CNBC Reporter: Players Will Win NCAA Football Suit vs. EA
CNBC Reporter: Players Will Win NCAA Football Suit vs. EA
July 13, 2009
NCAA Football 10 launches at midnight with a pair of lawsuits filed by one-time college football stars hanging over its head.
The former players allege that they weren't compensated for the use of their likenesses. On CNBC this morning, Sports Business Reporter Darren Rovell covers the controversy and concludes that the players will win their lawsuit:
If the copies of Electronic Arts' NCAA Football '10 that we received are the same that hit stores at midnight, the damages against the video game company and the NCAA could grow in the suit against them...
I reviewed the top 10 players in college football... Every single one... was within two inches of their real height and 10 pounds of their real weight in the game. Four athletes... were listed at their exact heights and weights. Every single one of them had the correct eligibility status and 9... had the correct birthplace listed on the in-game bio page.
All jersey numbers were accurate, including [Jeremiah] Masoli, who switched his number from 2 to 8 in the offseason... [Tim] Tebow is wearing a big wristband on his right arm in the game, as he does in real life...
Should [plaintiff Sam] Keller eventually prevail in this lawsuit, as I believe he will, all the athletes who were infringed on this year will be entitled to get cut in on a piece of the damages.
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Posted 03/22/10 at 02:42am
ZippyDSMlee: Like most train wrecks it wont help people much and cost us more in the end than what we would benefit from it.....
ZippyDSMlee: Like most train wrecks it wont help people much and cost us more in the end than what we would benefit from it.....
Posted 03/22/10 at 02:37am
TBoneTony: Great to see MA go to the back bench in SA, hope that new AG is more ballanced
TBoneTony: Great to see MA go to the back bench in SA, hope that new AG is more ballanced
Posted 03/22/10 at 02:36am
TBoneTony: Oh there it is
TBoneTony: Oh there it is
Posted 03/22/10 at 02:36am
TBoneTony: Shout is not working for me at the moment
TBoneTony: Shout is not working for me at the moment
Posted 03/22/10 at 02:34am
SimonBob: (Would you like to rent our Green party? We're not doing anything with it.)
SimonBob: (Would you like to rent our Green party? We're not doing anything with it.)
Posted 03/22/10 at 02:31am
SimonBob: hey america: I was watching CNN earlier, and I was thinking, you guys could use a third party.
SimonBob: hey america: I was watching CNN earlier, and I was thinking, you guys could use a third party.
Posted 03/21/10 at 10:12pm
Valdearg: They beat the parliamentary trick. The senate bill is officially law, pending the President's signature. Now they vote on the fixes to that bill, in the next 15 minutes or so.
Valdearg: They beat the parliamentary trick. The senate bill is officially law, pending the President's signature. Now they vote on the fixes to that bill, in the next 15 minutes or so.
Posted 03/21/10 at 10:04pm
gellymatos: Vald: No worries. I do it all the time. Trying to break the habit.
gellymatos: Vald: No worries. I do it all the time. Trying to break the habit.
Posted 03/21/10 at 10:01pm
Valdearg: @Gelly: Sorry for jumping to conclusions, LOL.. I guess I read your text in a depressed voice in my head. :D
Valdearg: @Gelly: Sorry for jumping to conclusions, LOL.. I guess I read your text in a depressed voice in my head. :D
Posted 03/21/10 at 10:00pm
Valdearg: I'm staying up late, watching CSPAN and MSNBC, and cheering each and every democrat victory.
Valdearg: I'm staying up late, watching CSPAN and MSNBC, and cheering each and every democrat victory.
Posted 03/21/10 at 10:00pm
Valdearg: Yes indeedy. Even Abortion rights got gutted. Obama's going to pass an EO ensuring no federal funds are used for abortions.
Valdearg: Yes indeedy. Even Abortion rights got gutted. Obama's going to pass an EO ensuring no federal funds are used for abortions.
Posted 03/21/10 at 09:59pm
gellymatos: Vald: Who said I didn't like it? I'd get a drink out if there wasn't anything where I am at.
gellymatos: Vald: Who said I didn't like it? I'd get a drink out if there wasn't anything where I am at.
Posted 03/21/10 at 09:59pm
gellymatos: Vald:Well, pretty good day, wouldn't you say?
gellymatos: Vald:Well, pretty good day, wouldn't you say?
Posted 03/21/10 at 09:58pm
Valdearg: Dont sound so depressed, Gelly. This bill will help people get healthcare, who can't now. It's a perfectly Christian idea.
Valdearg: Dont sound so depressed, Gelly. This bill will help people get healthcare, who can't now. It's a perfectly Christian idea.
Posted 03/21/10 at 09:57pm
gellymatos: Well, it's happened. The House Passed the Health Care Bill. Now things get interesting, to say the least.
gellymatos: Well, it's happened. The House Passed the Health Care Bill. Now things get interesting, to say the least.
