Sam Keller v. EA Sports

I will hunt him down...rip his arms and legs off, then teabag him until he unfortunately dies of blood loss if this goes down.

 
EA argues that it uses the players' images to create works of art much in the same way authors, filmmakers and songwriters insert real people in novels, movies and songs.
Wow... I understand people dislike Sam Keller, and like video games, but come on, how can you not see that this is total crap?

 
EA argues that it uses the players' images to create works of art much in the same way authors, filmmakers and songwriters insert real people in novels, movies and songs.
Wow... I understand people dislike Sam Keller, and like video games, but come on, how can you not see that this is total crap?

I actually think you are right.....but

The part I struggle with is that there is really only one segment that loses here. It isn't the athletes, universities or the ncaa. The pass it on to the customer mentality that everyone has means everything(video games, apparel, tickets, etc) will just cost us more. It will just trickle down.

 
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Maybe this will scare EA Sports into making a better game...this last one was absolutely horrible!

Not likely, but one can hope, right?

 
I wonder what impact this will have on fantasy sports. MLB tried (unsuccessfully) to limit the use of players' stats and information in fantasy sports applications a few years back. They lost, on the grounds that using such information was no different than the local paper printing a box score.

The obvious difference here is that a likeness is being used. Still, I think they have little chance of success.

 
Maybe this will scare EA Sports into making a better game...this last one was absolutely horrible!

Not likely, but one can hope, right?
That's where EA Sports is most at fault. If not for new rosters, there'd be hardly any reason to ever buy a new game. Other video games actually have to create something when they release a new game, while EA basically releases the same game every year, changing hardly anything other than the rosters.

However, I don't think EA is too much at fault. I'm sure they'd be perfectly willing to pay the NCAA and Universities to use player likenesses, just like they pay player unions in professional sports to use those players' likenesses. The problem is that the NCAA says that players can't be paid for anything related to their performance, and as a result EA uses players' likenesses without paying anybody. Then the NCAA makes a fortune through its licensing agreement with EA.

 
Just playing devils advocate here but don't you think it's quite a coincidence that the majority of players on these games each year somewhat resemble the actual players in height, weight, hair color, and skin color? For example, Taylor Martinez is a white guy in real life. Its not very often that you would see "him" as an African American in the video game. You just have to know that when developing the game each year, EA Sports has someone who researches the players of each team and makes their video game profile somewhat the same. EA Sports could have avoided all of this by just randomizing every player on every team in the game. That way you could essentially have "African American Taylor Martinez's". Wait that would be kinda weird. Oh yeah I guess that's why there's this lawsuit.

"They are making billions off of our images."
This is where I somewhat agree with Keller. Now I know he comes off as some loser who doesn't want to get a real job. However, somewhere there is the CEO of EA Sports, and many others, who are living in multi million dollar mansions driving Lambos with the money they made from these games. All Keller and the others got was a college education? Im not sure that's right.

 
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I am probably being totally naive here, but hasn't this been going on since the development of NCAA '11? And EA hasn't changed anything about the way they made the game, so I don't think they're too scared. Probably totally wrong, just a thought.

Also, couldn't EA just take out the likenesses and make the downloable roster easier to find? I don't play NCAA so I'm not totally familiar with how it works (or whether there is affiliation between those DLable rosters and EA?), but I don't see EA getting the short end of the stick.

Bash away

 
Boo hoo! What a cry baby. Seriously, he did not mind having is 'image' on the game when he was somebody at ASU/NU (not that he was ever anybody here). Now that he could not even make the Raiders team he is trying to get money without working. Are they going to go back to the beginning of video games. How are the former players suppose to say who was who in Tecmo Bowl. How about former military personnel who may think they are portrayed on Call of Duty?

There is no way this is won....I am really surprised how far this circus has gone!

Losers like Keller make the lives of everyone else harder. Had he had any talent that translated into a pro football contract, he would have never done this.

IMO...This is no different then slipping in a parking lot or spilling coffee on yourself.

These lawsuits are now why we have tiny print at the bottom of commercials, mortgage paperwork is 5,000 pages and at every comercial break I have to see something about Mesothelioma.

We'll be be paying $125 for Tecmo Bowl shortly. Thanks Sam...Good Luck.


First of all... "IMO...This is no different then slipping in a parking lot or spilling coffee on yourself." uh...what? :dunno :wacko: :blink:

Secondly, personal attacks on Keller in this situation are pretty naive, if you ask me. This is nothing even close to what a lot of us are viewing it as, where Sam Keller was like "hey, I'm super broke, how can I get rich quick? Hey, I can sue EA Sports! Brilliant!" Sam has been bartending out on the coast the last few years (and making a killing, by the way), and was most certainly approached by some big corporation with promises of really gratuitous compensation if he lets them attach his name to a lawsuit they came up with, basically paying him to do nothing except let them use his name. What would you do in that situation? I know if someone came up to me and offered me thousands of dollars for them to put my name on a few pieces of legal mumbo jumbo I would most likely not have a problem with it.

 
and was most certainly approached by some big corporation with promises of really gratuitous compensation if he lets them attach his name to a lawsuit they came up with, basically paying him to do nothing except let them use his name. What would you do in that situation? I know if someone came up to me and offered me thousands of dollars for them to put my name on a few pieces of legal mumbo jumbo I would most likely not have a problem with it.
So he is whoring himself (name, likeness....whatever) for money. That's what I said. He is the name associated with the lawsuit. If he isn't accountable, then who is?

