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With the EA/CLC settlement completed and many on the EA Sports NCAA team blindsided without a job, the money-grabbing lawyers have finally chimed in with a few things to say.

Quote:
"We would've been happy to have the game go forward. It was never our intent to not have this game [continue]...

"That's not us. We didn't tell them to do that," said Aragon, when asked to comment on EA's cancellation of next year's college football title. "We would be fine if they published a game."

"There's nothing stopping [EA] from making the game, so long as they don't use players' names, images or likenesses. Or [they could] pay the students, which they didn't really agree to..."

Source - Lawyers never intended for EA to stop making NCAA Football games (Polygon)

Member Comments
# 1 cparrish @ 10/05/13 11:16 AM
"There's nothing stopping [EA] from making the game, so long as they don't use players' names, images or likenesses."

Well since EA has never used any players names or images in their games, I am guessing player likeness is the key and to honestly avoid that, I am guessing EA would have to make all the players green, but then we might be getting lawsuits from someone who lives off on another planet.
 
# 2 jd@os @ 10/05/13 11:20 AM
Yeah, and God never intended for chocolate to make us fat, but hey.....


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# 3 Foots @ 10/05/13 11:32 AM
I'm pretty sure they intended for EA to continue making the game, so long as someone got paid.

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# 4 bkrich83 @ 10/05/13 12:11 PM
Typical money grab, only the only people who made any money in this fiasco were the lawyers.
 
# 5 hazey @ 10/05/13 12:29 PM
Quote:
Originally Posted by cparrish
"There's nothing stopping [EA] from making the game, so long as they don't use players' names, images or likenesses."

Well since EA has never used any players names or images in their games, I am guessing player likeness is the key and to honestly avoid that, I am guessing EA would have to make all the players green, but then we might be getting lawsuits from someone who lives off on another planet.

Not to mention that conferences, and also a good majority of schools themselves, said they would not allow EA to use their brand.

The best EA could have done was created a generic college football game with generic teams and conferences, and we all know how that would have worked.
 
# 6 Foots @ 10/05/13 01:17 PM
It would be nice if those guys that were fired would take their ideas to another company to develop a fully customizable college football game. Its a possibility as long as there are no player likenesses.

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# 7 Iceman87GT @ 10/05/13 01:46 PM
Quote:
Originally Posted by Foots
It would be nice if those guys that were fired would take their ideas to another company to develop a fully customizable college football game. Its a possibility as long as there are no player likenesses.

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There is no one with the resources or willingness to do that currently.

They wouldn't have the NCAA they wouldn't have the SEC, Pac-12, or the B1G. They wouldn't have a reportedly major team (Ohio State was rumored to be the school), and because they wouldn't have an existing deal they would lose a lot more teams (the existing agreement the CLC had required all but a single school to lend their likeness, with that deal no longer in play many more schools would be able to pull their stuff from the game).

Truth is the Lawyers really didn't want to put an end to the game, however the game was the first step in going after money for players. Next up are the TV deals, EA's game is just collateral damage. It's annoying as hell, especially if they were going to get the level of customization that has been reported to have been in the works. Hopefully we can get a game in 2015.
 
# 8 RandyBass @ 10/05/13 02:11 PM
Quote:
Originally Posted by nortobc
If the defendant lawyers "didn't intend" EA to stop making the game they wouldn't have put it in the lawsuit.
?

The ignorance of this site continues to amaze me. Please point to the part of the lawsuit where it says they have to stop making a college football game.

And, typical money grab? Yeah, because there are so many lawyers out there looking to cash in on this ever present issue of using someone's likeness without their permission. SMGDMFH.

EA could have easily protected themselves by not blatantly trying to skirt the rule of law, but instead they were reckless and foolish and are now paying the price. The only ones to be mad at here are EA for being so dumb, and probably the NCAA as well for apparently turning and looking the other way while all this was going on.
 
# 9 bkrich83 @ 10/05/13 04:19 PM
Quote:
Originally Posted by RandyBass
?

The ignorance of this site continues to amaze me. Please point to the part of the lawsuit where it says they have to stop making a college football game.

