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NCAA Football 14 News Post



You read that headline right. As the Ed O'Bannon vs. the NCAA lawsuit continues onwards in the courts, both sides are jockeying for what could be a blockbuster trial by next summer.

In a recently filed study, EA and the College Licensing Company (CLC) claim that less than 25% of all men's basketball and football players were actually represented in EA's college athletic video games with their correct height, weight, home state and position.

EA and the CLC, while arguing against the fact they don't use college athletes is claiming that they do in fact use some college athlete likenesses right down to their correct height, weight, home state and position. This seems highly counterproductive simply because we don't know the exact boundaries for how the study was done. If it required an exact match, then a player being 10-20 pounds too heavy or light would mean they weren't exactly represented, which seems to actually indicate more players than claimed are actually somewhat well represented within the game.

Earlier in the winter, it was revealed that some NCAA e-mails tend to indicate that they knew about the use (but not use) of players likenesses in all but name.

"The issue for me is that the names and likenesses are rigged into the games now by illegal means, meaning that many of the video game players have the features, it's just that our membership doesn't benefit from it," then NCAA Vice President Greg Shaheen wrote.

The e-mails also revealed that the NCAA and EA have looked at trying to find ways to include real player names into the games, with no definitive ways to pull that feat off just yet.

Thanks to the O'Bannon lawsuit, talk about whether to pay college football players is becoming a hot topic. This morning, Oklahoma Head Coach Bob Stoops chimed in, "I don’t get why people say these guys don’t get paid. It’s simple, they are paid quite often, quite a bit and quite handsomely."

The O'Bannon and Sam Keller lawsuit alleges that the NCAA and EA Sports, amongst other entities, have been illegally profiting off of college athletes likenesses with no direct return to the athletes. This is an exceptionally important case which we have been following for several years now, as EA Sports stands to lose $1 billion if an unfavorable ruling for EA is handed down.

It is our position that if Keller and O'Bannon do prevail, college football video games will likely cease to exist due to much higher licensing costs and little return on investment.

Where do you stand on this case as of right now?

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Member Comments
# 21 soonermagic88 @ 04/10/13 05:39 PM
Well, so long to ALL college based games.
 
# 22 mestevo @ 04/10/13 05:54 PM
Quote:
Originally Posted by bpd115
So say they win. Isn't the solution simply for EA to give us a built in powerful roster editor, but ship the game with computer generated rosters? Give a team an overall rating for Offense, Defense, etc. then let the computer generate the rosters to match that overall.
Then you have a situation like Marvel v NCSoft, and with the case mentioned in the OP as precedent, and exponentially more risk to damages for continued willful infringement.

https://www.eff.org/cases/marvel-v-ncsoft

Providing the means to infringe is still a risk, and if they eat a huge settlement or verdict it might not be one they want to risk again.
 
# 23 BA2929 @ 04/10/13 06:13 PM
For some reason, I have a feeling this won't even reach a trial. It'll get settled out of court with O'Bannon and Keller getting a little money (that they couldn't earn in the NBA/NFL because they weren't any good and that's why they're even doing this), and EA giving money to NCAA scholarships.

The only effect this will have on NCAA games in the future is all players won't be anywhere near "realistic", but we'll have roster edit guys to fix that all for us. Might take 2 weeks instead of 3 days, but it'll be done. All EA really has to do it just switch the race for everyone and/or change their height/weight/number to a slightly different number and nobody will complain.

EDIT: I have no basis for this assumption, just wishful thinking and the fact that EA probably has a million high powered lawyers working on this around the clock to get them out of losing a ton of cash.
 
# 24 jmik58 @ 04/10/13 06:24 PM
When asked about the lawsuit, FCS East's QB #17 had this to say: "I'm looking forward to the day I get my $4.38 payment after the lawyers rake in $40 million. The players in EA games have two arms and two legs and so do I. I'd say that's the smoking gun right there. Look at me, what do you see? That's right. Two of each."
 
# 25 TDenverFan @ 04/10/13 06:46 PM
But it's ok that the NCAA can sell Ri5e to the Occasion shirts? They're clearly profiting off of Kevin Ware.
 
