NCAA Football 14 News Post

Court Filing Shows NCAA Had Concern About Use of Athlete Likenesses

06:12 PM - April 26, 2013 by RaychelSnr

As more details leak out with regard to the Ed O'Bannon and Sam Keller case versus EA Sports and the NCAA, we are finding that the NCAA has had a long history of being worried about what EA was doing with student athlete likenesses.

In a report in the USA today today, lawyers representing former and current college athletes allege that EA and the Collegiate Licensing Company (the NCAA's licensing arm) worked collaboratively "to affirmatively mislead the public" and college athletes about how far EA went to model digital athletes like the real players.

Once again, we got an insight into how the NCAA has had plans to include player likenesses within games. In an email from NCAA executive Greg Shaheen to the CLC's Pat Battle, Shaheen wrote, "Re: the S/A likeness, this will come in stages, we suspect. We're trying to determine the best strategy to get it all passed over the next two legislative cycles. The current take is that we need to do this first phase and then go back for photos and video games in the next phase. The read is that if we lump it all together, it will become loaded down and be killed"

The NCAA released a statement yesterday about the case, alleging that they (of course) are in the right, "The fact remains -- the NCAA is not exploiting current or former student-athletes but instead provides enormous benefit to them and the public. Plaintiffs are wrong on the facts and wrong on the law. The NCAA remains hopeful the court will agree and deny this motion."

We will get our next update on how this case is going in June, when the class action is either certified or dismissed. [USA Today]

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Member Comments

# 1 HozAndMoose @ 04/26/13 06:46 PM

Id lke to know how this affects future installments. I doubt it will have any on 14. But if EA ends up losing. Will they be forced to make players less like who they are supposed to be in real life? Will they remove the roster sharing? They can make QB#1 for Texas A&M 6'4 220 and black for all i care. As long as we have the option to edit everything.

# 2 BleedGreen710 @ 04/26/13 06:46 PM

# 3 HozAndMoose @ 04/26/13 06:49 PM

8750 players. If there is 125 teams. not sure how many there are this year. It takes OSFM rosters a month to come out doing 1950. It would take a huge community effort to get all players close to right for every team if they just put random players on teams.

# 4 RandyBass @ 04/26/13 07:38 PM

The NCAA is a disgrace.

# 5 loccdogg26 @ 04/26/13 07:58 PM

Quote:

Originally Posted by californ14


	So a couple ex players that couldn't make a life in the pros cause they sucked now want to get money any way they can? and some sick lawyers grabbed this chance to make a name and money too? Sounds like crap to me....America has become the land of the lawsuit....Hang the lawyers....

Are you serious?

# 6 MoleDude @ 04/26/13 08:32 PM

Quote:

Originally Posted by californ14


	So a couple ex players that couldn't make a life in the pros cause they sucked now want to get money any way they can? and some sick lawyers grabbed this chance to make a name and money too? Sounds like crap to me....America has become the land of the lawsuit....Hang the lawyers....

Yea...Bill Russel, Oscar Robertson. Couldn't make it as pros for sure, all about getting money.

# 7 cparrish @ 04/26/13 09:10 PM

Quote:

Originally Posted by HozAndMoose


	They can make QB#1 for Texas A&M 6'4 220 and black for all i care. As long as we have the option to edit everything.

As someone who never plays online, this is what is most important to me. I could care less what rosters the game is shipped out with as long as we have the ability to edit everything and everyone.

# 8 loccdogg26 @ 04/26/13 09:57 PM

Quote:

Originally Posted by MoleDude


	Yea...Bill Russel, Oscar Robertson. Couldn't make it as pros for sure, all about getting money.

And Jim Brown.

# 9 The_Rick_14 @ 04/27/13 12:57 AM

Quote:

Originally Posted by JerseySuave4


	Just because you like to play a video game doesn't make their lawsuit wrong. They are right on for finally trying to do something about their likeness being exploited. There's a very simple solution to this and it's just to allow us as much editing ability as possible. I couldn't care less if the rosters were accurate in terms of numbers, ht & wt, there are enough people out there contributing and doing rosters that we can get an edited correct roster file. But give us real and accurate equipment and the ability to edit what we need and we'll take care of the rest.

