Lawsuit by Former NFL Players Against EA Allowed to Advance

[MajorSupreme]

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

So, I am nowhere near to being a lawyer, but where does the NFL and NFLPA fall under this? Or is this EA's problem their own to handle?

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[kehlis]

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

Really? lol

At this point I'll just take this with a grain of salt because, agree with me or not, I have articulated why I think EA's exclusives could have merit in this discussion.

Correct me if I'm wrong with this but in this post you bring it up to say that you believe they have a bullet on their back because they are the only game in down due to the license.

Won't get into the debate on whether that bullet is why they are getting sued BUT can't debate this post:

I don't agree with this at all considering it's the products EA has exclusive rights to where these likeness issues seem to keep arising. I haven't looked much into this, yet it seems this "target" on EA seems to stem, in one form or another, from EA's exclusive market share in NCAA and NFL video games. I would think if there were more parity among these markets, like there once was, these issues would get resolved differently, for whatever reason. Whether that would be due to there being a more uniform way of handling likeness, it not being as financially beneficial to sue multiple companies with divided market share, there being a more artistic perception/precedent when it's done in various game by various companies or whatever. However the way it stands now, if there is an issue with likeness for those type of games, the exclusives make EA the sole target.

Heavy is the head that wears/bought the crown.

What then does this post have anything to do with this lawsuit which is what this thread is about?

I get that people see things different ways but what I don't get is how others try to label it as something other than different conclusions drawn from the same facts. EA's exclusive video game licenses are a fact, they're not something people are making up and as such can be interpreted as factors in plausibly any reasonable discussion around those games.

Whether or not I agree with the post I don't see any issue bringing it up in the manner you did initially but that doesn't mean it's part of the discussion.

This second post is solely about the license and has no bearing in the conversation about this lawsuit in this manner.


Again, you want to blame it for why we have this lawsuit now? Fine.

But this isn't a place to go on tangents about it. This thread is about this particular lawsuit.



And no, I am not singling you out. I never quoted anyone or called anyone out The timing of my post was strictly coincidental that it came after yours because that's when I got home from work. Just responding to your post.

[kehlis]

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

So, I am nowhere near to being a lawyer, but where does the NFL and NFLPA fall under this? Or is this EA's problem their own to handle?

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Nowhere. The lawsuit is about players being used in the game once they were no longer in the NFLPA and therefore aren't being compensated for being in the game.

[SmashMan]

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

Really? lol

Yeah. My perception was that (and obviously I could be wrong) you were looking for a way to shoehorn the exclusive deal in here, as often happens; because making the leap from "EA being used for former player likenesses" to "This is due, in part, to the exclusive deal" takes some mental gymnastics.

That being said, I don't want to derail the thread with a stupid argument, so I'm just going to leave my end of it here.

[Kaiser Wilhelm]

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

Yeah, no. The lawsuit is over past use, and as far as anyone's identified this was well before exclusivity. Shoving the exclusivity agenda into this is just another way to be able to go off about the devil that EA is in the eyes of some and about how the company is responsible for all that's wrong in your world. This has nothing to do with a lack of options to litigate.



A word processor is a much broader tool than a video game allowing you to create others intellectual property only in that video game that is generating a revenue in part because of those features. A comparable example would be Marvel v City of Heroes. http://www.joystiq.com/2005/12/14/ma...wsuit-settled/

The complaint spawned from the ability to create characters in City of Heroes that closely resembled characters from the Marvel Universe.

Use some common sense here guys, if EA themselves aren't allowed to create players in their own game without licensing, why do you think it's legal for you to? They absolutely could send a C&D to Bob and to EA for any violations. Will/would they? Remains to be seen. Companies don't tend to invest in things that are going to encourage legal challenges because they enjoy making money.

NCSoft settled in that case, and according to that article, Marvel had half of its complaint thrown out. Not only that, but there were no changes to the character creator as a result of that lawsuit, according to that article. Companies sometimes settle, not because they are guilty, but because the cost of winning is greater than the settlement. So, yes, anybody can file a lawsuit, but whether it holds water is another story.

If a company were to release a football video game using the licenses from the FBS schools with generic players, but included a player editor so that gamers could create their own characters to use in the game, then that company would, likely, not be held responsible if a group of gamers collaborated in creating an entire roster consisting of real players.

Any game that has a character creator could potentially be the target of a lawsuit if all it took was being able to make a character closely resemble a real human being.

[jpollack34]

A lawsuit like this would go absolutely nowhere if a company were to release a deep editor with no license. Take Fire Pro Wrestling as an example. A a game that has one of the deepest editors I've ever seen. And it has been used for a long time to replicate pretty much every wrestler in appearance and moves. The players look and move exactly like their real life counterparts. Not only would they have absolutely no legal footing. Anyone who goes after the users would be committing suicide. You would essentially be attacking your biggest fans.

[ODogg]

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

Jpollack, exactly what I was saying but you said it better...

[Gman 18]

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

A lawsuit like this would go absolutely nowhere if a company were to release a deep editor with no license. Take Fire Pro Wrestling as an example. A a game that has one of the deepest editors I've ever seen. And it has been used for a long time to replicate pretty much every wrestler in appearance and moves. The players look and move exactly like their real life counterparts. Not only would they have absolutely no legal footing. Anyone who goes after the users would be committing suicide. You would essentially be attacking your biggest fans.

Is this is the case then why do you think EA shys away from enabling the ability to edit draft classes to their games?

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[jpollack34]

Is this is the case then why do you think EA shys away from enabling the ability to edit draft classes to their games?

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Precisely because they advertise themselves as a licensed product?

Heavy is the head that bought the crown !

[cowboy_kmoney]

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

Well i hope The NFL will drop the exclusive and open the doors for others to make a game also.

[ggsimmonds]

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

Is this is the case then why do you think EA shys away from enabling the ability to edit draft classes to their games?

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I think the answer is simple incompetence.

They backed themselves into a corner with their progression system and storylines.

[RyanLeaf16]

Everyone says that...till they need one amd then they want some cheap hourly bill rate.