Sam Keller files lawsuit against EA sports and the NCAA

gamecocks said:
Husker_x said:
As for the athletes not getting money issue, my tears dry pretty quickly. In addition to getting a free education (most of which would ordinarily be out of state tuition rates for the scholly guys), there's the board that's paid for, the meals at the training table, top medical attention the entire time you're with the team. On top of that you're a walking talking deity in Lincoln, NE, and you're in prime position to make your case as to why you should be playing on Sundays in the NFL. The opportunities afforded you simply for being a Husker are worth their weight in gold. And you're telling me that some pixel image (which 99% of the time is blocked by a helmet) constitutes a likeness? Please.
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Couldn't the argument be made that you should not be paid a salary or an hourly wage because of all the extra benefits that you get with your job. Free meals at the cafeteria, free health care, 401K, Paid vacation, sick leave, plus free training at your job. I don't blame Sam at all for this. I am the same way at my job, when there is extra money that I am making for the store, I want to make sure I am getting my fair share of what is coming in, and this is no different from what Sam is sueing the NCAA and EA Sports for.
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Do you give your wages back when the month doesnt go as well, or if the company loses money? you cant have it both ways. It is my opinion that if thats your way of thinking, you should give back your pay if you under perform, lose clients/customers, profit goes down, your late to work so on and so on..

By your way of thinking Sam owes the University back for his free schooling, free board and free meals. He way under performed and didnt live up to his "wage".

 
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Here are my thoughts...

1) Despite being a former Husker, this move solidifies my opinion that Keller is a whiner and cry-baby.

2) He is right that the game does attempt to use accurate representations of players.

3) He is wrong in that the game does not use likenesses. If a picture of Keller appeared next to his stats (like Madden) he would have a case, as is it is a generic form model that resembles many other people. I know it is dividing black and white with a thick gray marker, but I feel this is where the case will go.

4) The University, and athletic department, does make money off this and those funds are used to do things like pay for meals and hotels on away games and furnish each athlete with a complete university wardrobe. At UNL this is a given, but at some smaller schools they can't afford all of the small perks.

5) If this suit makes the NCAA pull all of its collegiate games, I will in fact hate Keller forever....

 
Husker NoNo said:
Here are my thoughts...

1) Despite being a former Husker, this move solidifies my opinion that Keller is a whiner and cry-baby.

2) He is right that the game does attempt to use accurate representations of players.

3) He is wrong in that the game does not use likenesses. If a picture of Keller appeared next to his stats (like Madden) he would have a case, as is it is a generic form model that resembles many other people. I know it is dividing black and white with a thick gray marker, but I feel this is where the case will go.

4) The University, and athletic department, does make money off this and those funds are used to do things like pay for meals and hotels on away games and furnish each athlete with a complete university wardrobe. At UNL this is a given, but at some smaller schools they can't afford all of the small perks.

5)If this suit makes the NCAA pull all of its collegiate games, I will in fact hate Keller forever....
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Out of every excellent point made here, the last one says it all. What does this guy actually think is going to happen here? This will be like Metallica vs. Napster on roids.

 
Are people really defending Mr. Keller on this? Does no one find the timing of the lawless a little off? Why now? Fade away into obscurity and take Brett Favre with you.

 
newearthhusker said:
HuskerJen said:
1. I'm a woman...get your personal pronouns right. I know, I know...it's impossible for you to believe that a real woman could: know about football, discuss it intelligently and post on a male dominted site like this.
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Actually I talk football all the time with my mom, sisters, dad's wife and a couple of the women at work. Not all that impossible to believe.

For the record I didn't even know you made that post until I went back and looked over this thread after making the post you responded to.

Sorry if I offended you by using he when I was referring to someone else. From now on I will just refer to everyone on this board as dude. Male or Female. Yes I do call my wife and mother dude as well.

2. Proven? No. But we all have heard what the word is regarding this situation through the grapevine.
And, when people I know, and trust, who are a lot closer to the daily ins and outs of the program than I am, are all whispering the same thing...it generally tends to be true-even if it can't be "proven" in the court of law sense.
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Kind of like the whole Cody Glenn thing? Tickets? Stat. Rape?

Or like Solich and the cheerleader or was it a nurse?

I think you get what I’m saying.

I run into one of Keller’s former teammates and roommates while he was in Lincoln every now and again, maybe next time I see him I’ll ask him about it.

zoogies said:
What's this about Sam Keller and "blow"? (I haven't heard anything about it, actually...)

And Jen, newearth was responding to UGA who quoted your post but messed up so it looked like it was mine. See #34 :P
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Correct
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Thanks for clarifying.

 
UGAHusker said:
I don't see why one assumes the worst just because one surrounds the word "blow" with quotes.
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simpsons2006_Bart_185_1177961477.jpg
"I didn't think it was physically possible, but this thread both sucks and blows. "

 
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fro daddy said:
gamecocks said:
Husker_x said:
As for the athletes not getting money issue, my tears dry pretty quickly. In addition to getting a free education (most of which would ordinarily be out of state tuition rates for the scholly guys), there's the board that's paid for, the meals at the training table, top medical attention the entire time you're with the team. On top of that you're a walking talking deity in Lincoln, NE, and you're in prime position to make your case as to why you should be playing on Sundays in the NFL. The opportunities afforded you simply for being a Husker are worth their weight in gold. And you're telling me that some pixel image (which 99% of the time is blocked by a helmet) constitutes a likeness? Please.
Click to expand...
Couldn't the argument be made that you should not be paid a salary or an hourly wage because of all the extra benefits that you get with your job. Free meals at the cafeteria, free health care, 401K, Paid vacation, sick leave, plus free training at your job. I don't blame Sam at all for this. I am the same way at my job, when there is extra money that I am making for the store, I want to make sure I am getting my fair share of what is coming in, and this is no different from what Sam is sueing the NCAA and EA Sports for.
Click to expand...

