Lawsuit against EA/NCAA over player likeness

[CLW]

EA claims it is only 25% accurate with its rosters.

http://www.al.com/sports/index.ssf/2...most_ncaa.html

[JeffHCross]

Good summary of the case and the next steps: http://www.sbnation.com/college-foot...-certification

[CLW]

Good summary of the case and the next steps: http://www.sbnation.com/college-foot...-certification

No need to wait. The Liberal trial judge will give Plaintiffs ANYTHING/EVERYTHING they ask for. 9th Circuit will shoot EA/NCAA down as well. EA/NCAA's only hope is to appeal to the Supreme Court.

[ram29jackson]

http://college-football.si.com/2013/...ncaa-football/

EA Sports used ex-Florida quarterback Tim Tebow’s name in its NCAA Football 10 video game, SB Nation reports. That installment of EA’s college football series was released in July 2009, the summer before Tebow’s senior season in Gainesville.

An SB Nation reader found Tebow’s name in the game within Florida’s playbook in a play called “Shotgun Twin QB Tebow – Motion Stay.” The formation was used by the Gators during Tebow’s career, which spanned from 2006-10.

The notion that EA Sports used Tebow’s name in a video game while Tebow was still a student-athlete adds an interesting wrinkle to an issue that has largely dominated the offseason. The Ed O’Bannon v. the NCAA lawsuit pits O’Bannon, a former UCLA basketball player, and others against college athletics’ governing body, EA Sports and College Licensing Company over an alleged violation of antitrust laws, specifically for using players’ likenesses in video games and other commercial items. If the plaintiffs succeed, the suit has the potential to completely redefine the premise of amateurism in college athletics.

[CLW]

http://college-football.si.com/2013/...ncaa-football/

That is a "smoking gun" as we call in the law. Of course, that assumes you buy the premise of the argument (which I don't). I think EA has a solid 1st Amendment argument as well as an argument that the Athletes waived their claims by signing a waiver to the NCAA.

Regardless said finding is NOT good for EA or the future of the series.

[baseballplyrmvp]

shouldnt matter all that much. this is only a name of a play. this has zero connection to the player's likeness claim

[JeffHCross]

shouldnt matter all that much. this is only a name of a play. this has zero connection to the player's likeness claim

In reality, I agree with you. But a lawyer could probably leverage it to make a convincing argument.

[CLW]

shouldnt matter all that much. this is only a name of a play. this has zero connection to the player's likeness claim

In reality, I agree with you. But a lawyer could probably leverage it to make a convincing argument.

It would depend on the state but actually the unauthorized use of a name for commercial gain is direct evidence of a "privacy" based tort in most/many states. I'd be shocked if it wasn't in California.

Moreover, it can be used to show/argue that EA's intent or mental state with regard to how it "treats" these athletes. It uses their likeness/images (evidence elsewhere) and they even use some of their names without permission and without compensating them.

A liberal San Francisco jury will likely punish EA and award punitive damages. That "Tebow" play is evidence than can be used to not only win but to receive punitive damages to punish EA/NCAA.

[TIMB0B]

I haven't read the case, but what are the plaintiffs seeking?

[steelerfan]

I haven't read the case, but what are the plaintiffs seeking?

$

I'm using Tapatalk 2 and the Cleveland Browns STILL suck.

[TIMB0B]

$

I'm using Tapatalk 2 and the Cleveland Browns STILL suck.

Hmm. I doubt Sam Keller helped EA make any money.

[Jayrah]

Hmm. I doubt Sam Keller helped EA make any money.

It goes a lot deeper than this, but Keller says that along with thousands of other student athletes over the years, EA has been portraying their likenesses and made most, if not all of their money on that.

[TIMB0B]

It goes a lot deeper than this, but Keller says that along with thousands of other student athletes over the years, EA has been portraying their likenesses and made most, if not all of their money on that.

Interesting. Maybe that's why EA introduced the Legends Mode; to show holes in the plaintiffs argument. Because that would be an example of someone buying a game because of an athlete. However, I never played one second of that mode, and I'm sure 99% of the gamers out there didn't buy the game because of past Heisman winners either.

[CLW]

Hmm. I doubt Sam Keller helped EA make any money.

Doesn't matter. If you buy Plaintiffs theory you cannot use another person's "likeness" (legal term) without their permission. However, your point is a decent one re: Keller's alleged damages. Thus, Plaintiffs' counsel knowing Keller et al. are bums are using a class action lawsuit (trying to represent every NCAA player) so they can increase the damages just by the sheer number of plaintiffs they represent.

