NCAA Football 11 News Post

NCAA Sam Keller vs. EA Update (Patent Arcade)

07:18 PM - February 14, 2010 by Steve_OS

Patent Arcade has an update on the situation.

Quote:


	"In this round of motions, EA argued that Keller�s claims were barred by the First Amendment and other possible defenses under California law. As to EA�s First Amendment argument, the court stated that �[a] defendant may raise an affirmative defense that the challenged work is protected by the First Amendment inasmuch as it contains significant transformative elements or that the value of the work does not derive primarily from the celebrity�s fame. . . . The defense poses what is essentially a balancing test between the First Amendment and the right of publicity.� Slip. Op. at 6-7 (internal quotes and citations omitted). With this standard in mind, the court determined that �EA�s depiction of [Keller] in �NCAA Football� is not sufficiently transformative to bar his California right of publicity claims as a matter of law.� Slip. Op. at 9. In arriving at this conclusion, the court noted that the quarterback for ASU in the game shares many of Keller�s characteristics, as the in-game ASU quarterback wears Keller�s jersey number, has the same height and weight, and is purportedly from the same home state. Id."

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Member Comments

# 1 rudyjuly2 @ 02/14/10 07:42 PM

I see these lawsuits as big trouble. I think EA will have to create an open and online roster editor for people to share stuff easily because NCAA 12 will have totally crap and random rosters.

# 2 BaylorBearBryant @ 02/14/10 08:26 PM

Thanks for the update Steve.

# 3 prowler @ 02/14/10 08:28 PM

Keller won't give up, I'll give him that much. Too bad he didn't have this same determination when he was at ASU and Nebraska, we might not be dealing with this if he did.

# 4 yanks26ngoin @ 02/14/10 10:22 PM

Someone really wants to become one of the most hated figures in America.

# 5 SeaOfRed75 @ 02/14/10 10:42 PM

Quote:

Originally Posted by prowler


	Keller won't give up, I'll give him that much. Too bad he didn't have this same determination when he was at ASU and Nebraska, we might not be dealing with this if he did.

Exactly, Keller was a douche in his short stay here in Lincoln. Thanks for this idiot being associated with Nebraska, Callahan.

# 6 boisejames @ 02/15/10 12:44 AM

Quote:

Originally Posted by yanks26ngoin


	Someone really wants to become one of the most hated figures in America.

I wouldn't go that far. No one besides hardcore NCAA gamers know about this lawsuit. No one besides hardcore college football fans/Nebraska or ASU fans know who he is.

# 7 aimiami @ 02/15/10 02:51 AM

ok hes the only guy to complain about this
so the choices are to make this 1 guy happy or just IGNORE THIS THING. i dont see anybody else complaining about this "problem"

# 8 moylan1234 @ 02/15/10 03:04 AM

there have been others Ed Obannon's got something going too

# 9 wrigleyville33 @ 02/15/10 03:28 AM

I don't understand, I'm sure pretty much everyone who plays real ncaa football loves to see themselves portrayed in the game.

# 10 elgreazy1 @ 02/15/10 10:19 AM

Yes, but not every player who plays likes to have money made off of him without any benefit to the player. That's what Keller is arguing for. It's basically identity theft and the theif is making millions.

# 11 chicubsfan20 @ 02/15/10 10:27 AM

Quote:

Originally Posted by elgreazy1


	Yes, but not every player who plays likes to have money made off of him without any benefit to the player. That's what Keller is arguing for. It's basically identity theft and the theif is making millions.

Not to ruin what he's trying to do, but what if he had made the NFL? And was able to have a professional career there? Do you think he'd still be going after the NCAA then?

Maybe this is a money figure. But I don't truly know.

Not trying to say anything about him, just throwing this point-of-view out there.

# 12 BroMontana82 @ 02/15/10 10:33 AM

keller is a selfish pr!%k

# 13 videlsports @ 02/15/10 10:39 AM

I belive if sam keller would have made the NFL this would not be an issue. During his time in college, he probably bragged about being in a video game, and also purchased the game with him on it. It was a bagde of honor. The players that complain about this while they are in college or shortly after graduating that complain might have a good case. Not because I did not make it in the NBA/NFL. These guys probably slacked off in class, though that their athletic ability would take them everywhere in life and found out the hard way, that it takes hard work in all aspects of life to be successful. An education at any of these schools for free or partial scholarship would be a blessing to anyone now. Just leave classic rosters out and this will die down quick.

