Madden 2010 News Post

NFL Antitrust: What it Means for the Sports Video Game Industry

09:27 AM - April 13, 2009 by RaychelSnr

EA’s exclusive NFL license agreement could potentially be in jeopardy if apparel manufacturer American Needle Inc. has their way. Sure, it seems odd that something that has nothing to do with video games could affect them in such a large way, but it is true.

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# 21 S1ARk5 @ 04/13/09 01:23 PM

I would pay $100 for an NFL game done by the same team that developed 2k5, even if it means not having all the NFL teams, heck I would never buy Madden again if All Pro Football had a franchise/dynasty. To me that is the best playing football game ever.

Ofcourse we would need the customizable tools that a winning eleven/PES gives to their games as well...

# 22 SageInfinite @ 04/13/09 01:35 PM

Quote:

Originally Posted by shotgun styles


	For Natural Motion, Adaptive AI, Custom Playbooks, and Online Franchise I would pay $250.

Don't give EA any ideas!

# 23 blackpuppy @ 04/13/09 02:07 PM

Why don't they just sell the games sans official team logos and players and let you buy the licensing on an individual basis online. For example buy Fifa, Madden etc as the game with made up players for like $39 buck and let people buy the license online for like $15 bucks.

# 24 The.Nacirema.Dream @ 04/13/09 02:21 PM

As a law student who is currently studying antitrust law, I would like to shed some light on the situation.

The sole issue here is the trial courts finding, and the 7th Circuit Court of Appeals affirmation, that the NFL and its 32 teams are a "single entity," ie. akin to a parent corporation and a wholly-owned subsidiary. If found to be so, section 1 of the Sherman Act, which outlaws "every contract, combination in the form of trust or otherwise, or conspiracy..." by definition cannot apply because for a section 1 violation there has to be two or more parties working in concert.

By contrast, section 2 of the Sherman Act outlaws "monopolizing or attempting to monopolize" by a single entity. American Needle also brought a claim under section 2 (which was also rejected), however that issue is not going to be argued in front of the Supreme Court if they decide to take the case (It is currently under guidance of the Solicitor General).

The last case the Supreme Court decided using the "single entity" theory was in 1984 (Copperweld Corp. v. Independence Tube Corp.). Since then, lower courts have stretched the "single entity" theory to various other business arrangements, ie. affiliated companies involved in joint ventures. The Supreme Court expressing an interest in this case is in all likelihood a signal that lower courts have gone too far in their findings, and the Supreme Court will clarify the doctrine.

Most likely the NFL will be found to be a single entity, as the "NFL can only function as one source of economic power when collectively producing NFL football." Other arrangements that single entity immunity has been extended to, however, may not be as lucky.

# 25 wildthing2022000 @ 04/13/09 02:32 PM

Quote:

Originally Posted by blackpuppy


	Why don't they just sell the games sans official team logos and players and let you buy the licensing on an individual basis online. For example buy Fifa, Madden etc as the game with made up players for like $39 buck and let people buy the license online for like $15 bucks.

That just sounds so dumb, sounds like buying an official hat but you have to buy the team patch and stitch it on. This whole lawsuit reeks of sore loserdom to me. "Wah, we lost the bid & now we're gonna sue."

# 26 marcoyk @ 04/13/09 03:23 PM

It would be great if we got many options for video games. As the monopoly idea goes, competition makes a better product. Realistically, EA could release a mediocre Madden game , and it would probably outsell any other company's title. I'm 15 years old, and I haven't heard of anybody owning a football game other than Madden. If three companies were producing NFL football games, then we'd surely see some great games.
I've bought Madden 2004, 2005, 06, 07 for two systems, 08, 09, and there's about a 99% chance that I'm going to buy Madden 10. But if the teams were split up... strong considerations of not buying a Madden game for the first time since i was 9.

# 27 boston_sports_maniac @ 04/13/09 03:28 PM

Madden is just fine with me. I would do anthing to play madden on xbox 360 or ps3. but I am stuck with the dumb old wii. You 360/ps3 owners really dont't know who good you have it.

# 28 marcoyk @ 04/13/09 03:35 PM

I felt your pain. I used to only have a Wii and i was forced to get my sports games fill on the wii. I bought nba live 08 for wii... i started laughing about how much of a horrible product it was. Controls: move, shoot, jump, pass. that's it. then i got a 360 and came a little. i've played my wii maybe 5 times in the year that i've had my 360.

# 29 ballaspence9493 @ 04/13/09 05:08 PM

tht would b so lame if there was one conference in one game and then another in another game. hopefully, it'll never come to this

# 30 bears5122 @ 04/13/09 06:13 PM

I don't see where you guys are getting this "only half the teams in the game". The NFL acts as a single entity. The issue is limiting who they sell the rights to, not whether each team owns their individual trademark.

The only change that we would see is other game companies being given the right to purchase the licensing agreement to the NFL and NFLPA. That is how it was done for decades. The stuff about not having the rights to every team is just scare mongering that EA is filtering through the pipes to save face on PR.