[TIMB0B]

Doesn't matter. If you buy Plaintiffs theory you cannot use another person's "likeness" (legal term) without their permission. However, your point is a decent one re: Keller's alleged damages. Thus, Plaintiffs' counsel knowing Keller et al. are bums are using a class action lawsuit (trying to represent every NCAA player) so they can increase the damages just by the sheer number of plaintiffs they represent.

If they bring on too many in the suit, his cut of the money decreases. He better watch it.

What I want to know is, what will happen to the franchise if the plaintiffs win? Will they still create the game, but make all of the players the same size, race, and number? I think with the gaming community putting out rosters every year, the game will be fine for us, but will the casual gamer be upset without some sort of accurate default rosters out of the box, therefore hurting future sales?

[jello1717]

Interesting. Maybe that's why EA introduced the Legends Mode; to show holes in the plaintiffs argument. Because that would be an example of someone buying a game because of an athlete. However, I never played one second of that mode, and I'm sure 99% of the gamers out there didn't buy the game because of past Heisman winners either.

I was going to rebut this post, but then you used my argument in your next post.

but will the casual gamer be upset without some sort of accurate default rosters out of the box, therefore hurting future sales?

This is why the plaintiffs have a case. If EA put out a game with completely random rosters this would absolutely hurt their sales, especially from ranked game players who can only use the default roster. EA knew this which is why they put out accurate (for EA) rosters with their game.

I don't see any way that the plaintiffs can lose this case because there's no question that EA used player likenesses in their games. Even though they don't use names, EA is screwed. There's no way that they could argue that in their game the starting QB for Michigan (who is a black dude and wears #16, is a SR, hails from Florida, is 6'0, 195, and is easily the fastest QB in the country) is not an accurate representation of Denard Robinson. I don't know enough about the case to know if the big loser will be EA or the NCAA though (but probably both).

[TIMB0B]

I was going to rebut this post, but then you used my argument in your next post.

This is why the plaintiffs have a case. If EA put out a game with completely random rosters this would absolutely hurt their sales, especially from ranked game players who can only use the default roster. EA knew this which is why they put out accurate (for EA) rosters with their game.

I don't see any way that the plaintiffs can lose this case because there's no question that EA used player likenesses in their games. Even though they don't use names, EA is screwed. There's no way that they could argue that in their game the starting QB for Michigan (who is a black dude and wears #16, is a SR, hails from Florida, is 6'0, 195, and is easily the fastest QB in the country) is not an accurate representation of Denard Robinson. I don't know enough about the case to know if the big loser will be EA or the NCAA though (but probably both).

The loser will be the gamer.

[CLW]

If they bring on too many in the suit, his cut of the money decreases. He better watch it.

What I want to know is, what will happen to the franchise if the plaintiffs win? Will they still create the game, but make all of the players the same size, race, and number? I think with the gaming community putting out rosters every year, the game will be fine for us, but will the casual gamer be upset without some sort of accurate default rosters out of the box, therefore hurting future sales?

Actually his cut will not change no matter how many Plaintiffs there are. In fact, if the lawsuit is certified by the court as a class action (it will be) Keller could get an extra cut for being a "named plaintiff" to "represent" the class. The only people who's cut is effected is the plaintiffs' lawyer thus why they are pushing for the class action device so they can get their Million dollar+ pay day.

No one knows for sure what will happen to the series if Plaintiffs win. I personally don't think the series survives but I could be wrong.

[Jayrah]

Actually his cut will not change no matter how many Plaintiffs there are. In fact, if the lawsuit is certified by the court as a class action (it will be) Keller could get an extra cut for being a "named plaintiff" to "represent" the class. The only people who's cut is effected is the plaintiffs' lawyer thus why they are pushing for the class action device so they can get their Million dollar+ pay day.

No one knows for sure what will happen to the series if Plaintiffs win. I personally don't think the series survives but I could be wrong.

I think the series has to survive just to pay off the damages

[countryboy]

could bringing up the fact that he waited until now to bring this lawsuit against EA instead of when he first noticed his likeness being used in the game, be something that helps EA?

I mean, we all know that if Keller had the talent to make it in the NFL that he would've never brought this suit, but since he's a no talent never was, he is seeking his NFL payday thru the pockets of EA.