

Yet another football game on the way out the door!