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.

Via: Fanster


Comments

Re: CNBC Reporter: Players Will Win NCAA Football Suit vs. ...

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.

 

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Re: CNBC Reporter: Players Will Win NCAA Football Suit vs. ...

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.....

 


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Re: CNBC Reporter: Players Will Win NCAA Football Suit vs. ...

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.

Re: CNBC Reporter: Players Will Win NCAA Football Suit vs. ...

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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Re: CNBC Reporter: Players Will Win NCAA Football Suit vs. ...

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.

 

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Re: CNBC Reporter: Players Will Win NCAA Football Suit vs. ...

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?

Re: CNBC Reporter: Players Will Win NCAA Football Suit vs. ...

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."

Re: CNBC Reporter: Players Will Win NCAA Football Suit vs. ...

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.

Re: CNBC Reporter: Players Will Win NCAA Football Suit vs. ...

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.

Re: CNBC Reporter: Players Will Win NCAA Football Suit vs. ...

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.

 

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Andrew EisenIf you do, I hope you can provide some examples of people (again, other than random no-name numbnuts on Twitter) who are genuinely trying to dictate what should and should not be allowed so far as themes, topics, language, plot devices, etc. go.07/01/2015 - 9:43am
MattsworknameI'd go into why I think it's a bigger problem then most realize, but nows not the time really. I'll catch up with everyone later07/01/2015 - 9:42am
Andrew EisenThat's the thing though, rarely is anyone (again, other than random numbnuts on Twitter) attempting to dictate what can and cannot be said or done.07/01/2015 - 9:39am
Andrew Eisen"Don't write rape scenes" is being offered as advice (along with reasons for that advice) not a mandate.07/01/2015 - 9:37am
MattsworknameOh, on that last one andrew I wasn't talking about the article, I was being more general, lately it seems like all the news and media is trying to decide what is and isn't proper to say. Thats what i was refering to.07/01/2015 - 9:37am
Andrew EisenPerhaps you should consider reading the entire article. Despite quotes you can pull from the intro and conclusion, the author isn't arguing that you can't or shouldn't be allowed to cover a certain topic.07/01/2015 - 9:35am
MattsworknameOne of the things I hate right now is that people are trying to be the deciders of what is and isn't proper to be said. It's political correctness to a level that makes me angry.07/01/2015 - 9:29am
Mattsworknamemake them, i just tell peopel that I think what they did sucked. Just cause I dont like what they did, doesn't mean I can tell them "You shouldn't wrtie that" cause thats just another step on the way to telling them "YOU CANT WRITE THAT".07/01/2015 - 9:24am
MattsworknameNo, but you or I aren't the one to tell someone else what they can or cannot do beyond EXTREMELY narrow limits. Telling a person then shouldn't write something or say something. I may hate certain movies or music, doesn't mean I dont' tell peopel not to07/01/2015 - 9:23am
E. Zachary KnightHasbro is taking steps to fix its Dinosaur gender issues. http://io9.com/the-jurassic-world-dinosaur-toys-are-clever-girls-again-171513589607/01/2015 - 9:20am
TechnogeekImagine that level of accuracy, only applied to something that has actually caused physiological and psychological trauma in more cases than just whatever the equivalent of the CD-i Zelda games would be.07/01/2015 - 8:40am
TechnogeekThat's the issue I see as well, E. To put it in terms anyone reading this site will likely understand: you know how any time video games show up on TV, they feature absurdly outdated 3D graphics and/or audio from the Intellivison era?07/01/2015 - 8:40am
InfophileWell, you CAN go to a crowded streetcorner and tell everyone who passes by your social security number and bank account PIN, but you shouldn't. Is that censorship?07/01/2015 - 8:36am
E. Zachary KnightSo if it is going to turn out to be a bad scene, why even bother writing it?07/01/2015 - 8:07am
E. Zachary KnightMatts, Goth, The article, and others I have read making the same conclusion, state that most people fail in their attempts to write rape scenes without being overly offensive or overly incompetent in their attempt.07/01/2015 - 8:07am
Adam802http://www.sfgate.com/news/article/Ex-Sen-Leland-Yee-may-be-headed-for-a-plea-deal-6358941.php07/01/2015 - 7:12am
Adam802Possible plea deal in Yee case: http://www.mercurynews.com/crime-courts/ci_28408532/leland-yee-case-plea-deal-appears-likely07/01/2015 - 7:11am
MattsworknameInfo, Im with goth on this, the moment people start saying "You can but you shouldnt" thats a slow slide into censorship07/01/2015 - 6:05am
InfophileIn other words, you stopped when you found out it was arguing for a position you disagreed with, but before you found out why.07/01/2015 - 5:29am
Goth_Skunk"In short, anyone can write a rape scene—but should they? Chances are, the answer is no." And that's where I stopped reading.07/01/2015 - 5:11am
 

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