• More Fallout from EA Likeness Settlement

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    cdj
    Published on 10-06-2013 09:36 AM
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    Following the cancellation of a college sports title from EA SPORTS for 2014 - and likely indefinitely - there has been no shortage of news, albeit expected or bizarre. Here is a quick rundown of what has transpired since then.

    Continue on to read the full article.

    - Kotaku: The NCAA Football development team was 'blindsided' by this news and were hard at work on College Football 15 when the cancellation came down. Some NCAA staffers were moved to Madden, while others (from NCAA & Madden) were let go.

    - The lawyers for the plaintiffs never intended for EA to quit making NCAA Football games. Terms of the settlement did NOT include any language preventing EA from publishing the game or future name, image, or likeness usage. The Lanier Law Firm did announce that "based on this settlement and other recent court rulings, EA Sports has agreed to change the way it develops future games featuring NCAA athletes in order to protect the rights to their likenesses."

    - Friday night, TGT's cdj joined pastapadre & Rich Grisham on the Press Row Hangout to discuss the cancellation of NCAA Football.

    - Despite the cancellation, EA SPORTS has continued to be active on the NCAA Football Twitter & Facebook accounts. The company has even begun to market the cancellation, telling customers to "Get It Before It's Gone" via their official product webpage and dynamic banner images in various EA SPORTS titles, including Tiger Woods PGA TOUR.


    - Following the settlement, one of the litigants (Ryan Hart, Rutgers) ceased communication with the legal team and retained new counsel. However, there is concern that some of his requests "would be contrary to law and would breach (their) fiduciary duties to the class as a whole." In the Friday night filing, the legal team stated that Hart "has chosen not to communicate" with them. Instead, they wrote, Hart "has communicated information … through his father-in-law indicating that Hart's narrow personal interests now conflict with the absent class members and that he no longer adequately represents the class as a whole."
    1. Categories:
    2. EA SPORTS,
    3. NCAA Football 14
    Tags: ea sports
    Comments 67 Comments
    1. CLW's Avatar
      CLW - 11-09-2013, 07:29 AM
      Judge grants class certification to challenge NCAA amateurism rules but doesn't grant class status to challenge use of likeness.

      http://www.usatoday.com/story/sports...urism/3479501/


      Apparently EA ended the NCAA series and settled for NOTHING.
    1. Rudy's Avatar
      Rudy - 11-09-2013, 06:15 PM
      EA could always bring back the series for next gen but I'm assuming it might take awhile to finish the NCAA lawsuit. How long before they get that thing wrapped up? A year?
    1. CLW's Avatar
      CLW - 11-09-2013, 06:25 PM
      Quote Originally Posted by Rudy View Post
      EA could always bring back the series for next gen but I'm assuming it might take awhile to finish the NCAA lawsuit. How long before they get that thing wrapped up? A year?
      Nope. They settled and so if/when they bring it back they simply get sued again by the current players for another likeness lawsuit. EA has already shown it doesn't have the will to fight the lawsuit so they would have to settle again and again and again or go to trial.

      The ONLY hope of a college series returning is: (1) NCAA allows players to be paid or; (2) NCAA collapses and/or Schools leave it and form new league where players can be paid for use in video games.

      As far as the lawsuit the thing could languish for years. The NCAA could either appeal now on class certification or wait and see how it plays out to a jury and appeal at the end. Most defendants always appeal every chance they get (especially when they are facing a liberal/plaintiff friendly trial judge).

      Federal Rules of Civil Procedure permit an appeal of the class action certification decision by the trial court but it is discretionary. 9th circuit is VERY liberal and very class action friendly and they know if they grant and the SCOTUS takes the case later its almost a guaranteed reversal (something like 80% of 9th circuit cases that are taken by SCOTUS are reversed)

      Therefore my guess is: NCAA tries to appeal class certification now; 9th Circuit denies request; NCAA litigates all the way to trial (1-2 more years); NCAA appeals if loses all the way up to SCOTUS (1-2 years). I'd need to read the judge's opinion but the SCOTUS hasn't looked kindly on class actions recently and could reverse that decision.

