Judge tosses Keller case against EA

[Saunders]

A federal judge on Monday threw out a former college quarterback’s claim against EA Sports, regarding the use of his likeness in past versions of NCAA Football. While the ruling clears Electronic Arts in a legal sense, Samuel Keller’s claims still will proceed against the NCAA and the Collegiate Licensing Company, and the outcome still could have ramifications for the popular sports video game.
Keller, a former Nebraska and Arizona State quarterback, alleged EA Sports conspired with the NCAA and CLC to force athletes to sign away the rights to their likenesses in perpetuity. Judge Claudia Wilken of US District Court for the Northern District of California, found that EA Sports had not engaged in any such conspiracy, and dismissed Keller’s claim against it...

http://www.kotaku.com.au/2011/05/judge-tosses-college-athletes-claims-against-ea-sports/

 

[huskerscott]

A federal judge on Monday threw out a former college quarterback’s claim against EA Sports, regarding the use of his likeness in past versions of NCAA Football. While the ruling clears Electronic Arts in a legal sense, Samuel Keller’s claims still will proceed against the NCAA and the Collegiate Licensing Company, and the outcome still could have ramifications for the popular sports video game.
Keller, a former Nebraska and Arizona State quarterback, alleged EA Sports conspired with the NCAA and CLC to force athletes to sign away the rights to their likenesses in perpetuity. Judge Claudia Wilken of US District Court for the Northern District of California, found that EA Sports had not engaged in any such conspiracy, and dismissed Keller’s claim against it...

http://www.kotaku.com.au/2011/05/judge-tosses-college-athletes-claims-against-ea-sports/

Thank goodness!!!!

Did the judge pop in the 2008 version and realize you had to change Sam's number, helmet style, add a visor, add the sleeves to get the character to remotely look close to Sam???? I hope so because that shouldve killed the case right their.

 

[Saunders]

A federal judge on Monday threw out a former college quarterback’s claim against EA Sports, regarding the use of his likeness in past versions of NCAA Football. While the ruling clears Electronic Arts in a legal sense, Samuel Keller’s claims still will proceed against the NCAA and the Collegiate Licensing Company, and the outcome still could have ramifications for the popular sports video game.
Keller, a former Nebraska and Arizona State quarterback, alleged EA Sports conspired with the NCAA and CLC to force athletes to sign away the rights to their likenesses in perpetuity. Judge Claudia Wilken of US District Court for the Northern District of California, found that EA Sports had not engaged in any such conspiracy, and dismissed Keller’s claim against it...

http://www.kotaku.com.au/2011/05/judge-tosses-college-athletes-claims-against-ea-sports/

Thank goodness!!!!

Did the judge pop in the 2008 version and realize you had to change Sam's number, helmet style, add a visor, add the sleeves to get the character to remotely look close to Sam???? I hope so because that shouldve killed the case right their.

Don't forget, the EA "Sam" was actually good.

 

[huskerscott]

A federal judge on Monday threw out a former college quarterback’s claim against EA Sports, regarding the use of his likeness in past versions of NCAA Football. While the ruling clears Electronic Arts in a legal sense, Samuel Keller’s claims still will proceed against the NCAA and the Collegiate Licensing Company, and the outcome still could have ramifications for the popular sports video game.
Keller, a former Nebraska and Arizona State quarterback, alleged EA Sports conspired with the NCAA and CLC to force athletes to sign away the rights to their likenesses in perpetuity. Judge Claudia Wilken of US District Court for the Northern District of California, found that EA Sports had not engaged in any such conspiracy, and dismissed Keller’s claim against it...

http://www.kotaku.com.au/2011/05/judge-tosses-college-athletes-claims-against-ea-sports/

Thank goodness!!!!

Did the judge pop in the 2008 version and realize you had to change Sam's number, helmet style, add a visor, add the sleeves to get the character to remotely look close to Sam???? I hope so because that shouldve killed the case right their.

Don't forget, the EA "Sam" was actually good.

I know I friggin tore through every defense. One game I called the option and he scored from about 40 yards out.

 

[Kinto]

A federal judge on Monday threw out a former college quarterback’s claim against EA Sports, regarding the use of his likeness in past versions of NCAA Football. While the ruling clears Electronic Arts in a legal sense, Samuel Keller’s claims still will proceed against the NCAA and the Collegiate Licensing Company, and the outcome still could have ramifications for the popular sports video game.
Keller, a former Nebraska and Arizona State quarterback, alleged EA Sports conspired with the NCAA and CLC to force athletes to sign away the rights to their likenesses in perpetuity. Judge Claudia Wilken of US District Court for the Northern District of California, found that EA Sports had not engaged in any such conspiracy, and dismissed Keller’s claim against it...

http://www.kotaku.com.au/2011/05/judge-tosses-college-athletes-claims-against-ea-sports/

Thank goodness!!!!

Did the judge pop in the 2008 version and realize you had to change Sam's number, helmet style, add a visor, add the sleeves to get the character to remotely look close to Sam???? I hope so because that shouldve killed the case right their.

Don't forget, the EA "Sam" was actually good.

LOL!!!!!

