New York Times on Sam Keller/EA Lawsuit: "It's about much more than video games"

[PocketScout]

Quote: Originally Posted by kjcheezhead

"However, should EA win, from what Crabtree-Ireland said above -- you would no longer have to license likenesses in sports games. So while you would still have to license teams, players would be fair game to be used without a license fee of any kind." This sounds like a lose, lose for EA. Even if they win the right to use college likenesses, they set a precedent to allow for 2k to make a game using NFL players likenesses with generic city names.

They can do this right now, as per the Jim Brown ruling. The problem is without the NFL License (Teams, Logos), the game will not sale in mass. The players license is from the NFLPA not the NFL license.

[kjcheezhead]

I am under the impressions that likenesses as well as names are protected right now. So just having a qb in a blue jersey who plays for an Indianapolis team, wears #18 and is 6' 5", 230 would be grounds for a lawsuit. If EA wins this case, 2k could use this likeness without paying a dime in license fees to anyone and no threat of a suit. That makes a big difference.

[PocketScout]

Quote: Originally Posted by kjcheezhead

I am under the impressions that likenesses as well as names are protected right now. So just having a qb in a blue jersey who plays for an Indianapolis team, wears #18 and is 6' 5", 230 would be grounds for a lawsuit. If EA wins this case, 2k could use this likeness without paying a dime in license fees to anyone and no threat of a suit. That makes a big difference.

With that you described as likeness, EA used Jim Browns "likeness" without paying him anything (though they said they did not use his likeness) and the courts ruled that it was legal to do so under the First Amendment. So with that there is nothing stopping 2k from doing the same thing, except the fact that without the NFL license the game will not move enough units (as 2k8 showed).

http://www.iptrademarkattorney.com/2...dismissed.html

[kjcheezhead]

You may be right... although 2k8 didn't prove much of anything as far as what might sell. The game did not feature player likenesses like I described for Peyton Manning and a lot of money was spent securing rights to actual players.

[The GIGGAS]

Quote: Originally Posted by PocketScout

With that you described as likeness, EA used Jim Browns "likeness" without paying him anything (though they said they did not use his likeness) and the courts ruled that it was legal to do so under the First Amendment. So with that there is nothing stopping 2k from doing the same thing, except the fact that without the NFL license the game will not move enough units (as 2k8 showed). http://www.iptrademarkattorney.com/2...dismissed.html

What about Madden Football 64? That game only had the NFLPA license (not the NFL), and according to vgchartz (which can be dubious at times), sold 0.85 million copies, compared to the next year's version of Madden ('99), which sold 0.89m. These numbers are for the N64 version:

http://gamrreview.vgchartz.com/game/...n-football-64/
http://gamrreview.vgchartz.com/game/1229/madden-nfl-99/

[PocketScout]

Quote: Originally Posted by The GIGGAS

What about Madden Football 64? That game only had the NFLPA license (not the NFL), and according to vgchartz (which can be dubious at times), sold 0.85 million copies, compared to the next year's version of Madden ('99), which sold 0.89m. These numbers are for the N64 version: http://gamrreview.vgchartz.com/game/...n-football-64/ http://gamrreview.vgchartz.com/game/1229/madden-nfl-99/

That is kinda hovering around the middle area, you dont have full nfl teams (logos) , but you have all the players, so people still see it as the nfl even when its not. I think the 2k8 game is a better example of not mimicking the nfl license and not having great sales. Also the Madden name doesnt hurt. If Madden 2012 did the same thing (NFLPA but no NFL) it would still move close to a 1m units because of the name alone.

I think a company could make a generic pro football (ala early FBPRO games) that did not have NFL or NFLPA and still be close enough that people would buy it, but not in mass. If there is an option that has the NFL or NFLPA it will sale a lot better than an unlicensed version. But this is just my worthless opinion on the matter

[scottyo60]

As a law student... what does this have to do with freedom of speech? as said in the article the first amendment right... this whole thing is stupid

[PocketScout]

Quote: Originally Posted by scottyo60

As a law student... what does this have to do with freedom of speech? as said in the article the first amendment right... this whole thing is stupid

The First Amendment is not just speech, it covers expression, art, words, ideas. Courts have ruled multiple times that video games fall under this same protection.