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NCAA Football 14 News Post


In a brief sent over to us by the O'Bannon defense team at the law firm Hagens Berman, the law firm alleges that the NCAA is trying to duck its responsibilities to the student athletes who they claim have been wronged by both the NCAA and EA.

“This announcement makes plain that the NCAA is attempting to mitigate the damage by ducking its responsibilities" co-lead counsel Steve Berman said in a statement. "We look forward to taking this case to trial and winning compensation for student-athletes whose likenesses were used without their permission, in violation of both the NCAA’s rules and the law.”

According to Berman, they are delighted the NCAA has left the video games business, "“While we are heartened they’ve stopped the practice, we believe they owe those student athletes a great deal more than their implied promise to stop stealing their images."

The O'Bannon suit is scheduled to be certified (or not) as a class action suit very soon, which will carry with it enormous possible penalties for both EA and the NCAA.

In response to the lawsuit, the NCAA's credit rating outlook was downgraded to negative by Moody's in late June. While this doesn't mean the rating has been downgraded, there is fear that should O'Bannon win, the organizations solvency could come into question.

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Member Comments
# 1 BleedGreen710 @ 07/18/13 05:34 PM
I don't see how he can possibly lose the case..
 
# 2 Bigsheen @ 07/18/13 05:35 PM
I like the fact that they are trying to bring down the NCAA, it just sucks that the game has to be in the middle of it all. I'm glad the NCAA is off the name of the game, however, it would seem that the damage has been done and well just have to see the end result.
 
# 3 Razorback73 @ 07/18/13 05:44 PM
If O'Bannon wins this lawsuit and college football videogames go away, I'm going to sue him for stealing my potential enjoyment of future videogames. I value the damages as a result of this at no less than $4 million. Anyone else wanna jump in on this?
 
# 4 BA2929 @ 07/18/13 05:51 PM
Are they called his "defense team"? Because they aren't really defending anything. Wouldn't they be the prosecution and EA's team the defense team?

JW here. My law knowledge comes mainly from John Grishan books.
 
# 5 JLoco11 @ 07/18/13 05:52 PM
O'Bannon's legal team will beat the likeness argument in court... I can't imagine how he loses that end of the lawsuit.

Where the lawyers are going to fail, is going to be what compensation amateur athletes are entitled to. When you register with the NCAA (in any sport, not just football), you waive your rights of representation on the universities behalf.

They can put you on posters, programs, television from games to sports shows, to media guides... and every athlete signs their rights away when they join NCAA division sports.

O'Bannon and Keller are going to win the battle of likeliness in a game, but they're going to lose the war against the NCAA for signing their rights away. They're going to lose against a system of amateur rules (as unfair as they may be), going back to old Olympic rules that most governing bodies have adopted.
 
# 6 mctrees02 @ 07/18/13 05:58 PM
Quote:
Originally Posted by BA2929
Are they called his "defense team"? Because they aren't really defending anything. Wouldn't they be the prosecution and EA's team the defense team?

JW here. My law knowledge comes mainly from John Grishman books.
They are defending his interest in the case.

Next time you're at the library, you might want to pick up a John Grisham novel instead. You might be able to expand your knowledge of the law a bit more with his writings!
 
# 7 mjavon @ 07/18/13 06:04 PM
If it is determined that athletes deserve to be compensated for their likenesses being represented in a video game, who's to say they don't deserve to be compensated for all the other gains the NCAA has made using them? Do you guys think this case could be the straw that breaks the camel's (or the NCAA's) back?
 
# 8 Captain Fear @ 07/18/13 06:08 PM
It really just comes down to if a jury believes #whatever is or isnt said person in a video game. I mean they have same numbers,but do the pictures in the game look like anyone? I really don't think they do.
 
# 9 inkcil @ 07/18/13 06:39 PM
Ha ha all this talk about being paid...funny thing is it will come down to who is willing to pay the judge.
 
# 10 Captain Fear @ 07/18/13 07:16 PM
And another thing. If a jury thinks #2 is Manziel or #5 is Braxton Miller then that is fine. The thing is though they better stop selling these jerseys with #2 or #5 on them at stadiums and at schools. It is the same thing.
 
