Madden NFL 13 News Post

$27 Million Settlement Announced in EA Madden Price-Fixing Lawsuit

10:18 PM - July 20, 2012 by Steve_OS

A proposed settlement was filed this evening in the lawsuit filed by consumers against EA regarding its exclusive license agreements with the NFL, NCAA and AFL.

Owen Good, over at Kotaku has been following along and explains it very well, right here.

The full details on the proposed settlement below. You can also download a copy of the proposed settlement, right here.

$27 Million Settlement Announced in EA Madden Price-fixing Lawsuit

SAN FRANCISCO � Attorneys representing purchasers of Electronic Arts, Inc. (NASDAQ: ERTS) (�EA�) football video games have reached a proposed settlement over claims that the gaming giant violated antitrust and consumer protection laws and overcharged consumers for the games.

The case, originally filed June 5, 2008, in the United States District Court for the Northern District of California, alleges that EA violated antitrust and consumer protection laws by establishing exclusive license agreements with the National Football League (NFL), National Collegiate Athletic Association (NCAA), and the Arena Football League (AFL). The agreements gave EA the exclusive right to produce football video games with the teams, players and other assets of the NFL, AFL and NCAA, the lawsuit states.

The proposed settlement, filed with the court on July 19, 2012, would establish a $27 million fund for consumers who purchased Madden NFL, NCAA Football or AFL games published by EA. If the settlement is approved by the court, consumers who purchased a sixth generation title (GameCube, PlayStation 2, and Xbox) may receive up to $6.79 per game. Those who purchased a seventh generation title (Wii, Xbox 360 and PlayStation 3) may be entitled to as much as $1.95 per game under the terms of the proposed settlement.

It also stipulates that EA will not sign an exclusive license arrangement with the AFL for five years and will not renew its current agreement with the NCAA, which expires in 2014, for at least five years.

�After more than four years of hard-fought litigation, we have reached a settlement that we strongly believe is fair to consumers,� said attorney Steve Berman, managing partner of Hagens Berman, the law firm representing consumers. �We look forward to moving this process forward and asking the court to approve this settlement, which we think is in the best interests of the class.�

On April 6, 2011, the court certified a class of consumers in the case, including all persons who purchased Madden NFL, NCAA Football or AFL games published by EA between January 1, 2005, and the present.

The proposed settlement must be approved by the court before it is final.

Consumers can learn more about this case by visiting www.hbsslaw.com/maddennfl. You can also contact Hagens Berman, lead-counsel in the action, by emailing [email protected].

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Member Comments

# 101 bkrich83 @ 07/22/12 01:24 AM

Quote:

Originally Posted by wat3


	2K Producer- "Hey, can I get all Devs into the office for a 2K team meeting please?" "Alright guys. The time has come. We're devolping a football game." Everyone stands up and cheers, jumps in joy, high fives all around.

Not happening any time soon unfortunately.

# 102 SteboSSK @ 07/22/12 01:25 AM

Quote:

Originally Posted by Cre8


	Maybe if you are right about consoles going out to mobile we will get to see the return of PC games.

Wow, I hate to be so out of touch but are console games really being pushed out by stupid Android games like Angry Birds?

# 103 moneal2001 @ 07/22/12 01:31 AM

Quote:

Originally Posted by SteboSSK


	Wow, I hate to be so out of touch but are console games really being pushed out by stupid Android games like Angry Birds?

no, but goofy analysts love to speculate about the death of markets. consoles were supposed to kill PC gaming, but games like WoW still have the largest audiences of any games.

# 104 kennyacid @ 07/22/12 01:44 AM

I'd like to see sony put out a nfl game. Their last one was decent. Player models were the best out of any game imo. I played it more then madden.

# 105 kennyacid @ 07/22/12 01:51 AM

Quote:

Originally Posted by StrawHat Patriot


	What game was that?!!?

NFL GameDay 2004 i believe

# 106 kennyacid @ 07/22/12 01:53 AM

my bad NFL GameDay 2005 was the last one

# 107 kennyacid @ 07/22/12 02:03 AM

Quote:

Originally Posted by kennyacid


	my bad NFL GameDay 2005 was the last one

lol nope it was NFL GameDay 2004. NFL GameDay 2005 went to the box look:

# 108 kennyacid @ 07/22/12 02:23 AM

Quote:

Originally Posted by SoAwesome


	Dude, that game was trash man. Gameday on PS2 was embarrassing.

I know It wasnt up to par with with madden and 2K in the gameday department..EVERYONE knows that. Im just saying it some things better then madden ( graphics and animations )

# 109 bukktown @ 07/22/12 02:59 AM

Quote:

Originally Posted by SteboSSK


	Wow, I hate to be so out of touch but are console games really being pushed out by stupid Android games like Angry Birds?

More or less, yes.

