Lawsuit against EA/NCAA over player likeness

[keyser soze]

How is this any different then the NCAA and schools selling jersey's with names on them? Or is that illegal as well?

[JBHuskers]

How is this any different then the NCAA and schools selling jersey's with names on them? Or is that illegal as well?

They sell jerseys with names on them? All college jerseys that are sold around here don't.

[SmoothPancakes]

They sell jerseys with names on them? All college jerseys that are sold around here don't.

Yeah, I have never seen a college jersey sold anywhere around here with names on them. If someone wanted to, I suppose they could personally go to someplace and have a name sewn on by a professional, but I have never seen a jersey sold with names.

[JeffHCross]

I'm not really sure what you're talking about here, however, if another suit affects your suit that doesn't give you the right to appeal.

It doesn't give you the right, true. But I was assuming they would appeal anyway, and they could use the allowance of the Keller case to move forward in their appeal.

[CLW]

The Rutgers case really won't have any impact on the Keller case (or at least it doesn't have to). Both cases are at the trial court level. The Rutgers case can be appealed. Since the cases are in entirely different Federal Circuits even an appellate decision in the Rutgers decision in favor (or against) EA wouldn't necessarily be binding on the judge in CA either.

Will/could EA use this NJ opinion in CA? Yes. However, it is merely persuasive authority aka the Judge in CA can follow that opinion or just completely ignore it or say that opinion was/is wrong.

[cdj]

EA's request to dismiss a class action lawsuit from former NCAA athletes has been denied, meaning the trial will move forward.

The former NCAA athletes claim EA conspired with the NCAA and the CLC to have players sign away their likenesses and names to be used in video games without compensation. The players allege that in order to participate in NCAA sports they were required to sign a form allowing EA their likenesses in games, even after their college sports careers ended.

The federal judge previously dismissed other claims in the lawsuit, but denied EA's attempt to have an antitrust claim thrown out.

Courtesy: Joystiq

[Little Steve]

I'd be happy if i was in the college basketball game. I'd say, Hey look theirs me! That one white guy siting on the bench! No im not the waterboy!!! I'd played, ok well praticed.

[JeffHCross]

I believe the majority of players are in favor of their likeness being used, but there's always a minority as well. I do some have issues with the NCAA's ability to use a player's likeness perpetually, though there are also times when I think the NCAA is completely in their right.

[CLW]

I believe the majority of players are in favor of their likeness being used, but there's always a minority as well. I do some have issues with the NCAA's ability to use a player's likeness perpetually, though there are also times when I think the NCAA is completely in their right.

Your right most players don't care at all. However, the Sam Kellers (aka losers who didn't pan out in the pros and didn't take their FREE education seriously) of the world can easily ruin it for everyone.

Class action lawsuits do not require the "Tim Tebows" (the players that don't care) to sue EA. Rather, Sam Keller "sues on their behalf" as a representative sample of the class. Of course Tebow et al. can opt out and not sue EA but very few people even read the junk mail notice they receive when a class is certified by the Court.

EA is going to lose this case at trial as the Plaintiffs' lawyers intentionally picked VERY liberal venues to get a jury full of "commies". Their only chance is to make as many issues as possible for appeal. Lose at the 9th Circuit to the whores to the plaintiffs bar there and hope the Supreme Court takes the case.

[Little Steve]

Your right most players don't care at all. However, the Sam Kellers (aka losers who didn't pan out in the pros and didn't take their FREE education seriously) of the world can easily ruin it for everyone.

Class action lawsuits do not require the "Tim Tebows" (the players that don't care) to sue EA. Rather, Sam Keller "sues on their behalf" as a representative sample of the class. Of course Tebow et al. can opt out and not sue EA but very few people even read the junk mail notice they receive when a class is certified by the Court.