Posted 03/21/10 at 09:56pm
Valdearg: YES WE CAN!!! YES WE CAN!!! MAJOR HCR Vote passed!! Assuming no idocy, we could see it as law TOMORROW!!!!!!
Valdearg: YES WE CAN!!! YES WE CAN!!! MAJOR HCR Vote passed!! Assuming no idocy, we could see it as law TOMORROW!!!!!!
Posted 03/21/10 at 06:23pm
Andrew Eisen: No, I think I'll stay safe and warm in my own little world where Provolone is king and that... other cheese... doesn't exist.
Andrew Eisen: No, I think I'll stay safe and warm in my own little world where Provolone is king and that... other cheese... doesn't exist.
Posted 03/21/10 at 06:22pm
JDKJ: I wish the Speaker would ask me for what purpose does the member rise.
JDKJ: I wish the Speaker would ask me for what purpose does the member rise.
Posted 03/21/10 at 06:18pm
JDKJ: Provolone?! Please! Try aged Blue Stilton. Also known as Zippy Ass-Crack Cheese.
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Posted 03/21/10 at 06:13pm
Andrew Eisen: Nothing beats Provolone.
Andrew Eisen: Nothing beats Provolone.
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Comments
So what's the deal here. Did EA just make the game without getting consent for the images, or was the consent not properly documented, or are the players out to lunch because they don't think they got enough money?
I'm not trying to be an EA whipping boy, but I find it hard to believe that they would go to that level of detail, and then just say "Yeah... lets not pay them, even though we routinely license peoples images all the time, lets just screw them THIS time"
I guess my real question is, what defense card is EA trying to play?
With NCAA players, you can't use their name or likeness in any sort of commercial venture. It's the same reason the jerseys in the game don't have their name on the back of them, probably because the NCAA doesn't want to shell out money to the players for the right to use it. There's a small writeup here, which also says "The NCAA Bylaw 12.5.1(h) prohibits the use of student-athlete likeness for promotional or commercial purposes."
Ahh, i get it...
Okay, i'm gonna jump aboard the "EA is screwed" wagon. Unless, of course, they provide some doumentation to prove that the NCAA gave them permission, in which case it suddenly becomes the "NCAA is screwed" wagon.
yeah, since they're still considered amature (i believe) they aren't allowed to recieve money for what they do (i think, i hate football so i'm not sure).
even though in reality, with all the tuition and scholarships they get, it's as if someone paid them.
That's an NCAA regulation. There's also something about past payment for playing that I don't understand, but it kept Lucca Staiger from playing basketball for Iowa State in the '07-'08 season because of when he played in his native Germany.
And as much as I dislike that they're essentially paid to play in the form of scholarships, often full ride, what I dislike more is that some of the NCAA regulations are horrible for players. For example, if your head coach bails on you, you either stay at the college the coach bailed on, or you lose eligibility for a year, while your coach signs on somewhere else and gets to coach without penalty. I'm looking at you, Gene Chizik.
Yeah, I'm a disgruntled Iowa State fan. At least a close friend of mine goes to KU, so I can like at least one good team.
"That's not ironic. That's justice."
There may be a clause in all future NCAA games over players giving up the right of their "image" or likeness for videogames licensed by NCAA. It won't be the end of the franchise (or for that matter checks being cut to players). But the NCAA will do something because this is too much of a cash cow for them to pass up on.
Foaming at the mouth
Makes you wonder why EA didn't have the brains to take five minutes to randomise the data. Putting person X's name with Y's height and weight and Z's number. Couldn't take that much effort since the info is already in the system and it would've spared them some pain.
That's working under the large assumption that EA don't think all their consumers are utterly stupid. And they have demonstrated they believe this more than once.
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I LIKE the fence. I get 2 groups to laugh at then.
This seems so simple to fix, you join with a league they are allowed to use your likeness in anything they wish , at the same time so can players as long as its not against a few rules(doing stuff that harms the NCAA reputation,ect) where a percentage(10%) of the endorsement,ect goes to the league, Whatever the current licensing fee is you double it and half of it is goes to the players who are involved in the project, just split it down to equal proportions.
If you are a student whatever is used the profit you earn from it goes into a non interest acrewing account and will be made available the moment they either leave collage,get hurt or join the league.
This way every one gets a piece of the pie and it makes it easier to use players people like and are willing to spend 60$ a year every year on.....
I am a criminal because I purchase media,I am a criminal because I use media, I am a criminal because I chose to own media..We shall remain criminals until Corporate stay's outside our bedrooms..
http://zippydsmlee.wordpress.com
Correct me if I'm wrong, but these are both individual suits...not class action lawsuits. So if these guys win, other players are going to be coming out of the woodwork to get their cut....which could really hurt EA because unlike the NFL case...there is no collective body to payout to like a player's union.
"You know what I wish? I wish all the scum of the Earth had one throat and I had my hands about it."