That is until another lawyer (or the same one) comes along and makes an argument that by allowing the editing of rosters, EA has given gamers the avenue to mimic likenesses of actual players, thereby exploiting their likeness and then EA is forced to strip out roster editing.

# 10 T-Moar @ 04/27/13 01:42 AM

Quote:

Originally Posted by The_Rick_14


	That is until another lawyer (or the same one) comes along and makes an argument that by allowing the editing of rosters, EA has given gamers the avenue to mimic likenesses of actual players, thereby exploiting their likeness and then EA is forced to strip out roster editing.

Except they can't win that argument - we're allowed to include their likeness in rosters, as long as the rosters aren't sold. If you want to get into the legalese of it, it's available here:

http://www.dmlp.org/legal-guide/usin...keness-another

# 11 The_Rick_14 @ 04/27/13 02:03 AM

Quote:

Originally Posted by T-Moar


	Except they can't win that argument - we're allowed to include their likeness in rosters, as long as the rosters aren't sold. If you want to get into the legalese of it, it's available here: http://www.dmlp.org/legal-guide/usin...keness-another

Thanks for that. Going to play devil's advocate here.

While it doesn't say that there is grounds to sue for selling a product that allows likenesses to be created (in this case through editing), it also does not state against it leaving lawyers with plenty of gray area to maneuver (unless I missed something).

A lawyer could argue that by including roster editing as a feature of their product, they are indirectly responsible for the usage of likenesses in their product by their fan base. Especially when they add the tie in for ease of mass distribution through the roster locker system.

Is it a harder argument to win? Yes, but I don't think it's an impossible argument to win.

# 12 Jimbo614 @ 04/27/13 09:33 AM

The NCAA just threw EA under the bus.

# 13 eagskerfan @ 04/27/13 11:17 AM

I'm a Nebraska season ticket holder. When playing one of my season games, I noticed in my seat there was a fan wearing red. Looks kind of like me. Where can I get in on this??

# 14 T-Moar @ 04/27/13 01:48 PM

Quote:

Originally Posted by The_Rick_14


	Thanks for that. Going to play devil's advocate here. While it doesn't say that there is grounds to sue for selling a product that allows likenesses to be created (in this case through editing), it also does not state against it leaving lawyers with plenty of gray area to maneuver (unless I missed something). A lawyer could argue that by including roster editing as a feature of their product, they are indirectly responsible for the usage of likenesses in their product by their fan base. Especially when they add the tie in for ease of mass distribution through the roster locker system. Is it a harder argument to win? Yes, but I don't think it's an impossible argument to win.

If that were possible, the NFLPA would have sued Backbreaker by now.

# 15 Sundown2600 @ 04/27/13 04:17 PM

As stated before EA could save themselves a lot of trouble with future titles if they:

1. Add a global editor with minimal lag. This is a must for me. (No need for the 3D stuff)
2. Every Player's likeness and ratings must be randomized.
3. Give users the option to delete default players and create as many players as they want as long as they don't exceed the roster limit.

TBH this will never happen. Only hardcore fans want to play around with ratings and editors. As soon as casual gamers figure out their favorite star players don't resemble their real life counterparts by default they won't want to buy or play the game anymore. Most ppl buy this just to hold them over until Madden drops as it is.

If the players win this lawsuit I have a hard time believing EA would continue to make college football games. Too much risk involved and combined with the inevitable reduction in sales...it would be all over.

# 16 oXoTheJOKERoXo @ 04/27/13 10:24 PM

Its more like... If your boss paid for your house, groceries, car, training, and travel while giving you the oppurnity of becoming a million. Who could be greedy with that

# 17 jello1717 @ 04/27/13 11:18 PM

First I'd like to say that while I hate to think about how much this lawsuit could hurt college football games (which is without question my favorite video game), this lawsuit is very valid. EA is very in the wrong here and I don't see how they could possibly win the suit. Anyone that thinks this lawsuit is stupid and frivolous is likely just being selfish and wants their college football game.