And, typical money grab? Yeah, because there are so many lawyers out there looking to cash in on this ever present issue of using someone's likeness without their permission. SMGDMFH.

EA could have easily protected themselves by not blatantly trying to skirt the rule of law, but instead they were reckless and foolish and are now paying the price. The only ones to be mad at here are EA for being so dumb, and probably the NCAA as well for apparently turning and looking the other way while all this was going on.
So tell me then, who profited financially the most here? It certainly wasn't the players/plaintiffs.

The EA/NCAA didn't use anyone's likeness without their permission. The players signed that away when they accepted their scholarhip, literally.

As far as EA skirting the law, might want to read up on the law. What law exactly did they skirt?

Ignorance? Hello kettle, you're black.

EA's not making college football, because quite simply, given the numbers it generates, it simply not worth the effort or the risk of potential nuisance lawsuits in the future. Not to mention all of the Conferences, and the NCAA itself refusing to license their IP's
 
# 10 da ThRONe @ 10/05/13 05:09 PM
Quote:
Originally Posted by bkrich83
So tell me then, who profited financially the most here? It certainly wasn't the players/plaintiffs.

The EA/NCAA didn't use anyone's likeness without their permission. The players signed that away when they accepted their scholarhip, literally.

As far as EA skirting the law, might want to read up on the law. What law exactly did they skirt?

Ignorance? Hello kettle, you're black.

EA's not making college football, because quite simply, given the numbers it generates, it simply not worth the effort or the risk of potential nuisance lawsuits in the future. Not to mention all of the Conferences, and the NCAA itself refusing to license their IP's
This laterally makes no sense. Why in the world would EA agree to a settlement of any kind if they are 100% in the right? They have million dollar lawyers as well. Clearly those million dollar lawyers thought the settlement was the best option for a reason. And it's not because EA just love giving money away.
 
# 11 prowler @ 10/05/13 05:31 PM
Quote:
Originally Posted by RandyBass
?

The ignorance of this site continues to amaze me. Please point to the part of the lawsuit where it says they have to stop making a college football game.

And, typical money grab? Yeah, because there are so many lawyers out there looking to cash in on this ever present issue of using someone's likeness without their permission. SMGDMFH.

EA could have easily protected themselves by not blatantly trying to skirt the rule of law, but instead they were reckless and foolish and are now paying the price. The only ones to be mad at here are EA for being so dumb, and probably the NCAA as well for apparently turning and looking the other way while all this was going on.
This right here. We can pretend all we want that EA didn't use player likeness but they've already settled with the players so it's a moot issue.

EA should have released a purely generic roster where every team had the same amount of players at each position who were all 6' 160 pounds and done a better job of nudging gamers to the roster share feature.

Every year THQ (and now 2K) released a WWE game with an online feature that allows people to download tons of player created unlicensed, non-WWE wrestlers who look and act just like their real life counterparts. I have yet to see a former wrestler file a lawsuit.

It might not have been the best alternative but who is Sam Keller going to sue if rosters are modified after the game ships.
 
# 12 reyes the roof @ 10/05/13 05:54 PM
Quote:
Originally Posted by prowler
This right here. We can pretend all we want that EA didn't use player likeness but they've already settled with the players so it's a moot issue.

EA should have released a purely generic roster where every team had the same amount of players at each position who were all 6' 160 pounds and done a better job of nudging gamers to the roster share feature.

Every year THQ (and now 2K) released a WWE game with an online feature that allows people to download tons of player created unlicensed, non-WWE wrestlers who look and act just like their real life counterparts. I have yet to see a former wrestler file a lawsuit.

It might not have been the best alternative but who is Sam Keller going to sue if rosters are modified after the game ships.

They wouldn't have even needed to go that far, just completely randomize the players sort of like The Show does with all the minor leaguers. The thing about NCAA that is different from other sports games is that once you are five seasons in, all of the players are fake anyway, so I'd have no problem playing with fake players from day 1. And with the roster share feature I'm sure the community could put together fully named accurate rosters within a month of the game being released like with The Show
 
# 13 BenGerman @ 10/05/13 06:09 PM
I've said it before, and I'll say it again: as soon as all of these money-makers stop throwing a hissy fit and playing the blame game, we will see a college football game again.
 