Thanks for the help.

I have no doubt that you can 'make a killing' as a bartender, but I'm just guessing it is unlikely to be comparable in wage our stature to an NFL QB. This lawsuit has also been out there for awhile. Could it have come about before he was 'making a killing'? I don't think anyone is skipping the draft this year to tend bar.

 
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and was most certainly approached by some big corporation with promises of really gratuitous compensation if he lets them attach his name to a lawsuit they came up with, basically paying him to do nothing except let them use his name. What would you do in that situation? I know if someone came up to me and offered me thousands of dollars for them to put my name on a few pieces of legal mumbo jumbo I would most likely not have a problem with it.
So he is whoring himself (name, likeness....whatever) for money. That's what I said. He is the name associated with the lawsuit. If he isn't accountable, then who is?

Thanks for the help.

I have no doubt that you can 'make a killing' as a bartender, but I'm just guessing it is unlikely to be comparable in wage our stature to an NFL QB. This lawsuit has also been out there for awhile. Could it have come about before he was 'making a killing'? I don't think anyone is skipping the draft this year to tend bar.
I think the point is that if you're basing your dislike of this lawsuit on your personal dislike for Sam Keller, then you're missing the point. Whether you like Sam Keller or not is irrelevant to this case.

 
I think the point is that if you're basing your dislike of this lawsuit on your personal dislike for Sam Keller, then you're missing the point. Whether you like Sam Keller or not is irrelevant to this case.
First of all... "IMO...This is no different then slipping in a parking lot or spilling coffee on yourself." uh...what? :dunno :wacko: :blink:
I think you're both missing my point. It really has nothing to do with Sam Keller. I am basing my dislike of this lawsuit on the fact it is another person looking to get paid. I wish that people could understand that lawsuits like this only cost consumers.

The loss that a company incurs for some moron spilling coffee on them self, or someone falling in the parking lot translates into one thing....higher prices for the consumer. Another ridiculous lawsuit payout that needs to be funded somehow. No different then what EA would have to do.

 
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Boo hoo! What a cry baby. Seriously, he did not mind having is 'image' on the game when he was somebody at ASU/NU (not that he was ever anybody here). Now that he could not even make the Raiders team he is trying to get money without working. Are they going to go back to the beginning of video games. How are the former players suppose to say who was who in Tecmo Bowl. How about former military personnel who may think they are portrayed on Call of Duty?

There is no way this is won....I am really surprised how far this circus has gone!

Losers like Keller make the lives of everyone else harder. Had he had any talent that translated into a pro football contract, he would have never done this.

IMO...This is no different then slipping in a parking lot or spilling coffee on yourself.

These lawsuits are now why we have tiny print at the bottom of commercials, mortgage paperwork is 5,000 pages and at every comercial break I have to see something about Mesothelioma.

We'll be be paying $125 for Tecmo Bowl shortly. Thanks Sam...Good Luck.


First of all... "IMO...This is no different then slipping in a parking lot or spilling coffee on yourself." uh...what? :dunno :wacko: :blink:

Secondly, personal attacks on Keller in this situation are pretty naive, if you ask me. This is nothing even close to what a lot of us are viewing it as, where Sam Keller was like "hey, I'm super broke, how can I get rich quick? Hey, I can sue EA Sports! Brilliant!" Sam has been bartending out on the coast the last few years (and making a killing, by the way), and was most certainly approached by some big corporation with promises of really gratuitous compensation if he lets them attach his name to a lawsuit they came up with, basically paying him to do nothing except let them use his name. What would you do in that situation? I know if someone came up to me and offered me thousands of dollars for them to put my name on a few pieces of legal mumbo jumbo I would most likely not have a problem with it.
So when a person spills coffee on themselves or slips in the parking lot,they people are not allowed to question their motive? If he is making a killing at bartending as you say, then just move on Sammy...no one cares that you once were able to play D-1 football or you got beat out by a someone better at ASU or that you could not make the practice team. He is just like the thousands and thousands of other college football players who did not make it, but are making a living. Seems to me like his ego is blocking him from reality!

 
I wonder what impact this will have on fantasy sports. MLB tried (unsuccessfully) to limit the use of players' stats and information in fantasy sports applications a few years back. They lost, on the grounds that using such information was no different than the local paper printing a box score.

The obvious difference here is that a likeness is being used. Still, I think they have little chance of success.
The problem is, the character model that supposedly represents the players looks nothing like them in any way whatsoever. QB#3 looks like a 40 year old viking. Also, digital "TM" was the slowest QB on the roster. So tell me again how that's TM

I've presented this point before, but if there's not a facial resemblance, it's a longshot at best. It's the same way in advertising. If I don't show your face, then you are owed nothing.

 
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