      If that happens it goes back down to the trial court and the thing starts all over again new with the named Plaintiffs (O'Bannon, Keller, etc...) and the individual Plaintiffs could also sue the NCAA in theory as well.
    1. Rudy's Avatar
      Rudy - 11-20-2013, 07:15 PM
      Now the NCAA is suing EA over their settlement.

      http://www.polygon.com/2013/11/20/51...udent-athletes
    1. CLW's Avatar
      CLW - 11-21-2013, 06:30 AM
    1. SCClassof93's Avatar
      SCClassof93 - 11-21-2013, 07:33 AM
    1. souljahbill's Avatar
      souljahbill - 11-21-2013, 09:35 AM
      Quote Originally Posted by CLW View Post
      Analysis please.
    1. CLW's Avatar
      CLW - 11-21-2013, 09:54 PM
      Quote Originally Posted by souljahbill View Post
      Analysis please.
      EA's going to be writing ANOTHER large check. Haven't seen the actual complaint but I suspect claims by the NCAA against EA for: (1) Breach of Contract; (2) Negligence; (3) Contribution; (4) Indemnification; etc....

      I wouldn't be surprised if somewhere snuck in the NCAA/EA contract was a clause which basically says EA will protect NCAA from any all damages/lawsuit against it due to EA's actions. That's a pretty standard "feature" and its in lots of contracts.

      IF that is in fact the case EA would be on the hook for ALL of the NCAA's attorneys fees in the litigation + any/all damages awards Keller et al. receive.

