EA Files Motion to Be Dismissed from O'Bannon Case

[LastExit]

Quote: Originally Posted by TreyIM2

Hmmm. EA may get out of this because of the fact that they paid for license to use for their game and representing college football is what the game is supposed to be about. The NCAA amateur sports clause for nonpayment of players is apart of all that but who knows. The law and rules don't always work right....right?

I think EA stands a pretty good chance of coming out of this unscathed. The NCAA essentially gave their blessing to this game for all those years so I would imagine that EA's legal team will merely say - "Hey, the NCAA makes these rules and if we were breaking them in any way then they should have told us and we would have complied with their requests just as we did with other features that were removed from the game (excessive celebrations, players being suspended for rules violations in dynasty mode, etc.)." Of course the discovery phase is ongoing and there may be incriminating e-mails or something that may put EA at risk of having to pay if O'Bannon and Co. win but after the dust settles the entity that stands to lose big time from this is the NCAA.

[Dogslax41]

Quote: Originally Posted by LastExit

I think EA stands a pretty good chance of coming out of this unscathed. The NCAA essentially gave their blessing to this game for all those years so I would imagine that EA's legal team will merely say - "Hey, the NCAA makes these rules and if we were breaking them in any way then they should have told us and we would have complied with their requests just as we did with other features that were removed from the game (excessive celebrations, players being suspended for rules violations in dynasty mode, etc.)." Of course the discovery phase is ongoing and there may be incriminating e-mails or something that may put EA at risk of having to pay if O'Bannon and Co. win but after the dust settles the entity that stands to lose big time from this is the NCAA.

The NCAA's blessing to use the names doesn't mean a thing to the antitrust case. EA is banking on O'Bannon's team not having proof that EA sought an exclusive agreement. There has to be two parties to an anittrust case and EA is clearly the second party in this case. They are just hoping that O'Bannon's team can't prove that they sought to set the market by dictating what these players likenesses were worth, which by seeking an exclusive is exactly what they were doing.

[bigbob]

The Court rejected EA's motion a lot quicker than I expected them to.

[LastExit]

Quote: Originally Posted by Dogslax41

The NCAA's blessing to use the names doesn't mean a thing to the antitrust case. EA is banking on O'Bannon's team not having proof that EA sought an exclusive agreement. There has to be two parties to an anittrust case and EA is clearly the second party in this case. They are just hoping that O'Bannon's team can't prove that they sought to set the market by dictating what these players likenesses were worth, which by seeking an exclusive is exactly what they were doing.

True, but first and foremost O'Bannon's team will have to show that EA was using player likenesses in the first place. I haven't picked up a copy of NCAA basketball in a while but I don't remember looking at players and thinking "yeah, I see the resemblance" the way that you do with 2K's NBA. Yes, EA used accurate jersey numbers but I don't know if that is tantamount to using a player's likeness. I think O'Bannon has an argument but I don't think it is all that strong when it comes to EA given that the NCAA was directly involved in the game.

It should be an interesting case to follow.

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