This is a "you problem"Originally Posted by Rudy
This is a "you problem"
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.
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.
Now the NCAA is suing EA over their settlement.
http://www.polygon.com/2013/11/20/51...udent-athletes
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.
Last edited by CLW; 11-21-2013 at 09:56 PM.
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.
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.
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..
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.
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.
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.
Posting Permissions
Reply With Quote
Bookmarks