Jim Brown Receives $600K Settlement Against EA

[baconbits11]

Re: Jim Brown Receives $600K Settlement Against EA

I wish people knew the actual legal definition of a likeness before posting.

Likeness: The distinguishable aspects of a person identity.

So Madden had a RB on the classic Browns team that was Black, 6-2, 235 lbs, Black and wore #32.

Jim Brown was a RB on the Browns.
Jim Brown is 6-2.
Jim Brown was 235 lbs when he played.
Jim Brown wore #32.
Jim Brown is a black man.

That right there is enough to justify a right of publicity/likeness suit. Those are all distinguishable ways to identify Brown.

The fact that they asked Brown before they added him to the game and he said no just makes the case more of a slam dunk.

It doesnt matter that the graphics were primitive.
It doesnt matter that they didnt try to make his face resemble Brown.
It doesnt matter that they didnt use Brown's name.

Your solution of just putting a #32 in the FA pool wouldnt work for EA. They wanted people to know it was Brown without using his name. Adding a black RB with the #32 wouldntve been enough for people to know it was Brown. A black #32 RB could be Marcus Allen or OJ Simpson or Franco Harris. They wanted people to know it was Brown.

I honestly dont know why anyone would defend EA here.

I said EA's mistake was putting him on the Browns. My point is if they had changed just one of the identifying marks above, changed height, weight, put him in the free agent pool, made him white, etc. what then? Mr Brown would have lost his suit if there's any justice if any of that happened. I'm sure there are other black players #32 with the same height and weight as Brown in many other Madden games.

Sure EA Screwed up, I never questioned that, but Mr. Brown is being a jerk. It's a videogame! If it's clear EA wanted people to know it was Brown, then should have been honored by his legacy being explored by young kids who play games. Now this opens the door for every other player to sue also. If this continues, then we may not have any football games.

[aholbert32]

Re: Jim Brown Receives $600K Settlement Against EA

I said EA's mistake was putting him on the Browns. My point is if they had changed just one of the identifying marks above, changed height, weight, put him in the free agent pool, made him white, etc. what then? Mr Brown would have lost his suit if there's any justice if any of that happened. I'm sure there are other black players #32 with the same height and weight as Brown in many other Madden games.

Sure EA Screwed up, I never questioned that, but Mr. Brown is being a jerk. It's a videogame! If it's clear EA wanted people to know it was Brown, then should have been honored by his legacy being explored by young kids who play games. Now this opens the door for every other player to sue also. If this continues, then we may not have any football games.

What? How is he being a jerk? He has a right to control how his likeness is used. He has a right to demand money for the use of his likeness. He didnt come to a deal with EA, they went ahead and used his likeness and he sued. Thats exactly what he shouldve done.

Also Brown wouldnt have sued if they made the character white but EA wouldnt have done that because then people wouldnt have known it was Brown.

It doesnt open up any lawsuits other than those related to classic teams and players they didnt license....and Madden doesnt have classic teams anymore. EA has rights to every active NFL player because it has a LICENSE with the NFLPA. The classic players in MUT were paid by EA to LICENSE their likeness.

You gotta know the facts before spouting an opinion man.

[seasprite]

Re: Jim Brown Receives $600K Settlement Against EA

I said EA's mistake was putting him on the Browns. My point is if they had changed just one of the identifying marks above, changed height, weight, put him in the free agent pool, made him white, etc. what then? Mr Brown would have lost his suit if there's any justice if any of that happened. I'm sure there are other black players #32 with the same height and weight as Brown in many other Madden games.

Sure EA Screwed up, I never questioned that, but Mr. Brown is being a jerk. It's a videogame! If it's clear EA wanted people to know it was Brown, then should have been honored by his legacy being explored by young kids who play games. Now this opens the door for every other player to sue also. If this continues, then we may not have any football games.

That's a pretty big "what if"....would have made this thread non-existent seeing as Brown would have never sued. This action of litigation doesn't in any way, make Brown a jerk.........he has a ton of other actions that do though.

[mrprice33]

Re: Jim Brown Receives $600K Settlement Against EA

There's a whole lot of "I don't know what I'm talking about but let's push forward and hot take away!" going on in this thread


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[Big FN Deal]

Re: Jim Brown Receives $600K Settlement Against EA

I said EA's mistake was putting him on the Browns. My point is if they had changed just one of the identifying marks above, changed height, weight, put him in the free agent pool, made him white, etc. what then? Mr Brown would have lost his suit if there's any justice if any of that happened. I'm sure there are other black players #32 with the same height and weight as Brown in many other Madden games.

Sure EA Screwed up, I never questioned that, but Mr. Brown is being a jerk. It's a videogame! If it's clear EA wanted people to know it was Brown, then should have been honored by his legacy being explored by young kids who play games. Now this opens the door for every other player to sue also. If this continues, then we may not have any football games.