# 110 chi_hawks @ 07/22/12 09:10 AM

Quote:

Originally Posted by PVarck31


	I don't get how anyone would think that just because NCAA 2K2 was a bad game would mean that any college football game that 2K made now would be bad. There's really no correlation at all. Most of - if not all of the developers are probably long gone. If Take 2 did decide to do a college football game, I am sure they would assemble a new team, or bring back who they could from APF or 2K5. This is just what I think would be the case.

'

This is a damn good point. I didnt like ncaa 2k2 at all but its been a decade now. I'd imagine it would take a year or so to get "up to speed" but regardless, having 2 games to choose from sure beats one. It also would put some pressure on EA.

# 111 TajDeni @ 07/22/12 10:22 AM

WAHOOO...

i could care less about the money aspect of it really (tho i highly doubt many will be able to cash in on any money because im sure most have long since traded in their previous Madden/NCAA games). im just excited that maybe we can finally get a great football again, whehter from EA or someone else.

so it appears I was right in my thread that got CLOSED

, when among other things, i stated that another company wanting to get into the football market should 4get about the NFL and go to war with EA over NCAA. Hopefully this is a win win for football games and it eventually leads to competition.

Thinking about changing my name to Tajstrodomus.

# 112 THE YAMA @ 07/22/12 11:20 AM

Competition will always benefit the consumer.

# 113 Legionnaire @ 07/22/12 01:52 PM

Quote:

Originally Posted by Aggies67


	I don't see how anyone could say that a 2k college football would be crap based on the fact that NCAA 2k3 was bad. That was 10 years ago.

It makes as much sense as thinking an NFL 2k game would be better than Madden because of where the Madden/2k series were a decade ago.

Personally, I think the smart move for 2k would be to use NCAA licensing as a foot-in-the-door to start weasel their way into the NFL market.

Simply set up the game so the franchise/dynasty/career follows not only an NCAA season but a concurrent professional league's season. The pro league can be made up of fictional teams at first, but have the game include a team editor/creator like Backbreaker so fans can basically just create real NFL teams to replace the fictional NCAA teams.

Set up a website similar to NCAA's TeamBuilder to let fans handcraft the rosters of these custom teams (including the ability to give players profile pictures and insert career/season stats).

And allow the created teams and rosters to be uploaded and dowloaded, shared among the community.

The stadiums would be wrong, sure, but everything else would be right.

# 114 SageInfinite @ 07/22/12 04:47 PM

Quote:

Originally Posted by Legionnaire


	It makes as much sense as thinking an NFL 2k game would be better than Madden because of where the Madden/2k series were a decade ago. Personally, I think the smart move for 2k would be to use NCAA licensing as a foot-in-the-door to start weasel their way into the NFL market. Simply set up the game so the franchise/dynasty/career follows not only an NCAA season but a concurrent professional league's season. The pro league can be made up of fictional teams at first, but have the game include a team editor/creator like Backbreaker so fans can basically just create real NFL teams to replace the fictional NCAA teams. Set up a website similar to NCAA's TeamBuilder to let fans handcraft the rosters of these custom teams (including the ability to give players profile pictures and insert career/season stats). And allow the created teams and rosters to be uploaded and dowloaded, shared among the community. The stadiums would be wrong, sure, but everything else would be right.

Do you mean weasel their way back in with the NFL or with NFL fans?

# 115 pharaoh_00 @ 07/22/12 05:13 PM

I don't how anyone could find something wrong with another company getting to opportunity to make a football game NCAA or NFL. If you have played NCAA 13, understand football and know the history of EA's NCAA series you would know they didn't even try to make a good game. Also they did not try to improve on their product at all, I mean pulling lineman and fullbacks just run past defenders.

NCAA 15 The Show or NCAA 2k15 does not sound bad. Now the chance of Sony making a NCAA game is small but I think 2K Sports may make one even if they can't make a NFL football game.

First they will not be making a NHL game or a MLB game that will save them money over the next two years. Second all of their canceled series are from major sports that don't have the following of NCAA football. Not many people are watching the real NHL, not a big video game customer base. They couldn't compete with The Show on PS3, and not enough people buy college basketball games (I know 2k8 is great).

Even if it means EA not making a NCAA game one year for another company to come in and make one its worth it. 2K Sports has nothing to lose by adding an NCAA football game to their lineup.

# 116 Legionnaire @ 07/22/12 05:52 PM

Quote:

Originally Posted by SageInfinite


	Do you mean weasel their way back in with the NFL or with NFL fans?

The fans, I suppose. Weasel their way back in with the gamers who are eager to play a non-EA title but who still honestly need the NFL logos and names to make any title worth playing. Anybody with their console connected online would be able to click a few buttons and download complete sets of custom fan-made NFL teams full of fan-made NFLPA players. I know Backbreaker was a bit of a mess, but imagine if it was less cartoonish, and had the added bonus of a college football component with an actual NCAA license. That would've made it a lot more interesting to football fans who want to give their money to somebody besides EA.

Honestly, I suspect it would end one of two ways.