# 26 smack23011 @ 04/10/13 07:45 PM
# 25 BA2929 is so right this will just be cut down into some scholarship and the rich will get richer. Really I'm sorry these players get $200,000 in free school, free meals (some students only get those 10-15 meals a week), free tutoring, free weight training, and the list goes on. Oh and they get some money back called pocket money. Pay the players? For what they're getting paid. Glad Bob Stoops gets it BOOMER SOONER!!!!! Anyways this is a stupid lawsuit that hopefully gets dropped or like NCAA 10 basketball say bye to this game too.
 
# 27 cparrish @ 04/10/13 08:58 PM
Somebody can use my likeness all they want in return for me getting my college paid for so when I graduate, I do not have to endure 5-15 years of paying off college loans like every other college student.
 
# 28 Sundown2600 @ 04/10/13 09:06 PM
Let's stop blaming the players and as much as I hate to say it, let's stop blaming EA as well. The true culprit in this is the NCAA itself, or more specifically, the university presidents that make up the governing committee of the NCAA. Their hypocritical, self serving, impossible to understand rules are the real issue.

It's like Jay Bilas said this morning and it's very true. "The NCAA is a professional sports league. The only thing amateur about it are the ppl that run it."
 
# 29 gausec @ 04/10/13 09:10 PM
This doesn't seem to end well, but I'll pray EA wins!
 
# 30 TDenverFan @ 04/10/13 09:17 PM
This may be the only time EA is the good guy...
 
# 31 maltliquor23 @ 04/10/13 09:34 PM
"If it's in the game we have 25% of it in the game" Seriously i understand that the OS community works hard to set up the rosters Regardless if whether they state a particular percentage is there to model after the collegate athlete, the number on the back shows the player is "in the game" so does this mean WR 15 for Eastern Michigan isnt the real player? or the kicker with UTSA? Its almost like the attorneys for ea got together with the EA higher ups and went "what is the dumbest thing you can say that will look good on paper and still devistate our case"

EA should be happy if they get a partial ruling in their favor but if its handle only by a judge and there is no Civil jury. I can not see this going well for them. EAs only option may be completely opposite of bpd's suggestion. Completely remove the roster editor. We can all be left with a version of college football like this


http://www.youtube.com/watch?v=WHL92lnD5gQ
 
# 32 soxnut1018 @ 04/10/13 09:37 PM
Quote:
Originally Posted by cparrish
Somebody can use my likeness all they want in return for me getting my college paid for so when I graduate, I do not have to endure 5-15 years of paying off college loans like every other college student.
Were you a top 0.1% level athlete who earned millions for your school?
 
# 33 Jeff George @ 04/10/13 09:49 PM
Quote:
Originally Posted by guitar4468
I'm still confused why we can see a player on TV, on interviews, highlights for TV, Magazines, etc. Yet their name or likeness in a video game is over the lines?
That's the crux of the lawsuit, the idea that all of those things are actually "over the line" and constitute unlawful use of player likenesses.

Quote:
Originally Posted by lowercasecurtis
This Greg Shaheen seems like one greedy douche. Likeness is being added illegally, please, it's not like the game is being hacked to add in names. All I'm reading is "we (NCAA) aren't getting even more money than we already are, and we clearly need more money so I, I mean we, can buy a new yacht."

I still believe this lawsuit isn't so much about the players getting paid but NCAA execs lining their pockets.
The lawsuit was filed against the NCAA--it's trying to get this lawsuit thrown out. In the 2007 e-mail quoted by that article, Shaheen (who no longer works for the NCAA) is arguing that schools, not the NCAA, could be making more money off licensing if they allowed more permissive use of player likenesses.

The NCAA isn't a business. It's an organization made up of representatives from the member schools. It makes most of its money off the broadcast rights to the men's basketball tournament, most of which it then distributes back to the schools. It makes essentially nothing (other than something like $500,000 for licensing) off I-A football. Those multi-billion dollar contracts are between the networks and the conferences.

The president of the NCAA makes $1.6 million a year, which is on par with what the top athletic directors make. In other words, if you're trying to get rich as an NCAA executive, you're in the wrong line of work.

Quote:
Originally Posted by BadAssHskr
let's face it, things like sambo keller, and other are used up, dried out, failed, has beens looking for a buck and a chance to pretend they matter one last time in their pathetic existence.
Oscar Robertson and Bill Russell are part of this lawsuit.