All that supposed conceding that this is EA faults but then you round it off with the bold, so it's not really EA's fault. You actually have the nerve to say say that someone SHOULD be honored, for whatever reason, after EA would use their likeness after they told them they couldn't, as if it's only video games that EA makes for kids out of the kindness of their heart. I'm also curious how personal attacks against Jim Brown are ok ITT. I wonder how it would go in any thread if it was said "ok that's not EA's fault but they are jerks, they should just be honored that kids want to play their games and not charge $60, $5 is sufficient".

Then the whole thing about this could lead to no football games, which someone has already explained why that's doesn't apply earlier ITT when referring to NFL video games but even if it weren't the case and suing for player likeness could result in no football video games, again, EA's fault, not that of whatever athletes likenesses they used illegally.

To that other poster with that slick comment about my feelings towards EA, this has nothing to do with what I think of Madden and as passionate as I get about football video games, my contempt for this garbage being displayed in here against an individual in favor of a corporation violating their lawful right to decline being used, goes far beyond any opinion about a video game. Jim Brown has no fault in this situation yet people are being allowed to spew all manner of utter ignorance and logic twisting because.......I have no idea why.

[baconbits11]

Re: Jim Brown Receives $600K Settlement Against EA

What? How is he being a jerk? He has a right to control how his likeness is used. He has a right to demand money for the use of his likeness. He didnt come to a deal with EA, they went ahead and used his likeness and he sued. Thats exactly what he shouldve done.

Also Brown wouldnt have sued if they made the character white but EA wouldnt have done that because then people wouldnt have known it was Brown.

It doesnt open up any lawsuits other than those related to classic teams and players they didnt license....and Madden doesnt have classic teams anymore. EA has rights to every active NFL player because it has a LICENSE with the NFLPA. The classic players in MUT were paid by EA to LICENSE their likeness.

You gotta know the facts before spouting an opinion man.

None of this is fact, just expressing my opinion. But the fact is it could be a problem for those of us who like football games.

My last say on this is Mr Brown had the choice not to sue. There's a #34 on the 85 Bears. I don't see Walter Payton's family suing. There's a #22 on the 92 Cowboys, again I don't see Emmitt suing. You don't see any of his teammates listed here suing:

http://www.pro-football-reference.co...965_roster.htm

and I'm sure a lot more of them could use the money or are struggling like a lot of oldtime NFL players.

YES, EA SCREWED UP! they shouldn't have asked Mr Brown and went and put a pixelated character with all those details (team, height, weight). We don't know who else they asked or didn't ask, but there are hundreds of players on these classic teams that could now get $600K each. This would put EA out of business. If they don't get $600K, then another question to ask is why Mr Brown would get this amount but no one else. This action by Mr Brown wasn't necessary or important. It's a videogame. Surely, Mr Brown has other good things he could be doing than suing a videogame company. Maybe he's upset his rushing record was broke twice and he is losing his status.

We could all lose Madden and football videogames because of this. Now that Mr Brown sued, why wouldn't everyone else who was on a classic roster sue also?

PS I also doubt Mr Brown will be donating his windfall to charity.

[mrprice33]

Re: Jim Brown Receives $600K Settlement Against EA

None of this is fact, just expressing my opinion. But the fact is it could be a problem for those of us who like football games.

My last say on this is Mr Brown had the choice not to sue. There's a #34 on the 85 Bears. I don't see Walter Payton's family suing. There's a #22 on the 92 Cowboys, again I don't see Emmitt suing. You don't see any of his teammates listed here suing:

http://www.pro-football-reference.co...965_roster.htm

and I'm sure a lot more of them could use the money or are struggling like a lot of oldtime NFL players.

YES, EA SCREWED UP! they shouldn't have asked Mr Brown and went and put a pixelated character with all those details (team, height, weight). We don't know who else they asked or didn't ask, but there are hundreds of players on these classic teams that could now get $600K each. This would put EA out of business. If they don't get $600K, then another question to ask is why Mr Brown would get this amount but no one else. This action by Mr Brown wasn't necessary or important. It's a videogame. Surely, Mr Brown has other good things he could be doing than suing a videogame company. Maybe he's upset his rushing record was broke twice and he is losing his status.

We could all lose Madden and football videogames because of this. Now that Mr Brown sued, why wouldn't everyone else who was on a classic roster sue also?

PS I also doubt Mr Brown will be donating his windfall to charity.

Jim Brown's lawsuit has nothing to do with Madden as it stands today. EA has licensing agreements with the NFL and NFLPA. The issue with NCAA was that the NCAA would not allow EA to pay college players and the Keller/O'Bannon lawsuits opened EA up to suits as soon as players got out of college. Further, the NCAA doesn't work the same way as the NFL, as the NFL is literally comprised of the 32 teams, while the NCAA is more of a governing body like you'd find in boxing.

Theoretically, you could have a college football game without the NCAA. Actually, you could lose the NCAA in real life tomorrow and things would largely not change. Losing the NFL would literally disband all 32 teams. The situations are completely different and you need to read more and post less.


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[aholbert32]

Re: Jim Brown Receives $600K Settlement Against EA

None of this is fact, just expressing my opinion. But the fact is it could be a problem for those of us who like football games.

