Litigation Support Expert Comments on NCAA Video Game Lawsuits

August 3, 2009 -

As GamePolitics has reported, former college athletes have filed a trio of lawsuits this year alleging that the NCAA and video game publisher Electronic Arts profited from the unlicensed use of their images in video games based on college football and basketball.

If successful, the suits have the potential to change the way the sports licensing game is played. What are the chances that will happen?

IGN has posted an interview with litigation support/public relations expert Jason Maloni, whose firm represents Roger Clemens, among others. Maloni comments on the implications of the lawsuits for the NCAA and EA:

Technology is a huge part of it. When I was growing up playing Space Invaders, you couldn't be one of the characters in the game. But with sports games, it's become such a huge phenomenon to assume the identity of your favorite athlete, and it only increases the bond people have with both the game and the team. That's why the pro and collegiate ranks love this type of branding...

 

I expect the impact for EA Sports will be minimal. The company is still going to produce games and derive a profit. The NCAA and large institutions stand to lose a small part of their current revenue... however, they are making [money] hand over fist. I don't think compensating these athletes in some way at the end of the day going to put a crimp in their budgets. College sports are a big business and it will remain a big business...

Like a lot of laws, it takes someone to stand up and say this isn't right. You might also be seeing a growing sympathy for former athletes. Not everyone goes on to the pros or gets mega contracts. I think student athletes are seeing what former pro athletes have done recently seeking restitution against the NFL for the use of their images.

By "pro athletes," Maloni is referring to the recent $26.25 million settlement that a group of retired NFL players reached with the former union over the unlicensed use of their images in EA's best-selling Madden franchise.


Comments

Re: Litigation Support Expert Comments on NCAA Video Game ...

Seems to me like a bunch of spoiled rich folks on both sides of this issue squabbling about money.  Why isn't it a reality TV show already?

Re: Litigation Support Expert Comments on NCAA Video Game ...

Uhh, they don't all get scholarships. What was the point of all that blabbering? men of a certain age season 1 episode 3 | scrubs season 9 episode 5
Garry Wertu

Re: Litigation Support Expert Comments on NCAA Video Game ...

Because the one side doesn't exist of just spoiled rich folks. See, this is the problem, people don't realize what this issue is about and just assume everyone who does a lawsuit for a lot of money is wrong and should shut up.

Re: Litigation Support Expert Comments on NCAA Video Game ...

I'm not saying they're spoiled rich folk. I'm saying that they gave up their right to compensation when they signed as an amateur to go to the college and play football. The students CAN'T profit from the sales of the game or they would not be amateurs anymore. It's the SCHOOLS and the National Collegiate Athletic ASSOCATION who are involved in the contract with EA. The schools make the money. The athletes benefit through exposure, not cold hard cash.

Re: Litigation Support Expert Comments on NCAA Video Game ...

I don't see why they should get compensation. They get scholarships. They are available for the draft. By playing for the NCAA, they stand to make significant salaries, not just if they go pro, but there are other sports and sportscasting jobs available to them because of the extra visibility they get as players.

Do all of the students get a check when a game is televised? Of course not. And yet it's their likenesses and their performances that are selling ALL of that commercial time.

They are amateurs who signed an agreement with an organization. That organization has every right to market itself, and the students basically agreed to that when they agreed to play.

When someone plays college football, they aren't fighting for their own success as much as they are the success of their ol' alma mater. If their team as a whole, and their likenesses as individuals contribute to the financial success of the NCAA and their own individual college... it's total bullshit to say "Yeah, but what's in it for me?" How about a free university education, ya schmucks?

Re: Litigation Support Expert Comments on NCAA Video Game ...

Uhh, they don't all get scholarships. What was the point of all that blabbering?

Re: Litigation Support Expert Comments on NCAA Video Game ...

The ones on the games tend to.

 


Until lobbying is a hanging offense I choose anarchy! Stop supporting big media and furthering the criminalization of consumers!! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: Litigation Support Expert Comments on NCAA Video Game ...

And still I do not understand why they can't equally diviy out a % of what a title makes to the players, and set aside money to the student players until they get out of collage.... sirously.....someone needs to take the leagues to court because they are raping the players, oh and FYI not all players make millions a year.