Scenario A: The NFL recognizes that customization tools/options can allow gaming companies to effectively legally release de facto NFL games without having to pay the NFL any money or be obligated to grant the NFL any input on the product they make. So the NFL backs off this high-priced exclusive rights nonsense. They lower the price and let more people into the party. It gives the NFL less money, sure, but it gives them input and approval power over what these football games are allowed to do. I think the NFL would trade some money for some power. In this scenario, 2k reaches a deal with the NFL after a year or two, basically letting them ship the game with the NFL logos (and finally have NFL stadiums, and be able to market the game with a player wearing a real NFL uniform on the cover).

Scenario B: This just enrages the NFL. It makes them double-down on their stance of playing favorites with EA Sports, ensuring the NFL-EA alliance continues. Or potentially the NFL recognizes the exclusive rights thing isn't going to work moving forward, but they only sell non-exclusive rights to companies other than 2k, just to screw 2k. In this scenario, 2k is hampered, but not much more than they would have been in the first place when it was just them against EA.

# 117 mestevo @ 07/22/12 06:02 PM

Quote:

Originally Posted by Legionnaire


	The fans, I suppose. Weasel their way back in with the gamers who are eager to play a non-EA title but who still honestly need the NFL logos and names to make any title worth playing. Anybody with their console connected online would be able to click a few buttons and download complete sets of custom fan-made NFL teams full of fan-made NFLPA players. I know Backbreaker was a bit of a mess, but imagine if it was less cartoonish, and had the added bonus of a college football component with an actual NCAA license. That would've made it a lot more interesting to football fans who want to give their money to somebody besides EA. Honestly, I suspect it would end one of two ways. Scenario A: The NFL recognizes that customization tools/options can allow gaming companies to effectively legally release de facto NFL games without having to pay the NFL any money or be obligated to grant the NFL any input on the product they make. So the NFL backs off this high-priced exclusive rights nonsense. They lower the price and let more people into the party. It gives the NFL less money, sure, but it gives them input and approval power over what these football games are allowed to do. I think the NFL would trade some money for some power. In this scenario, 2k reaches a deal with the NFL after a year or two, basically letting them ship the game with the NFL logos (and finally have NFL stadiums, and be able to market the game with a player wearing a real NFL uniform on the cover). Scenario B: This just enrages the NFL. It makes them double-down on their stance of playing favorites with EA Sports, ensuring the NFL-EA alliance continues. Or potentially the NFL recognizes the exclusive rights thing isn't going to work moving forward, but they only sell non-exclusive rights to companies other than 2k, just to screw 2k. In this scenario, 2k is hampered, but not much more than they would have been in the first place when it was just them against EA.

The NFL and NFLPA would just sue. Probably would have happened to Backbreaker if it was successful.

Sent from my Galaxy Nexus using Tapatalk 2

# 118 moneal2001 @ 07/22/12 06:09 PM

Quote:

Originally Posted by mestevo


	The NFL and NFLPA would just sue. Sent from my Galaxy Nexus using Tapatalk 2

couldn't sue if the game devs didnt provide any real players/teams and didnt provide a way for consumers to share their teams/players(prolly wouldn't get sued for this either since it happens on other games like nba2k with college teams). Look at PES they provide the tools to recreate teams and leagues but doesn't provide a way to share within their game(i think). they are not being sued.

# 119 Legionnaire @ 07/22/12 06:14 PM

No lawsuit would be successful.

NFL- and NFLPA-sanctioned games have been made with roster customization and team creation functions.

It might take some money and some time to put up a fight when EA/NFL try to bury them in paperwork, but there'd be no basis so 2k would never be in any real trouble. EA and the NFL can't turn around and say the presence of roster customization and team creation tools is evidence of an intention to do something wrong.

As long as 2k never comes out and explicitly markets (or says anything in general about) the ability to put NFL properties into their game, there's nothing there. It might be tough. One link on their facebook page to somebody YouTube channel with a video showing off NFL properties in their game. One re-tweet about the ability to turn it into an NFL game. One quote at a gaming convention or in an interview with a magazine, and 2k would be sunk.

It'd take some discipline to avoid giving anyone ammunition in the argument, but they could get away with it. Just like EA gets away with giving NCAA fans the ability to put real college kids into those games.

# 120 JerzeyReign @ 07/22/12 07:04 PM

Quote:

Originally Posted by MaddenNFL13


	I hope EA still can make NCAA Football and Madden NFL video games im afraid there be no NCAA Football 15 and Madden NFL 15. So they better just settle the lawsuits and still let EA make NCAA Football video games and Madden NFL video games. If there no NCAA Football 15 and Madden NFL 15 my life will be ruined. September 27th 2012 determines my life in these video games NCAA Football and Madden NFL.

I think you're looking at this all wrong bruh. They will still be able (and probably will) to make video games -- what most of us are hoping for in this case is that someone else jumps in to make a game.

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