NCAA Football 14 News Post

O'Bannon Legal Team Reacts to NCAA Decision

04:27 PM - July 18, 2013 by RaychelSnr

In a brief sent over to us by the O'Bannon defense team at the law firm Hagens Berman, the law firm alleges that the NCAA is trying to duck its responsibilities to the student athletes who they claim have been wronged by both the NCAA and EA.

“This announcement makes plain that the NCAA is attempting to mitigate the damage by ducking its responsibilities" co-lead counsel Steve Berman said in a statement. "We look forward to taking this case to trial and winning compensation for student-athletes whose likenesses were used without their permission, in violation of both the NCAA’s rules and the law.”

According to Berman, they are delighted the NCAA has left the video games business, "“While we are heartened they’ve stopped the practice, we believe they owe those student athletes a great deal more than their implied promise to stop stealing their images."

The O'Bannon suit is scheduled to be certified (or not) as a class action suit very soon, which will carry with it enormous possible penalties for both EA and the NCAA.

In response to the lawsuit, the NCAA's credit rating outlook was downgraded to negative by Moody's in late June. While this doesn't mean the rating has been downgraded, there is fear that should O'Bannon win, the organizations solvency could come into question.

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Member Comments

# 41 robbel @ 07/19/13 03:00 PM

Quote:

Originally Posted by JLoco11


	O'Bannon's legal team will beat the likeness argument in court... I can't imagine how he loses that end of the lawsuit. Where the lawyers are going to fail, is going to be what compensation amateur athletes are entitled to. When you register with the NCAA (in any sport, not just football), you waive your rights of representation on the universities behalf. They can put you on posters, programs, television from games to sports shows, to media guides... and every athlete signs their rights away when they join NCAA division sports. O'Bannon and Keller are going to win the battle of likeliness in a game, but they're going to lose the war against the NCAA for signing their rights away. They're going to lose against a system of amateur rules (as unfair as they may be), going back to old Olympic rules that most governing bodies have adopted.

Ah yes, the 'every document you sign is legally binding' and 'just because that's the way it's always been' arguments. Those will absolutely help the NCAA...

The NCAA has no case here. They bring in almost a billion dollars a year in large part due to student athletes. It's just a matter of time before these athletes receive a cut of EVERYTHING sold that bears their likeness or uniform number, which they should.

# 42 simgamer0005 @ 07/19/13 03:48 PM

Quote:

Originally Posted by robbel


	Ah yes, the 'every document you sign is legally binding' and 'just because that's the way it's always been' arguments. Those will absolutely help the NCAA... The NCAA has no case here. They bring in almost a billion dollars a year in large part due to student athletes. It's just a matter of time before these athletes receive a cut of EVERYTHING sold that bears their likeness or uniform number, which they should.

Why is it a foregone conclusion that it's just a "matter of time" before college athletes receive a cut of everything? that goes against the idea of what college is supposed to be all about. most of the athletes that participate in college football are getting a free education, and gaining experience that will help them throughout their life. whereas regular college students have to pay to get the same education as the athletes are getting for free. you're basically saying that college football should be a semi-pro league and that's not what it's supposed to be about at all.

# 43 sunless @ 07/19/13 04:42 PM

Quote:

Originally Posted by robbel


	They bring in almost a billion dollars a year in large part due to student athletes.

nope

# 44 Beefmaster @ 07/19/13 04:58 PM

So, if O'Bannon does win, does the ruling go back to his college days? If so, then his amature status will the be revoked from that point right? Then the school could sue him to get any scholarship money back, the NBA/or his former team could sue to get money back because he wasn't an amature when he was drafted. Couldn't this, in turn, come back around to bite him back? I don't know about Oscar Robertson and other professionals at the time, but the ones saying they were amatures could be setting themselves up.

# 45 Ziza9Noles94 @ 07/19/13 05:16 PM

If the court case goes their way and players in college eventually get paid as basically semi-pro athletes, should they still receive full-ride scholarships, free room and board, travel stipends, etc? Or should whatever cut they get be enough? Will the players then have a responsibility to then go to class and major in say pre-law instead of Athletic Sciences, Journalism instead of Earth Sciences? The rules for what is and isn't an amateur athlete will have to be rewritten. As will how scholarships are awarded to athletes who with a new salary/compensation system won't exactly be at-need anymore. Just some thoughts. I think they deserve something, but then other things should be re-allocated to students there to learn who actually could use the help.

# 46 Kaiser Wilhelm @ 07/19/13 05:36 PM

Quote:

Originally Posted by Ziza9Noles94


	If the court case goes their way and players in college eventually get paid as basically semi-pro athletes, should they still receive full-ride scholarships, free room and board, travel stipends, etc? Or should whatever cut they get be enough? Will the players then have a responsibility to then go to class and major in say pre-law instead of Athletic Sciences, Journalism instead of Earth Sciences? The rules for what is and isn't an amateur athlete will have to be rewritten. As will how scholarships are awarded to athletes who with a new salary/compensation system won't exactly be at-need anymore. Just some thoughts. I think they deserve something, but then other things should be re-allocated to students there to learn who actually could use the help.

Choose between the scholarship, or it's monetary equivalent?