I know that the complaint argues about the individual teams, but a judgment against the NFL would simply force them to open up the license to other companies. A much easier solution for them than granting each team individual rights.

# 31 metal134 @ 04/13/09 09:15 PM

I am certainly not an expert in the field, but I have a little bit of background in media and privacy laws as part of my Communication degree, so take this for what it's worth. I don't think that the Madden license is not an anti-trust issue, at least as far as the players are concerned. Privacy laws dictate that a celebrity's image is a commodity, one which they have control to sell and market. This would extend to the NFLPA as a group. Basically, they have the right to sell their likeness to whomever they want, however they want. So even if the NFL were to somehow lose this lawsuit, which I honestly don't see happening, you would still have separate issue of NFL licensing and player image licensing. That would mean another NFL game without real players. Another thing to consider is that in regards to privacy laws, corporations are often treated as a single likeness (which has already been mentioned in this thread) and as such, are often granted the same rights as individuals, which would mean that the NFL would be treated as a person in regards to privacy laws and the selling (or witholding) of their image. Again, I'm not an expert and there are probably some intricacies and interpretations that affect the argument which I have laid out, but still, I don't believe the NFL will lose this case and even if they do, I don't believe it open the door for 2K.

# 32 travis a.d. @ 04/13/09 09:58 PM

Quote:

Originally Posted by TheCreep


	I'm with ya. I love it. Most folks do actually. 2010 is going to be the year!

one can only hope.

# 33 canes21 @ 04/13/09 10:00 PM

I doubt this case will go in our favor, but at least something is actually happening. If more and more people start to attack this, we might see change. Maybe if 10 shapes up to what I think it will, we won't need to worry about 2k. But going off past Maddens, we need competition.

# 34 Hendrick4life @ 04/14/09 07:16 AM

Right, I just wouldnt like playing without 32 Teams. Then its not the NFL. Id like all 32 Teams even if it means keeping EA. But...I play ESPN 2K5 With updated Rosters & Other things so im not worried until that gets wayyyy to old.

# 35 NYCNNJ @ 04/14/09 07:39 AM

Some of you keep talking about how HORRIBLE, 2K sports games are. EA arent that much better and at the moment, they have exclusive rights and their games may even worse. NBA Live is horrible, NHL Hockey, eh, Madden, eh, the only game that worth purchasing is NCAA Football.

# 36 Cryolemon @ 04/14/09 08:20 AM

Quote:

Originally Posted by Hendrick4life


	Right, I just wouldnt like playing without 32 Teams. Then its not the NFL. Id like all 32 Teams even if it means keeping EA. But...I play ESPN 2K5 With updated Rosters & Other things so im not worried until that gets wayyyy to old.

People aren't saying there should be less than 32 teams in the game, just that some would be generic.

# 37 Swingking77 @ 04/14/09 08:26 AM

I find the subject redundent to be honnest... HUGE 2K sports fan here as well... The problem is not the licences, the problem is 2K's unwillingness to release a generic football game with complete control over players/team/location names... It would be as simple as making a generic game which allows people to make changes to key things like names/uniforms/stadiums that keeps the football world or gaming down... The licence can only be held acountable for sooo much. I think the OS forums have shown that with very little ability to mod things in the 2K5 games, we're done just fine at keeping it going... Emblems and all this king of thing could simply be added via DL, much like Forza does for the car industry... After that it's community based effor that would run with it and make a game... BUT, and this comes after years of waiting, I think that 2K simply doesn't want to do this as if they do this, when the Madden licence is remooved or is no longer in place, there will still be people modding this modable game, rendering their slice of the NFL pie worthless... They're still holding on to a shred of hope that the licence will be revoked and that they'll be able to get back in there, as such giving people total control of what can be done with the game doesn't makes sence at this time until such a time as the dispute is 100% resolved... Both sides are screwing the gamer in a big way... It's taken time, but I'm holding 2K just as responcible here as I am EA...

# 38 vinny_b @ 04/14/09 09:25 AM

"Yuck.That would kill video football period in my opinion"

EA already did that. I haven't done so much as look at a football videogame, since NFL 2k5

# 39 Swingking77 @ 04/14/09 09:48 AM

Quote:

Originally Posted by vinny_b


	"Yuck.That would kill video football period in my opinion" EA already did that. I haven't done so much as look at a football videogame, since NFL 2k5

Competition is NEVER a bad thing... Period. It's better to have a 13 year old boy in the ring against a heavy weight then it is to simply have the heavy weight standing there alone...

# 40 zgames @ 04/14/09 10:01 AM

Quote:

Originally Posted by SageInfinite


	Also I wonder how this would effect the NCAA football license? Would they have to give up the exclusive rights as well?

NCAA is different. To my knowledge, all of the college teams do have the ability to operate as single entities. I believe by acquiring the exclusive NCAA license, EA primarily has the exclusive right to call it NCAA Football. I would assume they have an exclusive on the BCS as well. The majority of teams use a company called the Collegiate Licensing Company to represent them, but there are some schools like Notre Dame and Virginia Tech that choose to represent themselves.

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