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Originally Posted by gstelmack
Did you read the PDF? It also includes special apparel (like wrist bands, shoulder pags, visor details, etc), including some very specific player-particular bits of uniform. They also point out that the models used in NCAA match the models that end up in Madden where they DO have the rights and ARE trying to match the players as close as possible. It goes well beyond height, weight, and hometown.
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I did read the PDF. My question is relates to essentially whether or not you have a intellectual property claim to your biographical data. It would seem that most of the "information" included in the game would be public information.
For example, let's say I'm Rivals.com. I already list your stats, your scout ratings and your physical details such as height and weight. I also include personal data such as your birthday and hometown. Maybe I really want to be thorough and I specific your equipment, such as whether you wear a blue Nike wristband. What of that information is information you own that no one else can use? That is generally public information. I can't copyright my birthday or prevent anyone from publishing a description of how I style my hair or what color sunglasses I wear.
I do think it's a separate question of whether a reasonable computer-graphic representation of you is your likeness. That's a fair question for the court to decide. Like I said before, the next time I see a guy in an EA college game that actually looks exactly like the real guy will be the first time. The guy at QB for Missouri may have Chase Daniel's biographical data and number, but he doesn't actually look like Chase Daniel.
It will be interesting to see EA's response. They aren't idiots -- they have to have prepared a response for this for years. I doubt they started using this information in the first place without preparing for the day they would have to defend the practice.