Sam Keller files lawsuit against EA sports and the NCAA

[Vince from ShamWOW]

What a joke.....

 

More than 18 months after taking his final snap as a Nebraska quarterback, Sam Keller is choosing to challenge more formidable opponents: The NCAA and EA Sports.

 

Keller has filed a lawsuit against the two entities for, “blatant and unlawful use of [NCAA] student likenesses” in a number of EA Sports’ college football games during his time at Arizona State and Nebraska without paying him for it. The “NCAA 08” game, for example, lists Keller at his approximate height and weight.

 

“With rare exception, virtually every real-life Division I football or basketball player in the NCAA has a corresponding player in Electronic Arts' games with the same jersey number, and virtually identical height, weight, build and home state,” the lawsuit said. “In addition Electronic Arts often matches the player's, skin tone, hair color, and often even a player's hair style."

 

Player ratings tend to be tied the presumed skills of an athlete before the beginning of the season.

 

The lawsuit also contends that the NCAA looks the other way when gamers download rosters names from the Internet. On the most recent Playstation 3 version of the college football game, EA provides an option to download rosters created by other users.

 

http://nebraska.statepaper.com/vnews/displ...6/4a01e90d72612

[zoogs]

wow....

 

that's really low. is this for real? sounds like he's really desparate for some money. and i've always had pretty high regard for sam keller as a guy. sorry sam, that's just f'n retarded.

[huskerfan500]

I guess I can see where he is coming from, but for everyone's sake I bet this will be dismissed. I mean that is the point of the game, to play as your favorite team.

[fro daddy]

what happened? did he lose his job at Burger King for throwing cups at people? This tool needs to get lost. Maybe Nebraska could sue him to recover the lost PR money and wasted scholarship money when he lied and said he could play quarterback.

 

what a jacka**

[Pedro Guerrero]

I've seen many lawsuits brought about by student athletes in my day and this is probably the best case I have ever seen constructed.

 

http://www.cnbc.com/id/30605723

 

Maybe I'm in the minority but I hope he wins something or this finally allows players to get some cash for what people make off them. I know they get an education but come on. How many people bought a #12 NU jersey last year because of "Golden Boy"? Or how about all the money Michigan and Nike made off of the Fab Five. I say "take it to the streets', "damn the man" and "keep fighting the good fight".

[fro daddy]

I've seen many lawsuits brought about by student athletes in my day and this is probably the best case I have ever seen constructed.

 

http://www.cnbc.com/id/30605723

 

Maybe I'm in the minority but I hope he wins something or this finally allows players to get some cash for what people make off them. I know they get an education but come on. How many people bought a #12 NU jersey last year because of "Golden Boy"? Or how about all the money Michigan and Nike made off of the Fab Five. I say "take it to the streets', "damn the man" and "keep fighting the good fight".

 

 

See the deal is a free education cant really be put into dollars. Yes I could tell you that for an average class load with housing that Sam, being from out of state would have to pay around $24,000 a year. Two years on the team, only 1 year of "being taken advantage of". So NE gave him neary $50,000 worth of goods (more when you take the free clothing, gear and merchandise that players get) in exchange for him performing his 'craft'. I believe that is more than fair. When you also consider that those with atleast their BS make an average of $1,000,000 dollars more in their career then those without degrees.

 

His little lawsuit is a plea for $$. See I would bet my life that Sam thought it was the coolest thing ever to have his 'likeness' in a game when he thougth he was going pro and would be rich. But now that he came back to earth he is no different that people who sue because their coffee is too hot....

 

But to each their own.

[zoogs]

Completely agreed fro daddy. This is ridiculous and it's all too easy to see the motivations here. College football is not a professional sport. These kids are student athletes. If he doesn't want to live with that, tough, should've payed his own way through college.

[Pedro Guerrero]

So what part of that state funded education does EA Sports, or Sega or Nintendo pay? How is what they do any different then that dude that was trying to make money off of his Roy Helu t-shirts? Isn't EA Sports making a buck off the likeness of these players?

 

So since walk-on players pay their own way does that mean they should be able to sue EA Sports because they are included in the game as well and they don't get a free education.