 

[Saunders]

A federal judge on Monday threw out a former college quarterback’s claim against EA Sports, regarding the use of his likeness in past versions of NCAA Football. While the ruling clears Electronic Arts in a legal sense, Samuel Keller’s claims still will proceed against the NCAA and the Collegiate Licensing Company, and the outcome still could have ramifications for the popular sports video game.
Keller, a former Nebraska and Arizona State quarterback, alleged EA Sports conspired with the NCAA and CLC to force athletes to sign away the rights to their likenesses in perpetuity. Judge Claudia Wilken of US District Court for the Northern District of California, found that EA Sports had not engaged in any such conspiracy, and dismissed Keller’s claim against it...

http://www.kotaku.com.au/2011/05/judge-tosses-college-athletes-claims-against-ea-sports/

Thank goodness!!!!

Did the judge pop in the 2008 version and realize you had to change Sam's number, helmet style, add a visor, add the sleeves to get the character to remotely look close to Sam???? I hope so because that shouldve killed the case right their.

Don't forget, the EA "Sam" was actually good.

I know I friggin tore through every defense. One game I called the option and he scored from about 40 yards out.

All I know, is that I didn't pad my completion % with checkdowns to Marlon Lucky....

 

[Blaze1up]

Good, I just want to be able to download the players names when I get the game or it's worthless.

 

[knapplc]

Good, I just want to be able to download the players names when I get the game or it's worthless.

I don't play these games, but I do fantasy baseball and football. I can't imagine how dull it would be to have to draft "unnamed" players.

 

[Saunders]

Good, I just want to be able to download the players names when I get the game or it's worthless.

That wouldn't really have been an issue. They can't limit a consumers use of the product, and when it comes to games, modding or making changes is always legal.

They main thing they would have had to do was make the rosters even more generic than they are. Keller's case was based on a lot of false information. The fact that they even brought up the EA locker share shows how ignorant they are about game and software end user rights.

 

[BIGREDFAN_in_OMAHA]

Good, I just want to be able to download the players names when I get the game or it's worthless.

I don't play these games, but I do fantasy baseball and football. I can't imagine how dull it would be to have to draft "unnamed" players.

ditto

 

[Saunders]

Good, I just want to be able to download the players names when I get the game or it's worthless.

I don't play these games, but I do fantasy baseball and football. I can't imagine how dull it would be to have to draft "unnamed" players.

That's the thing though. You wouldn't be able to do that if Keller wins. The games don't feature names. Only rough statistics. If EA can't use QB#3 because of statistical similaities to Taylor Martinez, then fantasy sports are doomed because they're entirely reliant on real statistics fromt the real world players.

 

[RedDenver]

Guys, this case isn't over. Read the link in the OP. The judge has basically said that EA did no wrong because they followed the licensing deal of the NCAA, but the lawsuit continues against the NCAA for use of likeness. If the NCAA loses the case, then future EA Sports games may not be able to use likenesses.

EDIT: Also note that this only affects NCAA sports and NOT professional sports, so fantasy MLB and NFL would continue unfazed.

 

[knapplc]

That's the thing though. You wouldn't be able to do that if Keller wins. The games don't feature names. Only rough statistics. If EA can't use QB#3 because of statistical similaities to Taylor Martinez, then fantasy sports are doomed because they're entirely reliant on real statistics fromt the real world players.

Eh, not so much. MLB tried a lawsuit a while back in MLBAM vs. CDM. Summary judgment went in favor of fantasy sports, with the judge stating:

"...the court finds that the undisputed facts establish that the players do not have a right of publicity in their names and playing records as used in CBC's fantasy games and that CBC has not violated the players' claimed right of publicity. The court finds further that the undisputed facts establish the names and playing records of Major League baseball players as used in CBC's fantasy games are not copyrightable and, therefore, federal copyright law does not preempt the players' claimed right of publicity."

 

[Saunders]

Guys, this case isn't over. Read the link in the OP. The judge has basically said that EA did no wrong because they followed the licensing deal of the NCAA, but the lawsuit continues against the NCAA for use of likeness. If the NCAA loses the case, then future EA Sports games may not be able to use likenesses.

True it's not completely over, but it's a gigantic blow. Jim Brown already had a similar case tossed a few years ago, expect this to follow.

But, this isn't about just EA. It's about the NCAA licensing in general now. It also will affect any promotional materials universities use (brochures, media guides, posters) and will also have an effect on Television. I talked to a friend who played D-1 basketball, and he said that they signed a waiver to allow the university to use their image for promotion. The question is what all this applies to.

 

[knapplc]

True it's not completely over, but it's a gigantic blow. Jim Brown already had a similar case tossed a few years ago, expect this to follow.

Agreed. I see Keller's side of this (as I saw the side of MLB players back in the day), but the bottom line is, these stats are "out there," published by everyone, everywhere who covers sports. There's absolutely no reason you can't use them in fantasy sports.

The games you guys play are even further removed. Fantasy sports take actual factual game-day stats and plugs them directly into fantasy sport results. In EA's games, they extrapolate capabilities of players based on stats and project them into a simulated game environment.

While I see where Keller and his attorneys are coming from, I think they have very little chance in prevailing here. Like, less than a snowball's chance.