The PES soccer game suffers from not having every license for teams and players and yet guys can download rosters and mods (I'm not completely sure on this). Do they get sued left and right?
IMG College handles the licensing for major institutions like The University of Michigan, The University of Alabama, and Brigham Young University. In all, CLC represents 153 schools. Notable schools not affiliated with CLC include Ohio State, Miami of Ohio, and Michigan State. Before the NCAA ended this agreement, it still had to make separate deals with those schools. It will likely continue to do so.
In addition to the schools, CLC also represents the BCS Football National Championship Bowl Game and many other major bowl games. That includes the Discover Orange Bowl, the Allstate Sugar Bowl, and the Tournament of Roses (or Rose Bowl).
This deal is important to CLC. Electronic Arts is the organization’s largest nonapparel licensee. Likewise, EA needs the deal with the CLC because most college football fans purchase the game to control their favorite team.
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right so if a roster is released as I said with double zero as the number for every player and they all are a height of 4'1" weigh 150lbs have random faces and that is all then according to your own words there is absolutely no likeness... of course the roster editor allows consumer to make the players whoever they wamt them to be... so there is no lawsuit... thanks for clearing that up
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Do you think it would also have to go so far as to have everyone with the same ratings? I wonder if the "mobile qb's" would say something if certain schools had higher rated abilities, etc. This sucks! Just let me play with my team and you can pay them later when they arent in school anymore, lol.
Not exactly. IF EA provided a roster editor to their "generic" rosters they could still be sued. The parallel is Napster. They didn't violate in copyright laws (and told their users to obey the law) but that wasn't enough b/c their product allowed users to violate copyright law.
Same with EA their product (roster editor) allows their users to misappropriate a person's "likeness" without their permission. Indeed, EA would likely tout the roster editor feature and could be guilty of "conspiracy" with its customers/consumers to misappropriate student-athlete "likeness" without compensation/permission.
There is ZERO way around this issue for EA. I've said this a hundred times now but these are the only possible solutions with no future lawsuits:
#1 - The series dies (or they make the rosters not editable and really bad - hardly calls for a yearly update now does it?)
#2 - The NCAA allows EA to pay the players and/or the players willingly sign a release/contract granting them permission do use their "likeness" in the game without payment
#3 - EA gets a complete win at the US Supreme Court on a 1st Amendment (or other affirmative defense) type argument.
2K Sports or Sony might as well make College Football 2K15 or NCAA Football 15 : The Heisman (similar to MLB : The Show series) w/ EA's contract expiring next June. CLC License w/ either of the two brands can help bring in lots of money and popularity in the game including for the Vita console (last game was NCAA Football 10 on PSP). Also, Madden NFL, FIFA, and NHL are big sellers in EA Sports. Time to bring EA's NHL also to Vita w/ gameplay similar to FIFA.
I've grown tired of your assumptions of legality here. Your example of Napster is inherently flawed as the it dealt an accepted commodity, being media files, specifically music and movies. Both of which are (as I stated) accepted commodities that have explicit costs, laws, and guidelines governing their use. Likeness is not an accepted commodity, especially when referring to listing anything about race or origins. When there is no name attached or a clear indication of the person's face, or their voice a likeness is very hard to establish. Any lawyer worth their salt would stay away from such a case, because they would not win, and the odds are high the plaintiff they would represent would not have any money to pay for their expenses.
EA doesn’t need any of your 3 scenarios to play out. Until the universities are compelled to pay players more than the cost of tuition (in the form of a scholarship) the video series is only operating based off of the agreement it has with the CLC and other universities who are the true defendants. If what you describe as necessary happens, it will be because the universities were sued, not the CLC and not EA. And You would have to have multiple athletes from a significant amount of those universities file suit against them. Universities use current player likeness all the time. Ever bought a media guide? Or watched the intro, scoreboard, or youtube videos published by the university’s athletic department? Those reflect more of a likeness than a video game. And ratings do not reflect likeness as those ratings do not actually exists in reality. Clowney is not good in reality because he has a 90+ strength rating … he is good in reality because he is strong, how strong, well that is determined by actual weights and actual metrics, not an arbitrary fictional grade to reflect it.
I just want my damn NCAA game!!
... And fix the defense
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