[fro daddy]

They pay the NCAA in order to use the univeristy names and uniforms, staduims, fight songs and so on. The NCAA then gives the money to the schools and keeps some to itselft. Same with clothing. Thats why what ever company has the deal with that team is the only one with authorized merchandise. The money goes to the university.

 

Its really pretty simple. He accepts a scholarship and in doing so basically gives up his individual marketing rights. He no longer 'owns' his likeness. Nebraska does. And that is the way it is untill he no longer on scholarship. This is much like when you work for a corporation. Any work, ideas, products, improvement that you come up with at work, belong to your company, not you.

[huzkerbob]

Any work, ideas, products, improvement that you come up with at work, belong to your company, not you.

 

Fro, I don't know what Megalo Corp. training manual you've been getting your info from. But I'm pretty sure when a kid signs his letter of intent, it doesn't include a relinquishment of his image and/or intellectual property rights. Who do you work for anyway? 3M? DuPont? Jeez!

 

I do agree that students are already being compensated with their tuition and some cash allowances. But I also wouldn't feel bad for the juggernaut that is EAsports if some more of my dough made it into the general scholarship fund.

[Huskers Forever]

what happened? did he lose his job at Burger King for throwing cups at people? This tool needs to get lost. Maybe Nebraska could sue him to recover the lost PR money and wasted scholarship money when he lied and said he could play quarterback.

 

what a jacka**

The thing is, most of us really liked the guy. He was freakin hillarious, and showed really good support for his teamates after he got hurt.

 

But yeah, this lawsuit is a joke,

[teachercd]

This is lamer then filing a lawsuit vs McDonalds for making you fat.

[IBleedHuskerRed]

“With rare exception, virtually every real-life Division I football or basketball player in the NCAA has a corresponding player in Electronic Arts' games with the same jersey number, and virtually identical height, weight, build and home state,” the lawsuit said. “In addition Electronic Arts often matches the player's, skin tone, hair color, and often even a player's hair style."

http://nebraska.statepaper.com/vnews/displ...6/4a01e90d72612

And yet on NCAA 09, Quentin Castille is the biggest white guy you ever see.

[teachercd]

“With rare exception, virtually every real-life Division I football or basketball player in the NCAA has a corresponding player in Electronic Arts' games with the same jersey number, and virtually identical height, weight, build and home state,” the lawsuit said. “In addition Electronic Arts often matches the player's, skin tone, hair color, and often even a player's hair style."

http://nebraska.statepaper.com/vnews/displ...6/4a01e90d72612

And yet on NCAA 09, Quentin Castille is the biggest white guy you ever see.

 

 

See, now QC has grounds for a lawsuit!

[Enhance]

They pay the NCAA in order to use the univeristy names and uniforms, staduims, fight songs and so on. The NCAA then gives the money to the schools and keeps some to itselft. Same with clothing. Thats why what ever company has the deal with that team is the only one with authorized merchandise. The money goes to the university.

 

Its really pretty simple. He accepts a scholarship and in doing so basically gives up his individual marketing rights. He no longer 'owns' his likeness. Nebraska does. And that is the way it is untill he no longer on scholarship. This is much like when you work for a corporation. Any work, ideas, products, improvement that you come up with at work, belong to your company, not you.

 

According to Unsportsmanlike Conduct, a radio show on a.m. 1620, a school like Nebraska makes 8% off of all team jersey sales and other things of the sort. They suggested giving a guy something like half of that 8% (4%). I think that is completely fair, considering if a fan buys a #10 jersey with Helu written on the back, it's mostly because they really like the player and want his jersey. A fan isn't going to buy a jersey of a no-name walk on who will never see the field. Considering the player is the reason people buy a jersey, they should see some of that. Going by Nebraska sales of these things, a player could make up to $25,000 off something like that.

 

Now, granted this isn't exactly what Keller's lawsuit is about, I still think it's fair to give guys some sort of payment for things like this. If games are going to portray these players, they should get something for it. I wouldn't let somebody make a video game exactly about me without letting me see some sort of payment. That's just my 2 cents though.