# 14 Mr. Awesome2103 @ 10/05/13 06:24 PM
What are the chances that another college video game, weather it be football, basketball, etc. be made in the future? Maybe even by another company such as 2K Sports.
 
# 15 bcruise @ 10/05/13 06:30 PM
Quote:
Originally Posted by BenGerman
I've said it before, and I'll say it again: as soon as all of these money-makers stop throwing a hissy fit and playing the blame game, we will see a college football game again.
Which, judging by how long it's been since we've seen a College Basketball game actually released, could be a very long time.

Different circumstances there, but nobody's been in a rush to bring that back, either. Nor will they be after this mess.
 
# 16 GlennN @ 10/05/13 06:52 PM
EA was using the players' likenesses without paying, and now they would have to pay. EA declined to pay the players and instead cancelled the series. And folks blame the players' lawyers for wanting to be paid for EA using their likenesses? What do you think would happen if EA (or any company) wanted to make an NFL or NBA game and decided to do it using players' likenesses without getting the rights? EA made a business decision, which I understand, but the blame here is on EA. Don't steal players' likenesses for your own profits and the lawyers won't sue you.
 
# 17 BadAssHskr @ 10/05/13 07:28 PM
Quote:
Originally Posted by JerseySuave4
If you don't think EA was using player's likenesses then you are clueless. When DE #7 on South Carolina is the same height, weight, position, race as Clowney, it's pretty blatant that it's his likeness. Just because they don't use his name doesn't mean it's not his likeness.

And those calling this a money grab are just pissed that EA isn't making the game anymore. This is not just about EA or video games, this issue is not over. This is about college kids getting suspended because they sign their own name on something while the school bookstore sells t-shirts with their picture and number all over it. It's about the fact that college football is a billion dollar industry but the players aren't seeing a dime unless they do so illegally. And yes MOST (not all) receive scholarships to pay for books, tuition, etc. but unlike other students who can go have a job to have some spending cash, these players are required to attend meetings and weight lifting, film study, etc. so they aren't able to work like others can.

If EA didn't feel they did something wrong then they wouldn't have thought settling and ultimately ending the series would be the best decision.
I cant even think of 1 other devensive end thats black, 6'4, and 275lbs.
 
# 18 Iceman87GT @ 10/05/13 08:10 PM
Quote:
Originally Posted by Mr. Awesome2103
What are the chances that another college video game, weather it be football, basketball, etc. be made in the future? Maybe even by another company such as 2K Sports.
0 chance, not until the NCAA adjusts their policies. The best we can hope for is that EA will resume the game in 2015, but a lot will have to happen between now and then.

No other company could pull it off, as there is no existing contract and any contracts that would be drawn up would be missing a lot of schools and conferences (the only reason why only 1 school was going to be missing from CFB 15 was because of an existing contract prevented others from pulling their IPs).
 
# 19 bkrich83 @ 10/05/13 10:16 PM
Quote:
Originally Posted by da ThRONe
This laterally makes no sense. Why in the world would EA agree to a settlement of any kind if they are 100% in the right? They have million dollar lawyers as well. Clearly those million dollar lawyers thought the settlement was the best option for a reason. And it's not because EA just love giving money away.
I am not so sure what is so hard to understand?
 
# 20 bkrich83 @ 10/05/13 10:21 PM
Quote:
Originally Posted by RedSoxFox7
You might want to read up on the law yourself. EA, the CLC, and the NCAA have been using intellectual property without permission for years.

The players absolutely did not sign away the rights to their own image when they accepted their scholarships.

The NCAA's prohibition against players earning money is in no way even remotely equivalent to the players granting the NCAA the rights to profit from their likenesses.
What IPs?

Actually they do sign a waiver allowing the NCAA to use their likeness unfettered, that's the point of the case as I understand. The case being made against the NCAA is actually an anti-trust argument. Their argument is that the NCAA forcing them to sign away their likeness rights while playing college athletics is a violation of the Sherman Act because it artificially drives down the value of their likeness to $0. At least thats how I read the O'Bannon case.

Not sure what likeness rights have to do with Intellectual Properties.
 

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