NCAA Football 12 News Post

Judge Nixes NCAA Players Antitrust Claims -- Case Not Over...Yet

01:02 PM - May 4, 2011 by RaychelSnr

You may remember the NCAA players lawsuit which claimed anti-trust violations occurred by EA and the NCAA in using college players likenesses right? Yesterday, the NCAA players lawsuit's anti-trust claims against EA and the NCAA were shot down by Judge Claudia Wilken.

Quote:


	"A California federal judge on Monday nixed putative class antitrust claims that Electronic Arts Inc. plotted with the NCAA and its licensing firm to profit improperly off college athletes' likenesses. U.S. District Judge Claudia Wilken dismissed claims that the video game company, along with the NCAA and The Collegiate Licensing Co., conspired to avoid paying student basketball and football players for the use and sale of their likenesses in popular NCAA-themed video games. However, the judge granted the players two weeks to amend their antitrust allegations."

This isn't a complete dismissal of the lawsuit, and I think that needs to be stressed. But it is a serious blow against Keller and Co's case for sure. We'll keep on top of this case as we have since the beginning!

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# 1 N51_rob @ 05/04/11 01:15 PM

Glad to hear this nonsense is on its way to a head.

Sent from my DROIDX using Tapatalk

# 2 mWolfe @ 05/04/11 01:22 PM

Quote:

Originally Posted by MMChrisS


	You may remember the NCAA players lawsuit which claimed anti-trust violations occurred by EA and the NCAA in using college players likenesses right? Yesterday, the NCAA players lawsuit's anti-trust claims against EA and the NCAA were shot down by Judge Claudia Wilken. This isn't a complete dismissal of the lawsuit, and I think that needs to be stressed. But it is a serious blow against Keller and Co's case for sure. We'll keep on top of this case as we have since the beginning!

Didn't they shoot down Jim Brown as well when he tried to sue E.A for using his likeness as well in Madden. I do believe they did, so I am not to shocked to see them shoot down Keller and company as well. Now the other lawsuit I would like to see shot down is the suing of Madden for exclusive rights and so forth. Also if any one has heard of the Hawaii man suing Lineage II for making to addictive, which was allowed to proceed but I haven't seen any news of a full decision on that one yet.

# 3 Canes305 @ 05/04/11 01:25 PM

What likeness??they are generic players o_O

# 4 PaperBoyx703 @ 05/04/11 01:28 PM

Oh great to have an update, I was just looking for an update on this earlier today and came up blank. Yeah, I am hoping this goes away fast because this suit was nonsense claiming money wasn't the motivation for this charge.

# 5 Maxattax3 @ 05/04/11 01:28 PM

Quote:

Originally Posted by Canes305


	What likeness??they are generic players o_O

exactly, and "Keller" in the game was actually good.

# 6 aholbert32 @ 05/04/11 01:49 PM

Quote:

Originally Posted by SECElite3


	I am sorry, this is a ridiculous law suit and it is clear that money is the pure motivation for it. There are no names on the Jerseys, the faces are generic, and for the love of... I do not see how a number and equipment can reflect ones "likeness" Who the heck is Same Keller anyway

I actually think thats BS. Thats the same BS argument the NCAA uses when selling jerseys. "Yes we know its a Florida jersey with the number 15 but we arent selling Tim Tebow's jersey". The fact is when you are playing NCAA 12 with Michigan's QB #16.....you know you are playing with Denard Robinson. EA knows you are playing with Robinson. Same with the NCAA. Its his likeness being used.

EA could have gotten around this but completely randomizing the numbers and likenesses. Make Andrew Luck black and with a different number but give people the option of changing skin color and numbers.

Whats funny is a colleague of mine is one of EA's attorneys on this case.

# 7 Canes305 @ 05/04/11 02:07 PM

Quote:

Originally Posted by Maxattax3


	exactly, and "Keller" in the game was actually good.

If was them, I would sit down and play football to get your free education.

# 8 cch99 @ 05/04/11 02:11 PM

I'm with aholbert on this. I mean all you have to do is go into these forums around the time the game comes out and look at the people complaining about the ratings of certain players. It's not a direct likeness but so many things match up that it's totally obvious that the player is based on a real person.

Put yourself in the shoes of the athletes. Were that you would you think that the character in the game had nothign to do with you ? I don't disagree that it's all about money thiough. Anymore, what in life doesn't seem like it comes down to money.

Totally randomize, jersey numbers, skin color, height, weight, etc. As long as people can still edit rosters and whatnot and not sell them for money they will. And then the players lose there argument,

# 9 Dame @ 05/04/11 02:20 PM

Quote:

Originally Posted by aholbert32


	Whats funny is a colleague of mine is one of EA's attorneys on this case.

Sidenote I know one of EA's attorney on the case too. I dont have no info on the case or anything close(never even spoke about the case) just found it odd that someone else knows someone on that team as well could be the same person.

back to the subject I'm torn on the decision. I'm for the players getting paid but dont want EA sports to be liable so they change the game for my own personal reasons

# 10 spfalla @ 05/04/11 02:55 PM

This really irritates me. the players want money for EA using a model that looks like them. I'm fine with that but the players are being paid, it's called a scholarships. The school pays them to play for their school and in turn they get a free education. What more do these kids want?