EA is going to lose this case at trial as the Plaintiffs' lawyers intentionally picked VERY liberal venues to get a jury full of "commies". Their only chance is to make as many issues as possible for appeal. Lose at the 9th Circuit to the whores to the plaintiffs bar there and hope the Supreme Court takes the case.

Your in Houston and u like duke?

[JeffHCross]

CLW: Well, yeah. Duh

Though watch it with the liberal = stupid enough to fall for this

Your in Houston and u like duke?

Yeah ... and I'm in DC and like Ohio State. People move.

[SmoothPancakes]

CLW: Well, yeah. Duh

Though watch it with the liberal = stupid enough to fall for this

Yeah ... and I'm in DC and like Ohio State. People move.

And I'm in Ohio and like Navy and Denver (and have become a part-fan of Florida International), along with all the professional teams in Colorado/Denver.

[baseballplyrmvp]

since when did the individuals become greater than the university though? when the kids put that jersey on, they're a representative of the school. so in that aspect, the individual player likenesses are irrelevant, as ea already has permission from each school and the license to make a college football game from the ncaa. awarding the lawsuit to the former players says that the player's likeness is above the university they play for, and in turn, above the ncaa.

Class action lawsuits do not require the "Tim Tebows" (the players that don't care) to sue EA. Rather, Sam Keller "sues on their behalf" as a representative sample of the class. Of course Tebow et al. can opt out and not sue EA but very few people even read the junk mail notice they receive when a class is certified by the Court.

the same argument can also be made though, that the loser players could have opted out to not have their likenesses in the game. sam keller knew a similar virtual presense of him was going to be in ncaa football....hell, he probably even played as himself in the game...... yet he did nothing about it until he was out of school.

[SmoothPancakes]

since when did the individuals become greater than the university though? when the kids put that jersey on, they're a representative of the school. so in that aspect, the individual player likenesses are irrelevant, as ea already has permission from each school and the license to make a college football game from the ncaa. awarding the lawsuit to the former players says that the player's likeness is above the university they play for, and in turn, above the ncaa.



the same argument can also be made though, that the loser players could have opted out to not have their likenesses in the game. sam keller knew a similar virtual presense of him was going to be in ncaa football....hell, he probably even played as himself in the game...... yet he did nothing about it until he was out of school, failed to find success in the NFL and eventually ended up broke and in search of money.

Fixed it for you.

[Little Steve]

How does all this affect 13?

[JeffHCross]

How does all this affect 13?

It's extremely unlikely that this case is going to get decided anytime soon, IMO. In the theoretical case where it was decided, let's say the day before 13 releases, then the plaintiffs could ask for EA to be prevented to release 13. I'm not sure that would happen, namely because I'm not sure if Keller's "class" (that the suit is on behalf of) included current players, or just former players. If it includes current, then it's likely that they would ask for 13 to be prevented from being sold.

Though, again, IMO it's unlikely this gets decided before then. It's more likely that whatever happens in this case will affect 14, or maybe even not until 15.

[baseballplyrmvp]

Added onto it for you.

now your's is fixed. lol

[SmoothPancakes]

now your's is fixed. lol

Semantics.

[Little Steve]

It's extremely unlikely that this case is going to get decided anytime soon, IMO. In the theoretical case where it was decided, let's say the day before 13 releases, then the plaintiffs could ask for EA to be prevented to release 13. I'm not sure that would happen, namely because I'm not sure if Keller's "class" (that the suit is on behalf of) included current players, or just former players. If it includes current, then it's likely that they would ask for 13 to be prevented from being sold.

Though, again, IMO it's unlikely this gets decided before then. It's more likely that whatever happens in this case will affect 14, or maybe even not until 15.

Not really concerend with 14. I'll be fighting for playing time in a jr college next year. I dough(doubt)t they'd win either, every college does it. Ever watch the Michigen freshmen 5 thing on espn? nike socks, billboards, ect. made alot of money off them.

[ram29jackson]

..thats why most players dont care..they are happy with all the under the table stuff they get LOL