Peter Moore on NCAA Football, "We'll Be Back"

[tessl]

Quote: Originally Posted by Junior Moe

The schools and NCAA are still totally free to license with whomever they please. The hangup was/is the player avatars and how much they resemble real current athletes. Take that out the equation with generic rosters and problem solved. Just look at how NBA 2K has done it. There isn't a collegiate player on any of the licensed college teams (Kansas, Texas, etc.) in the game who could make a likeness claim. They took extra measures to ensure that the players were "generic", even numbered them numerically. College sports has always been about the schools, conferences and NCAA to me. Not necessarily the players. I honestly don't care about players getting paid or whatever. That's for the courts. Just give me a football game with my Georgia Bulldogs and let me play in the SEC against Florida. I'd even be fine with not being able to download or roster share roster files. Whatever is necessarily to keep the lawyers off the game producers, NCAA and schools.

My free advice to EA would be to get their lawyers together with the NCAA lawyers and request clarification in advance of making a game from the courts on what would pass legal muster. That way no surprises.

Show the judge(s) in advance the algorithm used to generate player likenesses and names. Get clarification on the amount of editing allowed. Get everything cleared in advance to avoid a lawsuit. The courts need to more than just issue edicts to be followed. The courts need to be partners in moving things forward to achieve a solution.

[BROman]

Quote: Originally Posted by ODogg

If they can get the NCAA on board. If not I doubt they'd make a game at all. The days of having "South Bend" instead of "Notre Dame" have passed as consumers won't tolerate that I don't think, too used to the real schools.

EA doesn't need the NCAA; EA needs licensing from the schools, conferences, bowls, the CFP, etc. which doesn't come w/ an NCAA license. EA made games w/o the NCAA before (Bill Walsh 95, Coach K CBB, CFUSA '96 & '97) & were prepared to do so again before schools and conferences pulled out of CFB '15. If the schools and conferences hadn't pulled out, EA would still be making a CFB game. School licensing for 2K does provide some hope that we'll get CFB back sooner rather than later.

[TimLawNYC]

Quote: Originally Posted by tessl

My free advice to EA would be to get their lawyers together with the NCAA lawyers and request clarification in advance of making a game from the courts on what would pass legal muster. That way no surprises. Show the judge(s) in advance the algorithm used to generate player likenesses and names. Get clarification on the amount of editing allowed. Get everything cleared in advance to avoid a lawsuit. The courts need to more than just issue edicts to be followed. The courts need to be partners in moving things forward to achieve a solution.

EA can't just work with the courts to make this happen; courts don't work that way. The type of preliminary approval you're talking about would require EA to actually bring its own lawsuit for a declaratory judgment that it isn't using any player's likeness, but there would be a whole host of legal problems with that kind of suit here, and it's unlikely that any court would be willing to issue such a decision in the abstract. Courts generally decide disputes between parties; they aren't legal consultants that help you figure out what's legal and what isn't (that's what lawyers are for).

[tessl]

Quote: Originally Posted by TimLawNYC

EA can't just work with the courts to make this happen; courts don't work that way. The type of preliminary approval you're talking about would require EA to actually bring its own lawsuit for a declaratory judgment that it isn't using any player's likeness, but there would be a whole host of legal problems with that kind of suit here, and it's unlikely that any court would be willing to issue such a decision in the abstract. Courts generally decide disputes between parties; they aren't legal consultants that help you figure out what's legal and what isn't (that's what lawyers are for).

It would be worth a try. Is it really abstract? It has already been in the courts, this would simply be asking for clarification.

[fballturkey]

What EA needs the NCAA to do is allow players to be compensated for their likeness. Then they could write some checks and get all the rights they need to make a game that is not only totally legal but also has actual player names when it ships.

[seasprite]

Quote: Originally Posted by fballturkey

What EA needs the NCAA to do is allow players to be compensated for their likeness. Then they could write some checks and get all the rights they need to make a game that is not only totally legal but also has actual player names when it ships.

Kinduv destroys the whole amateur thing in college sports. Can't just pay college football players for their likeness.

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[fballturkey]

Quote: Originally Posted by seasprite

Kinduv destroys the whole amateur thing in college sports. Can't just pay college football players for their likeness. Sent from my SM-G935V using Tapatalk

You're assuming the amateur thing in college sports is worth saving. To a degree I don't think it is, and I think it was already destroyed as soon as recruiting for sports (and especially relaxing admissions criteria for athletes) began. Now we've got a worst of both worlds where the NCAA, formerly EA, and some schools are making lots of money while the people responsible for that money being made aren't compensated at all.

I'm not necessarily arguing for paying the athletes directly, but I do think it's extremely unfair to tell them "we're going to make millions off of jerseys with your number, selling TV contracts to watch you play, ticket sales, etc but you're not allowed to accept a couple thousand (or hundred) for a videogame maker to put you in a game." Why not?

[redsox4evur]

Quote: Originally Posted by fballturkey

You're assuming the amateur thing in college sports is worth saving. To a degree I don't think it is, and I think it was already destroyed as soon as recruiting for sports (and especially relaxing admissions criteria for athletes) began. Now we've got a worst of both worlds where the NCAA, formerly EA, and some schools are making lots of money while the people responsible for that money being made aren't compensated at all. I'm not necessarily arguing for paying the athletes directly, but I do think it's extremely unfair to tell them "we're going to make millions off of jerseys with your number, selling TV contracts to watch you play, ticket sales, etc but you're not allowed to accept a couple thousand (or hundred) for a videogame maker to put you in a game." Why not?

The NCAA thinks it worth saving. So, college athletes aren't getting paid anytime soon.


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