O'Bannon Legal Team Reacts to NCAA Decision

[RaychelSnr]

In a brief sent over to us by the O'Bannon defense team at the law firm Hagens Berman, the law firm alleges that the NCAA is trying to duck its responsibilities to the student athletes who they claim have been wronged by both the NCAA and EA.

“This announcement makes plain that the NCAA is attempting to mitigate the damage by ducking its responsibilities" co-lead counsel Steve Berman said in a statement. "We look forward to taking this case to trial and winning compensation for student-athletes whose likenesses were used without their permission, in violation of both the NCAA’s rules and the law.”

According to Berman, they are delighted the NCAA has left the video games business, "“While we are heartened they’ve stopped the practice, we believe they owe those student athletes a great deal more than their implied promise to stop stealing their images."

The O'Bannon suit is scheduled to be certified (or not) as a class action suit very soon, which will carry with it enormous possible penalties for both EA and the NCAA.

In response to the lawsuit, the NCAA's credit rating outlook was downgraded to negative by Moody's in late June. While this doesn't mean the rating has been downgraded, there is fear that should O'Bannon win, the organizations solvency could come into question.

[BleedGreen710]

I don't see how he can possibly lose the case..

[Bigsheen]

I like the fact that they are trying to bring down the NCAA, it just sucks that the game has to be in the middle of it all. I'm glad the NCAA is off the name of the game, however, it would seem that the damage has been done and well just have to see the end result.

[Razorback73]

If O'Bannon wins this lawsuit and college football videogames go away, I'm going to sue him for stealing my potential enjoyment of future videogames. I value the damages as a result of this at no less than $4 million. Anyone else wanna jump in on this?

[BA2929]

Are they called his "defense team"? Because they aren't really defending anything. Wouldn't they be the prosecution and EA's team the defense team?

JW here. My law knowledge comes mainly from John Grishan books.

[JLoco11]

O'Bannon's legal team will beat the likeness argument in court... I can't imagine how he loses that end of the lawsuit.

Where the lawyers are going to fail, is going to be what compensation amateur athletes are entitled to. When you register with the NCAA (in any sport, not just football), you waive your rights of representation on the universities behalf.

They can put you on posters, programs, television from games to sports shows, to media guides... and every athlete signs their rights away when they join NCAA division sports.

O'Bannon and Keller are going to win the battle of likeliness in a game, but they're going to lose the war against the NCAA for signing their rights away. They're going to lose against a system of amateur rules (as unfair as they may be), going back to old Olympic rules that most governing bodies have adopted.

[mctrees02]

Quote: Originally Posted by BA2929

Are they called his "defense team"? Because they aren't really defending anything. Wouldn't they be the prosecution and EA's team the defense team? JW here. My law knowledge comes mainly from John Grishman books.

They are defending his interest in the case.

Next time you're at the library, you might want to pick up a John Grisham novel instead. You might be able to expand your knowledge of the law a bit more with his writings!

[mjavon]

If it is determined that athletes deserve to be compensated for their likenesses being represented in a video game, who's to say they don't deserve to be compensated for all the other gains the NCAA has made using them? Do you guys think this case could be the straw that breaks the camel's (or the NCAA's) back?