Do you give your wages back when the month doesnt go as well, or if the company loses money? you cant have it both ways. It is my opinion that if thats your way of thinking, you should give back your pay if you under perform, lose clients/customers, profit goes down, your late to work so on and so on..

By your way of thinking Sam owes the University back for his free schooling, free board and free meals. He way under performed and didnt live up to his "wage".
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I am strickly commission at my job, it I don't sell, I make NO money.

This really wasn't my point, I just get tired of hearing that these kids should not get paid anything because of the argument that they get all the little extra things from the university.

 
huskerpilot said:
due to my secondary profession (web designer), I've taken plenty of copyright/patent classes. He has no case here. As a public figure you have no right to your own image unless it is used as a means for making money for yourself (a model, or someone who signs their body rights away, like tiger woods). He has no such contract, and put himself forward as a public figure. no case my man.
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So..

Maybe you could answer this one for me.

How are Paparazzi able to take pictures of celebrities (And anyone else that happens to be in their shot)...Sell the pictures to tabloids..Make $ten grand..all without anyone's consent and often while endangering the lives of all parties involved?

If there is a law or precedent allowing this, it might similarly dismiss this case.

 
Husker NoNo said:
Here are my thoughts...

1) Despite being a former Husker, this move solidifies my opinion that Keller is a whiner and cry-baby.

2) He is right that the game does attempt to use accurate representations of players.

3) He is wrong in that the game does not use likenesses. If a picture of Keller appeared next to his stats (like Madden) he would have a case, as is it is a generic form model that resembles many other people. I know it is dividing black and white with a thick gray marker, but I feel this is where the case will go.

4) The University, and athletic department, does make money off this and those funds are used to do things like pay for meals and hotels on away games and furnish each athlete with a complete university wardrobe. At UNL this is a given, but at some smaller schools they can't afford all of the small perks.

5) If this suit makes the NCAA pull all of its collegiate games, I will in fact hate Keller forever....
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I disagree about #3

Their "Likeness" includes their body make-up, their 40-times, etc.

How else are they going to get repeat business?

Every year or two, most of the players on your favourite team(s) change players like dead skin cells.

Making you "want" to get the newest version no matter what other improvements they've made.

Sure..It's way cool to have the game and "see" yourself playing in a virtual game..could almost be considered a perk..But without the use of players likenesses, the demand for this product is severely diminished.

I feel this case has merit as a class action.

Just not worth much$

 
Husker_x said:
HUSKER 37 said:
Husker_x said:
This lawsuit is ridiculous. This is the exact kind of stupid bullsh#t that will have us living in Orwell's 1984 or Huxley's Brave New World. Sam Keller needs to get a day job. He's only making a fool out of himself.

As for the athletes not getting money issue, my tears dry pretty quickly. In addition to getting a free education (most of which would ordinarily be out of state tuition rates for the scholly guys), there's the board that's paid for, the meals at the training table, top medical attention the entire time you're with the team. On top of that you're a walking talking deity in Lincoln, NE, and you're in prime position to make your case as to why you should be playing on Sundays in the NFL. The opportunities afforded you simply for being a Husker are worth their weight in gold. And you're telling me that some pixel image (which 99% of the time is blocked by a helmet) constitutes a likeness? Please.

This isn't fighting the man. It's got nothing to do with economic unfairness to athletes. It's just a pathetic attempt to draw attention to oneself and maybe make a few bucks in the process. Disgraceful. Another fine example of the wussy culture breeding in this country today.
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Yeah!

You're right!

This state and University doesn't need Football.

There's PLENTY of us who will gladly strap it on, even if only to play Flag Football.

Sure, our sold out streak might end, but think of all the money we'll save on all those free scholarships.

Not to mention all those plane ticket$$$ to all the Bowlgames for the players, band members, cheerleaders and faculty...

Plus it would free up more Saturdays to work on our Honeydoo Lists.
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What the hell are you talking about?
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Mainly that as a whole..They give much more than they get.

A large portion of them never get any more financial aid than any other students..

They'd be better off (physically and financially) getting a part time job like everyone else that isn't able to rely on Daddy's money...Less damage to the knees, shoulders....

That's one of the great things about college ball..They play for either the love of the game..the possibility of eventually making millions in the NFL...a few for the education assistance (which again..would be more with a part time job or three)...Or probably some just for the quality 'tang.

 
even if they were to force a change it wouldn't even matter now that the games offer downloadable rosters (which there is NO way they would be able to control/ monitor that). So maybe they force EA to give all players random appearances and attributes? So what, the people putting in names for every player would just be delayed another few days editing other stuff. eventually you would get complete rosters, and because its user created, good luck going after that. You can't tell EA to put artificial barriers on their software that in and of itself doesn't do anything "wrong" as they would have the argument that it would inhibit sales (which it would).

Man, EA's competitionless games have been going downhill without being attacked by frivolous lawsuits. That last shred of respect I might have had for Keller just went out the window.

 
Why stop with EA, sue the networks that broadcast NCAA football as well. :sarcasm

 
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