Now for those of you saying "well they'd just need to make TAMU's QB #3 instead of #1 and black and then EA would be okay," I'm sure that it would have to go waaaay beyond that. Even if EA completely randomized race, number, height, weight, and state of origin (all of which would be easy enough for roster editors to handle), this wouldn't be nearly enough. Using the 2012 roster as an example, if the fastest QB in the country started for Michigan, the fastest HB was the #2 guy for Oregon, the best DE in the country started for South Carolina, etc, it wouldn't matter if they were all white dudes from Maine. Anyone could legitimately argue that EA was still using the real players in their game so EA would have to completely randomize everything about all players. It takes roster editors a long time to simply name, correct some numbers, and add in some missing guys now. I can't imagine how long it would take to get an accurate roster if they had to determine and then enter every rating of every player...

# 18 Sundown2600 @ 04/28/13 12:39 AM

Quote:

Originally Posted by jello1717


	First I'd like to say that while I hate to think about how much this lawsuit could hurt college football games (which is without question my favorite video game), this lawsuit is very valid. EA is very in the wrong here and I don't see how they could possibly win the suit. Anyone that thinks this lawsuit is stupid and frivolous is likely just being selfish and wants their college football game. Now for those of you saying "well they'd just need to make TAMU's QB #3 instead of #1 and black and then EA would be okay," I'm sure that it would have to go waaaay beyond that. Even if EA completely randomized race, number, height, weight, and state of origin (all of which would be easy enough for roster editors to handle), this wouldn't be nearly enough. Using the 2012 roster as an example, if the fastest QB in the country started for Michigan, the fastest HB was the #2 guy for Oregon, the best DE in the country started for South Carolina, etc, it wouldn't matter if they were all white dudes from Maine. *Anyone could legitimately argue that EA was still using the real players in their game so EA would have to completely randomize everything* about all players**. It takes roster editors a long time to simply name, correct some numbers, and add in some missing guys now. I can't imagine how long it would take to get an accurate roster if they had to determine and then enter every rating of every player...

That's exactly the point I was making. Every single aspect of the players would have to be randomized in order for EA to have the best chance of protecting themselves from future lawsuits. At that point it's not even worth making the game. A global editor would help tremendously but even then as I said before the casual gamer would not want to deal with that. Once they see a completly randomized roster the uproar over it would be significant. IMO the series dies if the players win this lawsuit and I think they deserve to win.

Quote:

Originally Posted by oXoTheJOKERoXo


	Its more like... If your boss paid for your house, groceries, car, training, and travel while giving you the oppurnity of becoming a million. Who could be greedy with that

Nope...not the same at all. This is about a separate entity making profit off of your likeness. A better anology would be you working for a company and this company pays you for the work you do, but your boss goes out and makes a ton of money off of your likeness and you can't do a damn thing about it. Just because you get a paycheck for the work you do does it make it right for your boss, co-worker or company to make money off of your likeness?

# 19 Computalover @ 04/29/13 02:28 AM

an interesting theory here.. if the athletes win their lawsuit and are paid for using their likeness in video games.. what would stop the NCAA schools suing the individual athletes to recoup the money for scholarships and extras? since the athletes being paid for being used during their time at the school, wouldnt that be a violation of their amateur status?

# 20 NudeUp @ 05/02/13 09:25 PM

Quote:

Originally Posted by JerseySuave4


	Only problem is it's not a stupid lawsuit. If your boss was making billions and only paying your expenses for job training and travel, you'd be pissed that he is profiting greatly off your work while you get nothing. The amount of money that is made off the exploitation of college athletes is crazy. If it were a stupid lawsuit, it would have been thrown out by now. Problem is it's a legit lawsuit and college athletes are finally tired of not getting a piece of billion dollar pie.

Pretty sure the players get a free education and the opportunity to make millions playing a sport for a living. Its not EA or the NCAA's fault if they dont make it.

Hard life.

Having their likeness in the game would probably only BOOST their exposure and fan following.

Sooks.

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Court Filing Shows NCAA Had Concern About Use of Athlete Likenesses