My last say on this is Mr Brown had the choice not to sue. There's a #34 on the 85 Bears. I don't see Walter Payton's family suing. There's a #22 on the 92 Cowboys, again I don't see Emmitt suing. You don't see any of his teammates listed here suing:

http://www.pro-football-reference.co...965_roster.htm

and I'm sure a lot more of them could use the money or are struggling like a lot of oldtime NFL players.

YES, EA SCREWED UP! they shouldn't have asked Mr Brown and went and put a pixelated character with all those details (team, height, weight). We don't know who else they asked or didn't ask, but there are hundreds of players on these classic teams that could now get $600K each. This would put EA out of business. If they don't get $600K, then another question to ask is why Mr Brown would get this amount but no one else. This action by Mr Brown wasn't necessary or important. It's a videogame. Surely, Mr Brown has other good things he could be doing than suing a videogame company. Maybe he's upset his rushing record was broke twice and he is losing his status.

We could all lose Madden and football videogames because of this. Now that Mr Brown sued, why wouldn't everyone else who was on a classic roster sue also?

PS I also doubt Mr Brown will be donating his windfall to charity.

I know that this is just your opinion but you need actual knowledge to support your opinion but you dont have any.

Every player wouldnt be eligible to receive 600k. Thats just false. Brown received 600k because EA asked him specifically to use his likeness and still used it after he said no. Also, Brown's fame and noteriety as one of the greatest players of all time increases the likely damages. EA settled because they knew they could lose more in court.

Other players dont have his level of fame or his resources to proceed with a lengthy lawsuit. Even if they did, the facts would likely be different and lead to a significantly smaller settlement.

This lawsuit isnt a threat to Madden. EA isnt in any danger of going out of buisness because they settled with Brown.

[jfsolo]

Re: Jim Brown Receives $600K Settlement Against EA

I can't believe that there is any argument about this case. EA did something that they were 100% in the wrong to do, got caught, rightfully got sued, in the end settled and coughed up some cash for their transgression. Open and shut case, Johnson.

[NDAlum]

Re: Jim Brown Receives $600K Settlement Against EA

There's a whole lot of "I don't know what I'm talking about but let's push forward and hot take away!" going on in this thread


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Par for the course in 2016

[kehlis]

Re: Jim Brown Receives $600K Settlement Against EA

We could all lose Madden and football videogames because of this. Now that Mr Brown sued, why wouldn't everyone else who was on a classic roster sue also?

I'm probably going to regret asking but how is it that this could cause us to lose Madden?

[aholbert32]

Re: Jim Brown Receives $600K Settlement Against EA

I'm probably going to regret asking but how is it that this could cause us to lose Madden?

He believes that every player who appeared on a classic roster in 08 would have grounds to sue. He also believes that they would all receive at least 600k. So lets say there were 1000 classic players in the game. Settlements would cost EA 600 million dollars. He believes that would shut down EA as a company.

Even though EA's net revenue last year was almost 900 million dollars.

Even though every player wouldnt be entitled to 600k.

Even though there are no facts that support his opinion.

[Reed1417]

Re: Jim Brown Receives $600K Settlement Against EA

EA does something wrong, yet Jim Brown is "greedy" for doing what he did. Riiiiiight. -______-

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[baconbits11]

Re: Jim Brown Receives $600K Settlement Against EA

He believes that every player who appeared on a classic roster in 08 would have grounds to sue. He also believes that they would all receive at least 600k. So lets say there were 1000 classic players in the game. Settlements would cost EA 600 million dollars. He believes that would shut down EA as a company.

Even though EA's net revenue last year was almost 900 million dollars.

Even though every player wouldnt be entitled to 600k.

Even though there are no facts that support his opinion.

My posts weren't about just facts and weren't representative of that, just opinion like most others in this thread. I am speculating on why Mr Brown sued and why other players wouldn't have the right to do the same. So if someone could explain:

Why wouldn't every player have the right to sue?

Why wouldn't they be able to get 600K?

Is it because they don't have Mr Brown's stature? Because he's a HOF?

Here's a fact: As of 2016, 303 individuals have been elected. Let's say only 100 of them sued. You would think they would all be eligible for the same compensation as Mr. Brown. Here's another fact: 100 x $600K = $60 million.

So there's your facts.

Am I wrong in believing that a $60 million judgment wouldn't affect EA? If so, then why all the layoffs over the years?

And then you go on to say that a $600 million judgment wouldn't shut EA down. I don't know many companies that could survive that, it would mean layoffs and be big news for sure.

[mrprice33]

Re: Jim Brown Receives $600K Settlement Against EA

He believes that every player who appeared on a classic roster in 08 would have grounds to sue. He also believes that they would all receive at least 600k. So lets say there were 1000 classic players in the game. Settlements would cost EA 600 million dollars. He believes that would shut down EA as a company.

Even though EA's net revenue last year was almost 900 million dollars.

Even though every player wouldnt be entitled to 600k.

Even though there are no facts that support his opinion.

Posts>>>>>>>facts