 


Until lobbying is a hanging offense I choose anarchy! Stop supporting big media and furthering the criminalization of consumers!! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: Litigation Support Expert Comments on NCAA Video Game ...

How are they going to compensate NCAA players anyway? 

Re: Litigation Support Expert Comments on NCAA Video Game ...

Is it really going to be that much to EA? The end result will be a pay out and them attempting to be more careful with real athletes in their games in future.

Didn't I read that each Madden and FIFA makes a ridiculous amount of money (Hundreds of millions?)? That no doubt explains why it's not hard to resist pumping out constant sequels...

 
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Should ‘sexism’ factor into a video game’s rating?:

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Andrew EisenAnd unless I completely missed it, there's nothing in there about "how Pokemon in general is sexist but you gotta look deep for it."11/20/2014 - 5:10pm
Andrew EisenSeriously, you're upset, irked and fearful over an opinion piece that suggests the Pokemon demo would be better with more options and a better-written female character? SERIOUSLY?!11/20/2014 - 5:07pm
MaskedPixelantehttp://gamasutra.com/blogs/PugetAlain/20141118/230420/Nearly_Ripped_off_to_death_by_a_publisher__Get_better_by_yourself_and_wait_for_justice_Maybe.php Topware screws over an indie studio because they can.11/20/2014 - 5:01pm
Andrew EisenAre you SURE you provided the right link?11/20/2014 - 4:59pm
prh99And yeah that sucks, especially when bonuses are tied to it, but that is more a problem with crappy publisher policies and scoring in general than any discussion on what may or may no be sexism in games.11/20/2014 - 4:59pm
prh99But no one is on their legislative high horse or on the litigation war path, for that matter. The biggest effect is that a reviewer might give it a lower score and drag down their meta critic ranking.11/20/2014 - 4:56pm
Wonderkarpyup11/20/2014 - 4:51pm
Andrew EisenOh for crying out loud. Wonderkarp, I apologize for how rude this question is but seriously, did you actually read that article?11/20/2014 - 4:47pm
Wonderkarpits a stigma. people in power hear this crap and start getting on their legislative high horse. but I feel like we've already paid too much attention too a demo.11/20/2014 - 4:46pm
Andrew EisenHarm gaming how?11/20/2014 - 4:35pm
Wonderkarpcause it gets parroted around and is used by people to harm gaming like Jack Thompsons did with Violence. http://www.themarysue.com/pokemon-oras-sexism/ here's the article.11/20/2014 - 4:28pm
Andrew EisenNo idea why such an opinion would upset or irk you so I'd be interested in reading it. Got a link?11/20/2014 - 4:13pm
Wonderkarplook deep for it....reaching much. those kinds of people are what urk me.11/20/2014 - 4:07pm
WonderkarpI got upset the other day when a known feminist blog wrote a large article on how the demo to Pokemon Omega Ruby was Sexist cause you couldnt play as a girl. It was a Demo....who cares? but they went off on how Pokemon in general is sexist but you gotta11/20/2014 - 4:06pm
Andrew EisenHere's the panel that Sarkeesian quote from earlier comes from. Amazing what the proper context does, isn't it? https://www.youtube.com/watch?v=e0qxtKz2vZw11/20/2014 - 3:32pm
NeenekoSomething to keep in mind, we tend to look at physics as 'hard', but math and physics are trivial compared to soc/psych (I have worked in both), but FEELS like it should be simplier.11/20/2014 - 3:17pm
NeenekoI think what tends to make discussing sexism in games difficult is scale, the issues tend to be systemic in nature, but bite sized examples are not... and the systemic part ties into a lot of dry academic stuff requiring domain knowledge not everyone has.11/20/2014 - 3:16pm
Wonderkarpand I jumped for joy when the Cogs went multigendered in GOW. but I also like male protagonists like Kratos or Nathan Drake or Link.11/20/2014 - 2:58pm
Wonderkarp..it needs female options. thats why I prefer biowares games. My Shepard was female(Jennifer Hale <3) and my skyrim player was female. I prefer female characters. But I dont think its a sexism issue. More and more females are coming.11/20/2014 - 2:55pm
WonderkarpMonte, I would argue that with Tomb Raiders sales....remember me though....personally I like games with character customization. I was one of those people miffed at ACUnity over no female assassins. if you give us customization, unless its a sports game..11/20/2014 - 2:53pm
 

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