# 11 RaychelSnr @ 07/18/13 07:23 PM
Quote:
Originally Posted by Captain Fear
And another thing. If a jury thinks #2 is Manziel or #5 is Braxton Miller then that is fine. The thing is though they better stop selling these jerseys with #2 or #5 on them at stadiums and at schools. It is the same thing.
This will touch a lot more than video games if O'Bannon and Keller's team wins. Everything from TV broadcasts to apparel will be brought in at some point!
 
# 12 RaychelSnr @ 07/18/13 07:24 PM
Quote:
Originally Posted by BA2929
Are they called his "defense team"? Because they aren't really defending anything. Wouldn't they be the prosecution and EA's team the defense team?

JW here. My law knowledge comes mainly from John Grishman books.
Not the best at Laywerese myself, but decided for the sake of simplicity to simply change it to Legal team. That way, there can be no confusion!!
 
# 13 goalieump413 @ 07/18/13 07:31 PM
Quote:
Originally Posted by mjavon
If it is determined that athletes deserve to be compensated for their likenesses being represented in a video game, who's to say they don't deserve to be compensated for all the other gains the NCAA has made using them? Do you guys think this case could be the straw that breaks the camel's (or the NCAA's) back?
This, of course, has been an increasingly popular discussion across the country. Should student athletes get paid to play (football)? The answer, I think, lies in the scale to which college football has become such a powerfully profitable enterprise. Think about it, EA Sports sells an NCAA football game because college football is huge. They don't sell a college baseball game because college baseball isn't huge. It comes down to market demand.

This lawsuit is more a catalyst to changing the landscape of money in college athletics than the largely academic debate that's been ongoing. Former players think that they should profit from video game sales, but that only kicks down the door to any other sale of merchandise related to their college playing career. Watch out.
 
# 14 The JareBear @ 07/18/13 07:41 PM
Quote:
Originally Posted by MMChrisS
This will touch a lot more than video games if O'Bannon and Keller's team wins. Everything from TV broadcasts to apparel will be brought in at some point!
No doubt this is a big deal in many ways than one.
 
# 15 noplace @ 07/18/13 07:59 PM
NCAA bailing on this is basically a admission of guilt.. If you didnt do anything wrong why are you running? Yeah the contract was up but come on now that greedy branch isnt running from any money unless they fear losing it...
 
# 16 BA2929 @ 07/18/13 08:02 PM
Quote:
Originally Posted by mctrees02
They are defending his interest in the case.

Next time you're at the library, you might want to pick up a John Grisham novel instead. You might be able to expand your knowledge of the law a bit more with his writings!
Very true about defending his interest.

In regards to the rest: I've read everything Grisham has ever written. All of his books are not novels but all of his novels are indeed books.


Quote:
Originally Posted by MMChrisS
Not the best at Laywerese myself, but decided for the sake of simplicity to simply change it to Legal team. That way, there can be no confusion!!
I'm easily confused. Took me a second to find the thread again after you changed the title.
 
# 17 Greencollarbaseball @ 07/18/13 08:11 PM
I can't for the life of me understand how the NCAA or schools don't have a waiver that athletes need to sign that says the school and or NCAA can use their likeness while they are in the athletic programs. It seems like that would have been thought of a long time ago.
 
# 18 satchmykels @ 07/18/13 08:47 PM
Quote:
Originally Posted by BA2929
Very true about defending his interest.

In regards to the rest: I've read everything Grisham has ever written. All of his books are not novels but all of his novels are indeed books.

Yeah, but who's this Grishman character you mentioned?

"My law knowledge comes mainly from John Grishman books."
 
# 19 aevans0913 @ 07/18/13 09:00 PM
Easy way to fix this, create a bowl game called the EA Sports Bowl. The winning team of this bowl game gets a certain percentage of profits from the video game to use towards scholarships or some sort of academic benefit. Case closed everybody wins.
 
# 20 Chedapalooza @ 07/18/13 09:28 PM
Quote:
Originally Posted by Razorback73
If O'Bannon wins this lawsuit and college football videogames go away, I'm going to sue him for stealing my potential enjoyment of future videogames. I value the damages as a result of this at no less than $4 million. Anyone else wanna jump in on this?
Sign me up. Class action suit as consumers. Ill take a free madden 15 to compensate.
 

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