Lawsuit by Former NFL Players Against EA Allowed to Advance

[maltliquor23]

Quote: Originally Posted by kehlis

Except they are two completely different scenario's.

Apples and Oranges? Perhaps in title only. Look at any madden title that included classic teams. That is where this suit is based. Not in current rosters, but in classic teams that were included in previous games.

EA argued in a preliminary hearing that they should be dismissed from the NCAA suit for the following reason, "even if it was using player likenesses, it was doing so in the same way as an impressionist uses a celebrity's mannerisms to make a joke"

They are now using the same argument for their included in game historical rosters. The judge even included in his summary as stated in the article "Like NCAA Football, Madden NFL replicates players' physical characteristics and allows users to manipulate them in the performance of the same activity for which they are known in real life - playing football for an NFL team," This is also the same district court that ruled in the O'Bannon case. Incidentally the court found "the arguments in the current case 'materially indistinguishable' from the reasons for rejecting the request to dismiss the college case."

EA argues they are using artistic license but provided ratings, uniform numbers, height, weight, skintone that matched real players on real teams.

Per an article with IGN, classic rosters were in madden 04. This included Ferragamo's 79 Rams.
http://www.ign.com/articles/2003/07/19/madden-classics?

Please explain how this is apples and oranges. Cause here is the way i see it.

EA Created a game (NCAA series) and Particular years of madden which included classic teams
EA Created in game avatars
EA assigned those avatars to Corresponding teams
Those Avatars held characteristics similar or matching the players on the corresponding teams.
The Former NFL players on which the avatars were based were not contacted
The Former NFL players on which the avatars were based did not sign contracts
The Former NFL players on which the avatars were based did not consent to their likeness being used.
The Former NFL players on which the avatars were based did not receive compensation for their likeness being used.

The only difference here is college athletes and retired football players.

[kehlis]

Quote: Originally Posted by maltliquor23

The only difference here is college athletes and retired football players.

And there you go.


If Madden loses retired players and classic teams the only loss is a massive settlement. Not a game which they can continue to make with current players. Game goes on.


NCAA lost the very players which made it's game an actual NCAA game.



Do you really not see the difference?

[loccdogg26]

Didn't Jim Brown sue EA before about the Madden game and lost?

[kehlis]

Quote: Originally Posted by loccdogg26

Didn't Jim Brown sue EA before about the Madden game and lost?

He did, his lawsuit was thrown out and dismissed in district court before it could go to to trial.


This particular case was already okay-ed by a judge to go to trial and this particular story was about the fact that EA appealed that decision and lost so they are already way past where Brown ever got.

[l8knight1]

Quote: Originally Posted by Rewmac

Everything can be elevated to a new level. They can just remove roster sharing as step. I hope nothing like this will come to reality.

This is disconcerting. EA has already limited editing ability in rosters, and I could see roster/player creation limitations or even elimination as possibly coming in the future.

[shopejay]

Yet another football game on the way out the door!

[k9nike]

Its sad that all the players want is more money. Maybe I would look at it differently if I was one of them, but to have the honor to be in a game that millions play doesn't seem like a bad thing. The players that are put in the game are usually millionaires and I don't feel bad that they can't hold on to their money, I also realize EA is about making money and its crazy there lawyers didn't look at this issue before publication . NCAA game was a great game ruined by greed. Madden will be next and then no more sports games. CRAZY

[BadAssHskr]

anything like this always feels like bad news to me. like why do we have to be taking a video game so serious.

high time to test the waters with a generic college football game, and see how well it works and can be manipulated.