# 11 aholbert32 @ 05/04/11 03:13 PM

Quote:

Originally Posted by spfalla


	This really irritates me. the players want money for EA using a model that looks like them. I'm fine with that but the players are being paid, it's called a scholarships. The school pays them to play for their school and in turn they get a free education. What more do these kids want?

The players get scholarships to PLAY FOOTBALL. Not so the NCAA or EA can make more money by using their likeness in a football game. Its really that simple.

Same with the pros. NFL players get money from teams to play football. They get more money from EA through the player's union to use their likeness in Madden.

# 12 saunders45 @ 05/04/11 03:18 PM

Quote:

Originally Posted by aholbert32


	The players get scholarships to PLAY FOOTBALL. Not so the NCAA or EA can make more money by using their likeness in a football game. Its really that simple. Same with the pros. NFL players get money from teams to play football. They get more money from EA through the player's union to use their likeness in Madden.

So you'd also be ok with paying $50 or more for each college football game you watch on TV? Because the TV networks are doing far worse with players than NCAA football. The PAC12 just negotiated a TV contract worth $1,000,000,000, and the players don't see a dime of it. That's way worse than some video game.

# 13 aholbert32 @ 05/04/11 03:37 PM

Quote:

Originally Posted by saunders45


	So you'd also be ok with paying $50 or more for each college football game you watch on TV? Because the TV networks are doing far worse with players than NCAA football. The PAC12 just negotiated a TV contract worth $1,000,000,000, and the players don't see a dime of it. That's way worse than some video game.

Thats a bad comparison. One, giving players a small percentage of the tv rights fees would not cause TV networks to start charging for all televised sports games. The goal of a TV network is to get as many people to watch its programming as possible. Making college football completely pay per view would be counter to that.

Two, a decent comparison to the video game dispute is apparel like jerseys and t-shirts. A video game is a product. EA and the NCAA are selling that product partially bu using the likeness of college players. Just like the NCAA is doing the same thing with most of the jerseys it sells.

# 14 Dbrentonbuck @ 05/04/11 03:46 PM

Sorry, but this is a stupid argument. Most of these player receive educations that are worth upwards of $50,000. I am 38 years old and still paying student loans. This sense of entitlement is what is wrong with our country today. I would let them use my kid's likeness any way they wanted for a completely free education at some of the finest schools in the country. I notice none of these athletes gave back their scholarships when they first realized they were in a video game did they? No, they waited until they knew for sure the NFL didn't want them and they had already raped the system for a free education before being offended. If an institution gave me a free education I could only hope my likeness or jersey could in some way repay them. Don't be a fool to think that these kids don't use the limelight that playing college sports gave them to make money either. I know that the very first thing a lot of these kids do when they graduate is sign mechandise and autographs at sports memorabili stores. I see it every year. The problem is that the NCAA needs to change their regulations to say that if you accept a free education from us then we have rights to use your likeness until the day you die. Don't think it is fair? Then don't accept a scholarship. There are thousands who will gladly take yours.

# 15 pmurray20 @ 05/04/11 03:56 PM

all honesty, I think the players should get something from this game. As well if they just randomized jerseys,skin color, attributes, everything to just make random players and you couldnt fix it, i probably wouldnt even buy the game

# 16 aholbert32 @ 05/04/11 04:00 PM

Quote:

Originally Posted by Dbrentonbuck


	Sorry, but this is a stupid argument. Most of these player receive educations that are worth upwards of $50,000. I am 38 years old and still paying student loans. This sense of entitlement is what is wrong with our country today. I would let them use my kid's likeness any way they wanted for a completely free education at some of the finest schools in the country. I notice none of these athletes gave back their scholarships when they first realized they were in a video game did they? No, they waited until they knew for sure the NFL didn't want them and they had already raped the system for a free education before being offended. If an institution gave me a free education I could only hope my likeness or jersey could in some way repay them. Don't be a fool to think that these kids don't use the limelight that playing college sports gave them to make money either. I know that the very first thing a lot of these kids do when they graduate is sign mechandise and autographs at sports memorabili stores. I see it every year. The problem is that the NCAA needs to change their regulations to say that if you accept a free education from us then we have rights to use your likeness until the day you die. Don't think it is fair? Then don't accept a scholarship. There are thousands who will gladly take yours.

See I hate this kind of attitude. I get paid good money to do my job. I'm thankful for the amount I get paid. But if I found out my job was selling T-shirts with my face on them, charging 20 bucks a pop for them and my job was making millions off of them.....I would want my damn cut.

Its the same with college athletes. One, you are wrong about most of them getting merchandise money. There are 10,000 Division 1-A football players each year. Maybe 200-300 tops sign memorabilia deals or merchandise deals when their college career is over. Two, they didnt "rape the system". They held up their end of the bargain. They played college football. The school gave them a scholarship. That was the extent of the deal. There was no likeness deal.

