Sam Keller v. EA Sports

[AR Husker Fan]

On Tuesday, Keller will be in Pasadena to watch his team of lawyers urge the 9th U.S. Circuit Court of Appeals to uphold a trial judge's decision that EA and the NCAA appear to owe the former Cornhusker and — by the extension — thousands of other former players millions of dollars for using their images in the video game.

 

This is getting interesting.

 

LINK

[Saunders]

This better fail as bad as he did, or CFB is screwed.

[Ratt Mhule]

I want my money too. There was a guy in that game that looked exactly like me and he had my name too!.......oh wait, thats bc I created him, but don't tell EA Sports!

[carlfense]

This better fail as bad as he did, or CFB is screwed.

How so?

[Saunders]

This better fail as bad as he did, or CFB is screwed.

How so?

First, if there is any money awarded (which there shouldn't be) then each player is going to get about $3. Then, when they realize that they aren't going to get anything (life sure is hard when you have to work, huh sam?), the TV networks are next. If a supposed digital likeness in some video games is lawsuit worthy, how about the billions of dollars made from televised sporting events. If you hated pay for PPV games, wait till you are paying $50 to watch every game, or having the pay an outrageoust amount for a CFB channel is the norm.

[Malth]

This better fail as bad as he did, or CFB is screwed.

How so?

First, if there is any money awarded (which there shouldn't be) then each player is going to get about $3. Then, when they realize that they aren't going to get anything (life sure is hard when you have to work, huh sam?), the TV networks are next. If you hated pay for PPV games, wait till paying $50 to watch every game, or having the pay an exprbant amount for a CFB channel is the norm.

 

 

 

Not the same situation, and I don't see this happening.

[Saunders]

This better fail as bad as he did, or CFB is screwed.

How so?

First, if there is any money awarded (which there shouldn't be) then each player is going to get about $3. Then, when they realize that they aren't going to get anything (life sure is hard when you have to work, huh sam?), the TV networks are next. If you hated pay for PPV games, wait till paying $50 to watch every game, or having the pay an exprbant amount for a CFB channel is the norm.

 

 

 

Not the same situation, and I don't see this happening.

 

It is exactly the same situation, and it is a very real possibility. The universities and NCAA are very aware of what could happen, and are keeping a very close on eye on this case.

[Pedro Guerrero]

Aren't there numerous other former players involved in this besides Keller? I thought I read in the paper a couple weeks ago that Oscar Robertson joined in on the action as well.

[Saunders]

Aren't there numerous other former players involved in this besides Keller? I thought I read in the paper a couple weeks ago that Oscar Robertson joined in on the action as well.

It's players from various NCAA sports. It's not just college football. Any video game that has used any sort of player "likeness" that's ever been made. Basketball, Football, & baseball.

[gobiggergoredder]

[Touchdown Tommie]

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!

[AR Husker Fan]

I don't see this as the apocalyptic event (assuming the plaintiffs win) that is being alleged. I see two outcomes:

 

1. The key here is the unauthorized use of the likeness. That's easily remedied by amending the grant-in-aid contract (which, after all, it is) to include a specific provision that in accepting the aid the student-athlete forfeits any right of remuneration from any entity to whom the NCAA or the institution contracts their images. Will that lead some student-athletes to forego a grant-in-aid? Highly unlikely. But if there are any, it'll be damn few. The vast majority (and I'd peg that at, conservatively, 99%) will sign anyway.

 

2. That a percentage of profits (note the word profits) will be placed in some kind of escrow account - or even better, some kind of fund for medical care or post-eligibility academic support. Again, this would be accomplished by amending the wording of the grant-in-aid contract.

 

Could the current plaintiffs get a windfall here? Possibly - I don't know if signing a letter-of-intent or related document at this point in time is a waiver of any kind of right. I suspect not, or this case would have ended by summary judgment. So, yes, the plaintiffs may get some money out of this - but I don't see it benefiting, say, next year's signing class or classes thereafter.

[Saunders]

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!

 

This is actually a big point. Just the "NCAA Football" series by EA is 18 years old. Simple estimates put the number of eligible CFB athletes at 30,000, for just one series. If this case "wins" it's not a "victory" for the players. It pads the pockets of the lawyers, and that's it.

[Saunders]

I don't see this as the apocalyptic event (assuming the plaintiffs win) that is being alleged. I see two outcomes:

 

1. The key here is the unauthorized use of the likeness. That's easily remedied by amending the grant-in-aid contract (which, after all, it is) to include a specific provision that in accepting the aid the student-athlete forfeits any right of remuneration from any entity to whom the NCAA or the institution contracts their images. Will that lead some student-athletes to forego a grant-in-aid? Highly unlikely. But if there are any, it'll be damn few. The vast majority (and I'd peg that at, conservatively, 99%) will sign anyway.

 

2. That a percentage of profits (note the word profits) will be placed in some kind of escrow account - or even better, some kind of fund for medical care or post-eligibility academic support. Again, this would be accomplished by amending the wording of the grant-in-aid contract.

 

Could the current plaintiffs get a windfall here? Possibly - I don't know if signing a letter-of-intent or related document at this point in time is a waiver of any kind of right. I suspect not, or this case would have ended by summary judgment. So, yes, the plaintiffs may get some money out of this - but I don't see it benefiting, say, next year's signing class or classes thereafter.

My understanding (from what's been explained to me), is that their contract with the schools already allows such use of a likeness in things such as print promotion and television. Think of all the print articles, TV shows (CFB Live?) and the actual broadcasts themselves. From what I've been told, the video game issue (even though it's not a real likeness of the player) is a gray area in regards to NCAA licensing, and some case lawyers were shopping it around to former NCAA athletes. Sam spent all his time partying it up, and is now trying to cash in since he couldn't make it.

[walksalone]

I think there's some short sightedness here.

 

So if he wins, what about all the kids that played college ball? Don't you think that they'll want a cut too?? I mean there are over 300 D-1 college basketball programs. I'm willing to bet good money that they'll want a cut too, because not all of them are in the "Association".