EA Sued

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darkewaffle

Diamond Member
Oct 7, 2005
8,152
1
81
"Well boys, this has been real educational and all, but now let's part with that old EA Sports sayin': "Get the f--k out of my buildin'!" :D

And they're still not as bad/evil as Ubisoft. :p

I think the athletes have a case though. If it's a first amendment thing, try putting Tom Cruise's likeness on a game without his consent and see what happens.
True, but nobody is going to put Tom Cruise's likeness in a game that isn't a game about a Tom Cruise movie. In the same way, nobody is going to make a game just about college player XYZ.

When Cruise signs onto a movie, he presumably has a contractual clause relating to his share of the profits from the movie's game or the movie's merchandise or secondary goods, whatever.

In the same way, when a player agrees to play in the NCAA (I assume there's some sort of contract or agreement between the player and them) I think it's between the player and the NCAA to determine the terms of use of their basketball image. If the players are unhappy with the deal they made with the NCAA then I don't think it's EA's problem.

It's really easy to shit on EA because you like to, but they have the NCAA license and they went through the proper legal channels. I think they're in the clear here. In this case EA is the 'innocent consumer' who bought a bootleg and someone's trying to prosecute them for counterfeiting.

The underlying problem I think is with the NCAA and the players relationship; while most college students are basically functional retards I do think the way the NCAA denies them the fruits of their labor is unfair. Further, while I don't think their monopolistic position is illegal in itself, I do think the lack of player representation (or rather the lack of player accomodation) is abuse of it's position as the NCAA is really the one and only avenue to the NBA short of the few players who get picked up right out of HS. And hell, even some of them still enter college ball, basically denying themselves a ton of money and potential deals.

Players still benefit from the NCAA's advertising and facilities and scholarships and image, but that street goes both ways, the NCAA is nothing without it's players and in turn most of the players need the NCAA for the opportunities it presents. But I do think the players give more than they get.
 

cyphilis

Senior member
May 7, 2008
454
0
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UPDATE: An EA official downplayed the estimate.

"We could lose billions more if a giant meteor hits the earth," said EA spokesman Jeff Brown. "We're not planning for either outcome."


:rolleyes:
I have never wished testicle cancer on anyone before,.. but this Jeff Brown guy is at the top of my list if I had one. What a smart ass smarmy remark to make, after making billions off of unpaid college athletes.
 

sactoking

Diamond Member
Sep 24, 2007
7,366
2,457
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This is the Ed O'Bannon lawsuit, right? EA and the NCAA should be scared, the plaintiffs have a legitimate case.

Plaintiffs' case is twofold:
1. When a player graduates and is no longer an NCAA student-athlete their likenesses cannot be licensed by the NCAA and EA without express approval of the athlete. EA's college games often include "Hall of Fame" or "classic" type rosters which use the likeness and names of athletes not under the NCAA jurisdiction.
2. When a player is a NCAA student-athlete the NCAA usurps the player's likeness and name for profit in violation of Federal antitrust laws. This claim is more tenuous than the first, but if plaintiffs plead for royalties to be held in trust to be disbursed upon separation from an NCAA institution I would think they had a very legitimate complaint.
 

maniacalpha1-1

Diamond Member
Feb 7, 2010
3,562
14
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Won't the players also need to sue the NCAA so they CAN be compensated? If college athletes collect on this lawsuit, does that make them ineligible(read: Professionals) in the same way they would be if they had actually been compensated by EA?
 

Zargon

Lifer
Nov 3, 2009
12,240
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Won't the players also need to sue the NCAA so they CAN be compensated? If college athletes collect on this lawsuit, does that make them ineligible(read: Professionals) in the same way they would be if they had actually been compensated by EA?
yeah they would all get in trouble for taking $$$ and get the boot.

I hope the new pres cleans up the NCAA and Div 1 football like the says he wants to
 

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