Three, if any top football player agreed to that ridiculous suggestion that in exchange for a 50k scholarship they give up their likeness rights for life....that player is dumbest person on earth.

# 17 Dame @ 05/04/11 04:13 PM

Quote:

Originally Posted by Dbrentonbuck


	Sorry, but this is a stupid argument. Most of these player receive educations that are worth upwards of $50,000. I am 38 years old and still paying student loans. This sense of entitlement is what is wrong with our country today. I would let them use my kid's likeness any way they wanted for a completely free education at some of the finest schools in the country. I notice none of these athletes gave back their scholarships when they first realized they were in a video game did they? No, they waited until they knew for sure the NFL didn't want them and they had already raped the system for a free education before being offended. If an institution gave me a free education I could only hope my likeness or jersey could in some way repay them. Don't be a fool to think that these kids don't use the limelight that playing college sports gave them to make money either. I know that the very first thing a lot of these kids do when they graduate is sign mechandise and autographs at sports memorabili stores. I see it every year. The problem is that the NCAA needs to change their regulations to say that if you accept a free education from us then we have rights to use your likeness until the day you die. Don't think it is fair? Then don't accept a scholarship. There are thousands who will gladly take yours.

I would agree 100% with you if the scholarship was play football for us and we will give you 10k a year toward education and room and board. On the surface that seems fair. But I think the problem is more complex than that( see the fiesta bowl problems).

at 17 years old I would have jumped at the scholarship as well but at 30 and with some hindsight it dont seem like a fair trade(for superstar players and its only 10 or so great players each year). superstar players will argue that their value is more than 10k(you will never hear someone argue the opposite) the other side will argue its because of the college that your value has risen you will never find a fair medium.

This will all be mute if the NFL goes on strike and the courts find the NFL draft illegal because people will start leaving for the NFL as soon as they are ready there wont be a collective bargain in place to stop them.

A perfect world for me we pay the players and my gaming price dont go up but I dont think thats going to happen. I think they should get paid but i dont have a problem with them not getting paid either I just hate the argument of if that was me.

# 18 Cryolemon @ 05/04/11 04:19 PM

Quote:

Originally Posted by cch99


	Put yourself in the shoes of the athletes. Were that you would you think that the character in the game had nothign to do with you ?

I wouldn't care all that much to be honest. I can see why people might though.

As for the issue at hand, would it be reasonable to have a voluntary waiver saying something like "I give the NCAA and it's partners the right to use my name and likeness for certain promotional items, such as jerseys and video games, without compensation" and anyone who doesn't sign it is generic in the game? It wouldn't solve every issue, but it would get rid of cases like this and let the NCAA cling on to whatever is left of the illusion of amateurism.

# 19 Cryolemon @ 05/04/11 04:27 PM

Quote:

Originally Posted by SECElite3


	It is my understanding from reading posts of ex-NCAA players, they sign an agreement which protects the NCAA from lawsuits like this.

If that's the case, why the hell is this lawsuit even going on? lol

My real point though, was that they could make the agreement more specific, and voluntary, which would allow NCAA games to have names and likenesses, but only for players who sign the agreement.

# 20 Dbrentonbuck @ 05/04/11 04:33 PM

Quote:

Originally Posted by Dame


	I would agree 100% with you if the scholarship was play football for us and we will give you 10k a year toward education and room and board. On the surface that seems fair. But I think the problem is more complex than that( see the fiesta bowl problems). at 17 years old I would have jumped at the scholarship as well but at 30 and with some hindsight it dont seem like a fair trade(for superstar players and its only 10 or so great players each year). superstar players will argue that their value is more than 10k(you will never hear someone argue the opposite) the other side will argue its because of the college that your value has risen you will never find a fair medium. This will all be mute if the NFL goes on strike and the courts find the NFL draft illegal because people will start leaving for the NFL as soon as they are ready there wont be a collective bargain in place to stop them. A perfect world for me we pay the players and my gaming price dont go up but I dont think thats going to happen. I think they should get paid but i dont have a problem with them not getting paid either I just hate the argument of if that was me.

I disagree about the star players. Life isn't fair. The real world doesn't work like that. There is an offer on the table: 1 free education and a 4 year interview for a job where you can make millions of dollars. The offer is the same for every one. Tim Teabow benefited from playing at Florida. Had he played for Mary Help the Christian Sisters University, he would not have a brand that he can and is using to make millions of dollars, so if the University wants to sell #15 jerseys then let them. They took a gamble on him and it paid off. They took the same gamble with Brantley and he probably cost them more to educate than the money he will bring in. The fact of the matter is that had Teabow not played football in an NCAA school after highschool he would be on a mission trip in Africa living off of donations. Instead, he got a free education, a chance to build a multimillion dollar brand name and a chance to impress the NFL as part of his deal. Keller didn't cash in on his deal the way Teabow did and that is why he is crying. Even if Teabow had not been drafted he could have made plenty of money endorsing products in the state of Florida because of being a gator. To me, that is a fair trade.

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