# 14 da ThRONe @ 02/15/10 10:59 AM

Ofcourse if he was making NFL dollars this wouldnt be an issue ,but he didnt so that arguement is irrelevant.

At first I was on the young men side's with this situation. But being on OS a reading some very well thought out stances. A free ride to a major university is a ton of money on its own. These parents need to start teaching their kids to take advantage by getting those diploma's.

From what I understand just like pro-players sign there likeness away when they sign a NFL contract. A college kid signs those likenesses away for free when they sign those LOI's.

# 15 prowler @ 02/15/10 01:26 PM

Quote:

Originally Posted by JerseySuave4


	if he wins this case it goes beyond just a video game. Then basically either the NCAA has to pay players (which opens up pandora's box and ruins college sports) or the NCAA will just stop putting anything with players on anything. That means selling jerseys with a current player's number, posters with player's pictures, and basically anything else because those can be considered based on player's likenesses just like the video game.

That's not going to happen, there's a reason he decided to go after EA and not the NCAA. As we're witnessing he has a legitimate chance of winning against EA, the same can't be said against an educational institution.

Against EA he can (and will) make the argument that a publicly traded company is profiting off his likeness without his permission, the same can't be said for the NCAA. He was offered a chance at a free education from two major universities, something that costs the average person tens of thousands of dollars.

If he were to go after the NCAA, all they'd do is show him the bill for what he would've paid in tuition, books and housing adjusted for inflation with interest (since I doubt he was smart enough to get academic scholarships and would've taken out loans) and his lawsuit goes away quietly.

# 16 RaychelSnr @ 02/15/10 03:07 PM

Quote:

Originally Posted by prowler


	That's not going to happen, there's a reason he decided to go after EA and not the NCAA. As we're witnessing he has a legitimate chance of winning against EA, the same can't be said against an educational institution. Against EA he can (and will) make the argument that a publicly traded company is profiting off his likeness without his permission, the same can't be said for the NCAA. He was offered a chance at a free education from two major universities, something that costs the average person tens of thousands of dollars. If he were to go after the NCAA, all they'd do is show him the bill for what he would've paid in tuition, books and housing adjusted for inflation with interest (since I doubt he was smart enough to get academic scholarships and would've taken out loans) and his lawsuit goes away quietly.

That's actually a false point of view on this lawsuit. First, Keller is simply the defendant named in the lawsuit, but it has support from many former NCAA athletes who didn't make the big time. There are actually a couple of other suits out there that are pretty much the same as Keller's. This won't go away anytime soon. Also, the scholarships do not matter whatsoever when discussing this. It'd be like trying to argue whether the light was on or off during a robbery, it's really irrelevant to the entire case of "Did person z rob person y of item x".

What is in question is should EA and the NCAA be allowed to use strikingly similar player likenesses in video games which both profit off of without the players permission or without any of those licensing fees going back to the player. It is, in a lot of ways, the same thing as the Ed O'Bannon case. Unless the NCAA has players sign their likenesses away when they play college sports, both EA and the NCAA could be in serious hot water here.

# 17 knighthawksfan @ 02/15/10 05:37 PM

**** that guy damn u sam keller for ruining everything bro. Now ea can't even focus on making ncaa basketball 11 geez. ****ing cornhuskers LOL

# 18 GaryT531 @ 02/15/10 06:10 PM

Forgive me for being captain negative, but to me it doesn't even matter anymore since EA has put out nothing but grap for 5 years now on next gen systems in my opinion.

Finally, Madden is starting to come around. Unless NCAA 11 is much better than in years past, then I'm done with that series. Adios NCAA Basketball series, I will not miss you.

# 19 GaryT531 @ 02/15/10 06:11 PM

lol i said grap. CRAP

# 20 stoncold32 @ 02/23/10 01:21 AM

If the game was really good, I'd be really ticked off about this. But since it's not, I'm really not too bothered.

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