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.

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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.

---

Patreon

Deviantart

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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MattsworknameWhining about games not haaving enought females, thats foolish, cause if the games are good, then the lead will be well known as a result.see alex vance, she wasn't even the playable lead, but she's so well known cause half life 2 was such an amazing game06/30/2015 - 9:04pm
MattsworknameOn the subject of gaming. Im of the opinion that, its fine if there are more FEMALE leads, but if the game itself isn't good? then your doing a disservice by having a female lead cause they wont get any recognition or attention.06/30/2015 - 9:01pm
Mattsworknameandrew, im not as hyped, without the origional cast, I feel it just won't have the same impact . I'll still give ti a shot, but my expectations are low for it. Its a shame we lost ramis.06/30/2015 - 8:57pm
PHX Corphttps://www.youtube.com/watch?v=xIojPUPGhjY IWALVG:GameStop Goes RETRO? Let's Check It Out!06/30/2015 - 8:26pm
Andrew Eisen(Ghostbusters is my favorite movie, if anyone was wondering why I'm so unusually excited for this project.)06/30/2015 - 7:01pm
Andrew EisenI am so completely over-the-moon with excitement for the new Ghostbusters movie! It's going to absolutely destroy me if it sucks. Long wait. Fingers crossed!06/30/2015 - 7:00pm
Goth_SkunkAdditionally, the entry really doesn't have much of a point to it. It's just a long, rambling rant akin to what an angsty high-school student would write on their facebook page.06/30/2015 - 6:51pm
MonteAnd most of those viewpoints just so happen to revolve around women and topics that feminists cover, and not actual gaming journalism.06/30/2015 - 6:51pm
Goth_Skunk@DocMelonhead: First off, thanks for using an archive. Second, I would argue that Miss Alexander doesn't know the right women. Given the members of her echo-chamber, I don't find that surprising in the least.06/30/2015 - 6:50pm
Goth_Skunk@Monte: GamerGate does not focus attention on feminists; it focuses its attention on viewpoints it happens to disagree with. The fact that most of those opinions happen to come from radical feminists is a coincidence.06/30/2015 - 6:31pm
Andrew EisenBut hey, we all make bad videos from time to time. I'm certainly not going to hold that single one against her.06/30/2015 - 6:31pm
Andrew EisenAh, okay. I probably don't read their blogs or follow them on Twitter so I've never heard anything they've had to say. The only thing I know about Sommers is the video we reported on a while back and I certainly wouldn't classify that as scholarly!06/30/2015 - 6:30pm
Goth_SkunkAlso, "junior campus feminist" is a young (late teens to late 20's, hence "junior") college student radical activist (see Emma Sulkowicz as an example). This, as opposed to a more mature, scholarly feminist like Sommers.06/30/2015 - 6:24pm
Andrew EisenNo, because "feminisim" isn't a group. There are feminist groups with leaders though.06/30/2015 - 6:23pm
Goth_SkunkDoes Feminism have a leader?06/30/2015 - 6:19pm
Andrew EisenWell, maybe the SPJ Airplay discussion will be just what everyone needed and we'll all live happily ever after!06/30/2015 - 6:16pm
MonteFrankly, for those in it for jounalism, the best thnig they can do is forget GG and find a new Tag. By using GG theybring with themselves all of the baggage that comes with it, and thus no one listens to them. They voices would go farthar without trolls06/30/2015 - 6:12pm
MonteThing is with internaet movements, their is no leadership or membership which means ANYONE can define it and use it as they please. No one member gets to sayhis version is right and everyone else is wrong because his claim is just as valid as theirs06/30/2015 - 6:10pm
MonteGamergate's menaing varies from person to person. Some pretty much allign it with MRA's. Other's do it because they want to defend developers from feminists who criticize their work. This has nothing to do with journalism but gets the Tag anyway06/30/2015 - 6:08pm
DocMelonheadGoth, Take a look at this: It's old, but got a point form the "Gamers are Over" blogger herself: https://web.archive.org/web/20150530072314/http://boingboing.net/2015/05/29/all-the-women-i-know-in-video.html06/30/2015 - 6:08pm
 

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