# 47 Lzydd @ 07/19/13 05:40 PM

Quote:

Originally Posted by Kaiser Wilhelm


	Choose between the scholarship, or it's monetary equivalent?

They should choose between the scholarship of X% of profits on merchandise sold. So Vince Young would make bank from "#10" jerseys sold while Joe Blow gets a free education.

# 48 Adibesee @ 07/19/13 06:02 PM

Quote:

Originally Posted by Lzydd


	They should choose between the scholarship of X% of profits on merchandise sold. So Vince Young would make bank from "#10" jerseys sold while Joe Blow gets a free education.

There's an issue with that logic. When my sister buys me a University of Michigan #20 jersey who gets the money, Mike Hart? What if a current player is wearing the same number? What if 20 just happens to be the number I wore in high school? How do you address all those various possibilities?

# 49 Lzydd @ 07/19/13 06:18 PM

Quote:

Originally Posted by Adibesee


	There's an issue with that logic. When my sister buys me a University of Michigan #20 jersey who gets the money, Mike Hart? What if a current player is wearing the same number? What if 20 just happens to be the number I wore in high school? How do you address all those various possibilities?

What year was the jersey made? This isn't really that complicated, unless you happen to believe it's a coincidence the number on jerseys produced each year matches the star player. Hell, UT put a 50% discount on Garrett Gilbert's jersey when he transferred. Secondly, what the hell difference does it make that you wore #20 in high school? Does Nike sit in their offices thinking "this dude wore a #20 jersey in high school, better make all Michigan jerseys that number"? smh

# 50 Adibesee @ 07/19/13 07:01 PM

Quote:

Originally Posted by Lzydd


	What year was the jersey made? This isn't really that complicated, unless you happen to believe it's a coincidence the number on jerseys produced each year matches the star player. Hell, UT put a 50% discount on Garrett Gilbert's jersey when he transferred. Secondly, what the hell difference does it make that you wore #20 in high school? Does Nike sit in their offices thinking "this dude wore a #20 jersey in high school, better make all Michigan jerseys that number"? smh

You clearly missed my point. So let me reiterate. She bought the jersey this year. She asked who my all-time favorite player was first but she just as easily could have asked what my favorite number is. My question is what player gets paid for that jersey? An even better example would be jersey #7 as several players in the history of football have worn that number. Just because I want a certain jersey number & and I buy it this year doesn’t mean I want it because of the 3rd string QB with the same number.

# 51 Cryolemon @ 07/19/13 07:37 PM

Quote:

Originally Posted by mjavon


	If it is determined that athletes deserve to be compensated for their likenesses being represented in a video game, who's to say they don't deserve to be compensated for all the other gains the NCAA has made using them? Do you guys think this case could be the straw that breaks the camel's (or the NCAA's) back?

That's the major point in this case imho (and probably why they'll lose that part of the case).

# 52 Cryolemon @ 07/19/13 07:45 PM

Quote:

Originally Posted by lord_mike


	They do. That doesn't mean it's legal.

If it was voluntary and allowed the School / NCAA to use their name and likeness for anything (legal) they liked for the duration of the person's time at the school then it would be legal (although how many would sign it is up for question, some would if it meant their name being in a video game, for example, for sure)

# 53 loccdogg26 @ 07/19/13 11:32 PM

Quote:

Originally Posted by Adibesee


	There's an issue with that logic. When my sister buys me a University of Michigan #20 jersey who gets the money, Mike Hart? What if a current player is wearing the same number? What if 20 just happens to be the number I wore in high school? How do you address all those various possibilities?

That's a good question. I bought a Michigan #2 away jersey (the years that Cato June wore that number). On the price tag it said Mich away jersey C. Woodson. I still have it to this day.

# 54 moneal2001 @ 07/20/13 12:01 AM

Quote:

Originally Posted by Adibesee


	You clearly missed my point. So let me reiterate. She bought the jersey this year. She asked who my all-time favorite player was first but she just as easily could have asked what my favorite number is. My question is what player gets paid for that jersey? An even better example would be jersey #7 as several players in the history of football have worn that number. Just because I want a certain jersey number & and I buy it this year doesn’t mean I want it because of the 3rd string QB with the same number.

its easy to solve that problem. The % goes to the player who wore it during the year it was bought. you are gonna see more jerseys for star player's retired if this starts happening anyway.

# 55 Greenevol @ 07/20/13 12:49 AM

Why do I get the feeling that this is going to drag on for 6 more years at least.

And in the end, they'll settle out of court of some gigantic amount, of which the players will each get a check for $1.67 and the lawyers will walk away with $198 million, and the only losers in this will be the fans who just keep lining up to be crapped on.

# 56 MBrock1974 @ 07/20/13 12:10 PM

Quote:

Originally Posted by Adibesee


	You clearly missed my point. So let me reiterate. She bought the jersey this year. She asked who my all-time favorite player was first but she just as easily could have asked what my favorite number is. My question is what player gets paid for that jersey? An even better example would be jersey #7 as several players in the history of football have worn that number. Just because I want a certain jersey number & and I buy it this year doesn’t mean I want it because of the 3rd string QB with the same number.

It isn't complicated at all. If the player is getting a cut from the sale of the jersey, the player's name will be on the jersey. They won't have to just use numbers.
The same goes for the video games. If players are compensated, they can put their real names on the rosters.

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