One more (small) note on the ongoing NCAA lawsuits. - RaychelSnr's Blog

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RaychelSnr's Blog

One more (small) note on the ongoing NCAA lawsuits. Stuck

Posted on February 15, 2010 at 03:43 PM.

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Here are a few more tidbits on the current legalese action going on in California over the current NCAA Athletes lawsuits against the NCAA:

There are numerous suits working their way through the courts right now. A quick Google and database search brought up several similar cases to Keller's, including a suit by former Rutger's QB Ryan Hart.
Claudia Wilken, the judge in the O'Bannon vs. NCAA suit, combined the claims of the Keller lawsuit into the O'Bannon case in the ruling issued last week. The accusers have 30 days to file an amended combined claim on the NCAA there, so expect more news by Early March at the latest.
As we reported, the California court system rejected EA's attempt to get the case thrown out as well as their claims of protecting the "public interest" and "public affaris". Also, EA's claim of protection by the First Amendment was all but thrown out as well.
Knowing what I know, if the case progresses very far and the argument comes down to whether EA is using likenesses in their games without athletes permission, they will almost certainly lose. EA actually pays people to research and do rosters for their NCAA games to make them as realistic as possible (either internally or externally). I'm sure with enough historical interview coverage, you will probably find an EA employee admitting to trying to get more accurate rosters in NCAA as well. As always, I must use the standard legalese can be tricky and unpredictable disclaimer, because who knows how things might actually work out.

That's it for now. But I figured I'd post an update before I post another blog later on today dealing with the OVR ratings in sports games (be sure to check that one out!). In the meantime, I know many of you are rooting against Keller/O'Bannon here, what arguments can EA and the NCAA muster up to avoid the damaging penalties they might have to incur?

Comments

# 1 nolan273 @ Feb 15

I am a bit torn on this issue. I am completely on O'Bannon's side on this. He was out of school when the NCAA licensed his likeness to EA and 2K. He should have at the very least been consulted before any such agreement was made. As far as Sam Keller and Ryan Hart go, I feel that their biggest beef should be with the NCAA. EA was just doing what they paid the NCAA and it's member institutions to be able to do: use a reasonable facsimile of the players without putting the actual players in the game.

It seems kind of back-handed to me anyway. I'm sure Sam and Ryan thought it was awesome to be able to play as themselves when they played the game. I wonder if they had NFL careers and money coming from EA (through the NFLPA) would they be seeking "damages" on behalf of past and present college athletes. It all has the familiar twang of sour grapes to me. But that's just my opinion... Perhaps it's all in the name of looking out for "the little man."

My only true concern in all this is how it will effect my rights. If I pay my $60+ for the game, I should be able to name QB #15 from XYZ University whatever the hell I want to name him. Whether it's Who-shot Diddly, Buzz Nuttley or even Sam Keller. And, IMHO, EA should be able to offer that capability.

# 2 BisonPride @ Feb 16

What is really the difference between that and the schools selling a uniform with their number on it? Nothing! These athletes are getting paid with their scholarships. If they are walk-ons they are getting paid with free trips to places they never would travel to and receive countless amounts of free stuff from the school in shoes, apparel, etc. If these morons have a problem with a likeness in a game then maybe all of it needs to be taken away and they need to pay for everything and receive the $2 share for use of their likeness.