      Basically the NCAA is PISSED EA "sold out" with a settlement so they are going to make them pay more to buy their peace.
    1. GatorfanStovy's Avatar
      GatorfanStovy - 11-22-2013, 11:27 PM
      Good for NCAA kick Ea in the butt for not let any one else make a college football game...
    1. SmoothPancakes's Avatar
      SmoothPancakes - 11-22-2013, 11:54 PM
    1. Rudy's Avatar
      Rudy - 11-23-2013, 04:17 AM
      Quote Originally Posted by GatorfanStovy View Post
      Good for NCAA kick Ea in the butt for not let any one else make a college football game...
      2K stopped making football games because they weren't making money. Unlike the NFL there was no exclusive to cause that. Is it EA's fault that 2K quit making college basketball too? It's all about the money in this case or the lack of it.
    1. SmoothPancakes's Avatar
      SmoothPancakes - 11-23-2013, 05:24 AM
      Quote Originally Posted by Rudy View Post
      2K stopped making football games because they weren't making money. Unlike the NFL there was no exclusive to cause that. Is it EA's fault that 2K quit making college basketball too? It's all about the money in this case or the lack of it.
      Yep, just look at college basketball. We had College Hoops (2K) and NCAA Basketball (EA). 2K bailed out after CH2K8, EA eventually bailed out after NCAA Basketball 10. With NCAA Football dead in the water and Madden no longer allowed to be an exclusive license for however long (or whatever the exact terms are), I don't see 2K bothering to lift a finger for those sports/licenses. Hell, 2K is dumping a lot of things. They dumped MLB 2K (which I will say it needed to happen). I can't say for sure, but I think NBA 2K is their only remaining sports franchise. Otherwise, they are moving 100% full focus towards original IPs to develop in the future.
    1. souljahbill's Avatar
      souljahbill - 11-23-2013, 11:11 AM
      Quote Originally Posted by SmoothPancakes View Post
      Yep, just look at college basketball. We had College Hoops (2K) and NCAA Basketball (EA). 2K bailed out after CH2K8, EA eventually bailed out after NCAA Basketball 10. With NCAA Football dead in the water and Madden no longer allowed to be an exclusive license for however long (or whatever the exact terms are), I don't see 2K bothering to lift a finger for those sports/licenses. Hell, 2K is dumping a lot of things. They dumped MLB 2K (which I will say it needed to happen). I can't say for sure, but I think NBA 2K is their only remaining sports franchise. Otherwise, they are moving 100% full focus towards original IPs to develop in the future.
      They have the WWE now.
    1. SmoothPancakes's Avatar
      SmoothPancakes - 11-23-2013, 11:49 AM
      Quote Originally Posted by souljahbill View Post
      They have the WWE now.
      Ah, that's right. But overall, they have shrunk their sports offerings. NFL 2K, NHL 2K, MLB 2K, College Hoops 2K, all gone. No one is going to touch college football with a 10 foot pole in the near future with all this lawsuit shit. College basketball, they were already doing it and walked away. If anyone else was going to do it, they've had 3-4 years to do so. It's pretty much the same as college football, no one is going to touch with a 10 foot pole due to the lawsuit issues..
    1. souljahbill's Avatar
      souljahbill - 11-23-2013, 12:03 PM
      Man, I'd buy a next-gen system next summer if there was a new NCAA game for it. So disappointing. Man, do I wish EA had just went with the super generic rosters from the beginning.
    1. SmoothPancakes's Avatar
      SmoothPancakes - 11-23-2013, 12:14 PM
      Quote Originally Posted by souljahbill View Post
      Man, I'd buy a next-gen system next summer if there was a new NCAA game for it. So disappointing. Man, do I wish EA had just went with the super generic rosters from the beginning.
      Yeah, I would have loved to see what EA could do on these systems. My brief couple hours with Forza 5 and Dead Rising 3 on the Xbox One yesterday, a PS4/Xbox One NCAA Football would have been amazing. They could have started from the ground up on gameplay so they could have actually eliminated some of those goddamn legacy issues and gotten things corrected to how they should be. And if they had given the crowds and stadiums an overhaul, sweet Jesus, just imagining how great the stadiums and crowds could have looked with a next-gen NCAA.
    1. Rudy's Avatar
      Rudy - 11-23-2013, 12:47 PM
      Quote Originally Posted by souljahbill View Post
      Man, I'd buy a next-gen system next summer if there was a new NCAA game for it. So disappointing. Man, do I wish EA had just went with the super generic rosters from the beginning.
      That' same tough thing to say in hindsight though. The EA devs have always felt the sales were hurt by a lack of authentic rosters so they wanted them as accurate possible. I think they could have done so much more to help us with the rosters. Have a roster vault with ratings and search engines. Release generic rosters BUT have a PC editor to allow easy player edits. Imagine if a roster was a simple database where you could make mass edits through merging or code? I know Adam Thompson floated the idea of a PC editor a few years ago but it never happened.
    1. souljahbill's Avatar
      souljahbill - 11-23-2013, 01:13 PM
      Quote Originally Posted by Rudy View Post
      That' same tough thing to say in hindsight though. The EA devs have always felt the sales were hurt by a lack of authentic rosters so they wanted them as accurate possible. I think they could have done so much more to help us with the rosters. Have a roster vault with ratings and search engines. Release generic rosters BUT have a PC editor to allow easy player edits. Imagine if a roster was a simple database where you could make mass edits through merging or code? I know Adam Thompson floated the idea of a PC editor a few years ago but it never happened.
      If I played online, I may see things differently but when I play NCAA, I'm playing because I like the school, not necessarily the players. Because of the high roster turnover, I don't get attached to players. I definitely appreciate them but I love playing as the school far more than repping some player.
    1. jaymo76's Avatar
      jaymo76 - 11-23-2013, 01:17 PM
      Quote Originally Posted by SmoothPancakes View Post
      Yeah, I would have loved to see what EA could do on these systems. My brief couple hours with Forza 5 and Dead Rising 3 on the Xbox One yesterday, a PS4/Xbox One NCAA Football would have been amazing. They could have started from the ground up on gameplay so they could have actually eliminated some of those goddamn legacy issues and gotten things corrected to how they should be. And if they had given the crowds and stadiums an overhaul, sweet Jesus, just imagining how great the stadiums and crowds could have looked with a next-gen NCAA.
      Quote Originally Posted by souljahbill View Post
      Man, I'd buy a next-gen system next summer if there was a new NCAA game for it. So disappointing. Man, do I wish EA had just went with the super generic rosters from the beginning.
      Quote Originally Posted by Rudy View Post
      That' same tough thing to say in hindsight though. The EA devs have always felt the sales were hurt by a lack of authentic rosters so they wanted them as accurate possible. I think they could have done so much more to help us with the rosters. Have a roster vault with ratings and search engines. Release generic rosters BUT have a PC editor to allow easy player edits. Imagine if a roster was a simple database where you could make mass edits through merging or code? I know Adam Thompson floated the idea of a PC editor a few years ago but it never happened.

      I absolutely LOVE the ps4 experience. Last night I was imagining watching all you guys stream to twitch and all of us having running commentary about it. It would have been a blast. Count me in as a person who would have been 100% okay with generic rosters. I play a lot of seasons anyways so the rosters will be 100% false within 4-5 seasons. To me this has never been an issue. This NCAA 14 I didn't even wait for rosters I just started playing... it didn't impact me in the least.
    1. Stan HAMsen's Avatar
      Stan HAMsen - 11-23-2013, 02:45 PM
      Quote Originally Posted by souljahbill View Post
      I definitely appreciate them but I love playing as the school far more than repping some player.
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