EA/Madden Likeness Lawsuit Moving Forward...

[kjcheezhead]

The exclusive license didn't cause this lawsuit but it's naive to believe it has no effect on retired players.

Historic teams aren't popular anymore, but they get paid to be in MUT packs. With EA owning the NFL, there isn't another game vying for these players rights. Sure another generic game can technically buy the rights, but gamers rejected that in APF. Instead of having 2-3 games competing for the rights to historic players they have to take the deal EA gives them or nothing.

So in turn, legends are more aggressive with lawsuits because there is less opportunity for them to cash in on their namesake. The exclusive license creates a butterfly effect that damages in ways most people don't care to notice.

[roadman]

Quote: Originally Posted by kjcheezhead

The exclusive license didn't cause this lawsuit but it's naive to believe it has no effect on retired players. Historic teams aren't popular anymore, but they get paid to be in MUT packs. With EA owning the NFL, there isn't another game vying for these players rights. Sure another generic game can technically buy the rights, but gamers rejected that in APF. Instead of having 2-3 games competing for the rights to historic players they have to take the deal EA gives them or nothing. So in turn, legends are more aggressive with lawsuits because there is less opportunity for them to cash in on their namesake. The exclusive license creates a butterfly effect that damages in ways most people don't care to notice.

The legends are making a one time easy money grab. It's as if they didn't make enough or save enough when they were playing.

They can cash in on their name sake in many other ways than video games. It's just too easy to sit in the recliner and make money on this.

I highly doubt Tony Dorsett or Earl Campbell are sitting down and thinking aloud, if I were in more football games, I could make much more money.

[kjcheezhead]

Quote: Originally Posted by roadman

The legends are making a one time easy money grab. It's as if they didn't make enough or save enough when they were playing. They can cash in on their name sake in many other ways than video games. It's just too easy to sit in the recliner and make money on this. I highly doubt Tony Dorsett or Earl Campbell are sitting down and thinking aloud, if I were in more football games, I could make much more money.

Easy money grab? It's a lawsuit that could take a decade or more to see anything.

Would you not be upset if you're Tony Dorsett or Earl Campbell and you go to your mailbox and find a check from EA that you feel is half what you're worth to them, knowing you could have a bidding war on your likeness if there was a 2k version of MUT. Or better yet, that you could be collecting 2 checks worth your true value instead of 1 for what EA decides it is?

It doesn't matter how much they made or spent playing. That's irrelevant to what they deserve to get from having their likenesses used in products today. The exclusive limits those opportunities. That's a fact that's indisputable.

[aholbert32]

Quote: Originally Posted by kjcheezhead

Easy money grab? It's a lawsuit that could take a decade or more to see anything. Would you not be upset if you're Tony Dorsett or Earl Campbell and you go to your mailbox and find a check from EA that you feel is half what you're worth to them, knowing you could have a bidding war on your likeness if there was a 2k version of MUT. Or better yet, that you could be collecting 2 checks worth your true value instead of 1 for what EA decides it is? It doesn't matter how much they made or spent playing. That's irrelevant to what they deserve to get from having their likenesses used in products today. The exclusive limits those opportunities. That's a fact that's indisputable.

It wont take anywhere near a decade. If anything, this will likely be settled given that EA wasnt able to get the suit tossed at the early stages and they dont have much of an argument based on the precedent set by the Kellert and Obannon cases. Plus, EA has no real incentive to go to trial. Like most major corporations, EA likely has an E&O insurance policy that covers likeness claims and their insurer is going to foot the bill.

[roadman]

Quote: Originally Posted by kjcheezhead

Easy money grab? It's a lawsuit that could take a decade or more to see anything. Would you not be upset if you're Tony Dorsett or Earl Campbell and you go to your mailbox and find a check from EA that you feel is half what you're worth to them, knowing you could have a bidding war on your likeness if there was a 2k version of MUT. Or better yet, that you could be collecting 2 checks worth your true value instead of 1 for what EA decides it is? It doesn't matter how much they made or spent playing. That's irrelevant to what they deserve to get from having their likenesses used in products today. The exclusive limits those opportunities. That's a fact that's indisputable.

Aholbert answered for me, my whole post was predicated on EA settling out of court, not taking a decade to wait everything out.

In addition, I don't think anyone, retired players or anyone lives in the what if world. If a person lives in that space, that person probably has a lot of regrets in life. That is a fact that is indisputable, too.

I find it highly unlikely Dorsett or Campbell sit back and wonder what if 2K made a game too. That's similar to an investor stating, I lost a lot of money on my CoorsMiller stock, I wonder what would happened if I bought and sold Apple stock instead.

I'm not saying the retired players don't deserve their money from EA from the likeness issue, I'm saying they aren't entitled to anything they don't have control over on what ifs.

And that's it from me on any license talk because it's a quite a reach from the topic at hand. I'll agree to disagree on that note.

[4thQtrStre5S]

I hate lawyers, they have to be the lowest form of life, along with people who bring up these kinds of lawsuits.

[redsox4evur]

Quote: Originally Posted by 4thQtrStre5S

I hate lawyers, they have to be the lowest form of life, along with people who bring up these kinds of lawsuits.

I'm going to make a multi-hundred MILLION dollar game using full likeness without your name and not pay you? What would you do? Would you say I am fine with this or would want some sort of payment?

[Toupal]

Quote: Originally Posted by redsox4evur

I'm going to make a multi-hundred MILLION dollar game using full likeness without your name and not pay you? What would you do? Would you say I am fine with this or would want some sort of payment?

Well if you're a flop in the pros like Ed O'Bannon and Sam Keller, you're going to be searching for some kind of paycheck.