Quote:
Originally Posted by BA2929
For some reason, I have a feeling this won't even reach a trial. It'll get settled out of court with O'Bannon and Keller getting a little money (that they couldn't earn in the NBA/NFL because they weren't any good and that's why they're even doing this), and EA giving money to NCAA scholarships.
It's a class-action lawsuit, which means that if they lose, the NCAA/EA has to pay damages to all people "harmed," which would include every collegiate player whose likeness has been used in an EA game. If O'Bannon and Keller were only in it for themselves, the last thing they would do would be to make this a class-action lawsuit.
 
# 34 jseward92 @ 04/10/13 11:03 PM
Quote:
Originally Posted by Jeff George
The NCAA isn't a business.
This is where you lost me.
 
# 35 Pielet @ 04/10/13 11:17 PM
Quote:
Originally Posted by cparrish
Somebody can use my likeness all they want in return for me getting my college paid for so when I graduate, I do not have to endure 5-15 years of paying off college loans like every other college student.
The NCAA likeness clause they force the students to sign gives them their likeness for "this universe and any an all other universes". That seem reasonable to you? You're falling for this deception. You "getting your college paid" is a one year contract. You suck, guess what, bye bye college being paid for. You're injured? Oh sucks to be you, bye bye scholarship.

The NCAA deserves this. They've been running a massive business enterprise in the guise of "student athletes". No different than the "charity" tax exempt bowl enterprise.
 
# 36 Bolt957 @ 04/10/13 11:36 PM
In a way, I don't think Sam Keller wins anyway because the NCAA, themselves, uses these players' identities and likenesses and they've NEVER been payed. So why target the video game company? He should be going at the NCAA. But either way, I think it's a lost for him, regardless.
 
# 37 thedudedominick @ 04/11/13 01:09 AM
Let's be honest with all of this, it's not like the NCAA or the colleges themselves actually make money unless it involves one of a handful of programs. When UConn has to eat the money lost in tickets unsold for a BCS bowl just so the sponsors can pocket most of the money we have an issue. Very few football programs actually make money for the university, and if they had to pay these 85 guys to be there they would just fold the program due to lack of funds.

I agree with others, the players don't need more money than they are already getting. Why should they get to live better than most college students when they just happened to be blessed with athletic ability not given to other people. If nothing else just allow these players to work for reasonable wages like most students around campus.

Another thing, how could the NCAA justify paying players for the likenesses. It would just lead to the big schools getting bigger and the small schools shutting down their programs. If the NCAA forced colleges to give every player the same amount smaller programs could never afford it. Even worse if they allow the schools to pay players based on the amount of money brought in it will widen the gap that already exists between the haves and have nots of the college sports world.
 
# 38 Sundown2600 @ 04/11/13 01:29 AM
I did not agree with most of what you wrote, but this is an excellent point on your part.

Quote:
Originally Posted by thedudedominick
Even worse if they allow the schools to pay players based on the amount of money brought in it will widen the gap that already exists between the haves and have nots of the college sports world.
 
# 39 Gap Integrity @ 04/11/13 01:36 AM
Quote:
Originally Posted by bpd115
So say they win. Isn't the solution simply for EA to give us a built in powerful roster editor, but ship the game with computer generated rosters? Give a team an overall rating for Offense, Defense, etc. then let the computer generate the rosters to match that overall.
I agree, I've been saying a while that EA could have avoided this mess by making randomly generated rosters with randomly rated players out of the box. They would just have to rate them according to team ratings. They probably could have done this and settled with Mr. Keller &Co. and saved money and bad press. The only thing I would have wanted them to add if they implemented this would be a much deeper editing menu. Look to add much more equipment, duplicate #'s, faces, hair, and so on and so forth. Give us the option to edit the hometowns. Basically make the editing menu wide open. After you do that.... send myself, cparrish and all the roster guru's the game about 2 months early under the table..... just lock or limit gameplay to keep us working.
 
# 40 kdye @ 04/11/13 07:28 PM
This is laughable because NO ONE bought any college basketball game for Ed O'Sh#tbannon. The guy is just trying to cash in when he deserves NOTHING. The real crime is that if his sh$t lawsuit is successful we will lose all college sports video games. He was an OK college player, a horrible NBA player and then the guy sold cars. There should be a march on this worthless guy"s home for being such a parasite. O'Sh$tbannon, you received a free college education and parlayed that into a promising car salesman career. Add insult to injury is the fact that there isn't even a college hoops game anymore. Go Way
 


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