Sam Keller sues the NCAA

M

MUTigerFan

Well-known member
He wants money from the deal between NCAA and EA Sports..

COLLEGE SPORTS
SAN FRANCISCO(AP) - More than a dozen former student-athletes are suing the NCAA in an effort to compensate collegiate athletes.

Former basketball star Ed O'Bannon and quarterback Sam Keller filed two of the eight lawsuits consolidated into one action in San Francisco federal court. Legal analysts say the lawsuits are the most significant challenge the NCAA has faced over the compensation debate.

O'Bannon accuses the NCAA of antitrust violations, alleging it prevents him from receiving royalties when his image is marketed. Keller is suing over the NCAA's deal with Electronic Arts Inc., which he says markets video games using players' images without compensation.

The NCAA argues it does nothing to hinder former athletes' ability to market themselves.

Read more: http://sportsillustrated.cnn.com/2010/more/wires/09/20/2080.ap.sports.briefs.1181/#ixzz10r72JkSP'>http://sportsillustrated.cnn.com/2010/more/wires/09/20/2080.ap.sports.briefs.1181/#ixzz10r72JkSP
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http://sportsillustrated.cnn.com/2010/more/wires/09/20/2080.ap.sports.briefs.1181/

 
Doctor Tom said:
This is very old news...

The Outside the Lines report on it is very funny towards the end though.

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It's actually kind of new, since Keller's suit and Ed O'Bannon's suit were just combined with 6 others into one action in San Francisco Federal court... so it's new in that it's now going forward.

 
I think it's a pretty fair thing to ask. EA Sports and the NCAA are using the likenesses of student athletes for a profit, without those students' permission. The players should be compensated if it's going to happen.

Hopefully if it goes down, the court requires that they'll have to compensate players or universities or something, and EA Sports will hold out, saying it won't make games with players' likenesses if that's the case. Than we can have NCAA2K12, and be rid of the terrible EA Sports games.

 
Hercules said:
I think it's a pretty fair thing to ask. EA Sports and the NCAA are using the likenesses of student athletes for a profit, without those students' permission. The players should be compensated if it's going to happen.

Hopefully if it goes down, the court requires that they'll have to compensate players or universities or something, and EA Sports will hold out, saying it won't make games with players' likenesses if that's the case. Than we can have NCAA2K12, and be rid of the terrible EA Sports games.
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Actually they do get permission. Before they can ever step foot on a field, athletes sign something along the lines of their school, conference, and the NCAA can use their image for marketing purposes.

 
Oklahoma Husker said:
Hercules said:
I think it's a pretty fair thing to ask. EA Sports and the NCAA are using the likenesses of student athletes for a profit, without those students' permission. The players should be compensated if it's going to happen.

Hopefully if it goes down, the court requires that they'll have to compensate players or universities or something, and EA Sports will hold out, saying it won't make games with players' likenesses if that's the case. Than we can have NCAA2K12, and be rid of the terrible EA Sports games.
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Actually they do get permission. Before they can ever step foot on a field, athletes sign something along the lines of their school, conference, and the NCAA can use their image for marketing purposes.
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So, do video games really fall under the umbrella of "marketing purposes?" EA Sports doesn't make a video game in order to advertise for real football games on Saturdays. They do so for their own profit. If players have given permission to use their likeness in a video game, why hasn't EA Sports gone ahead and put names on the back of jerseys? Why is my quarterback's name still "QB #3?"

 
Hercules said:
Oklahoma Husker said:
Hercules said:
I think it's a pretty fair thing to ask. EA Sports and the NCAA are using the likenesses of student athletes for a profit, without those students' permission. The players should be compensated if it's going to happen.

Hopefully if it goes down, the court requires that they'll have to compensate players or universities or something, and EA Sports will hold out, saying it won't make games with players' likenesses if that's the case. Than we can have NCAA2K12, and be rid of the terrible EA Sports games.
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Actually they do get permission. Before they can ever step foot on a field, athletes sign something along the lines of their school, conference, and the NCAA can use their image for marketing purposes.
Click to expand...
So, do video games really fall under the umbrella of "marketing purposes?" EA Sports doesn't make a video game in order to advertise for real football games on Saturdays. They do so for their own profit. If players have given permission to use their likeness in a video game, why hasn't EA Sports gone ahead and put names on the back of jerseys? Why is my quarterback's name still "QB #3?"
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Technically I think video games would fall under it. Basically the NCAA owns that image and can use it for pretty much anything is how I always interpreted it. As far as the names on jerseys go, I've never fully understood why they couldn't do that but have always heard it had something to do with amateurism. Anything that has to do with the NCAA and amateur status is always cloudy to me.

 
It comes from the fact that if you use the person's name you are contractually obliged to pay them for using their likeness. Sure they already are using their likeness, but they could tweak the legal fiction to say that they aren't using that specific person.

 
whateveritis1224 said:
It comes from the fact that if you use the person's name you are contractually obliged to pay them for using their likeness. Sure they already are using their likeness, but they could tweak the legal fiction to say that they aren't using that specific person.
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I think that is the angle they will probably take.

 
I hope Sam and Ed dont see a single dime. It was fine and dandy when they were in college, but now that their playing days are over and no money is coming in then its not cool.

I play college football religiously.... I remember specfically changing Keller #5 to #9, adding the visor to his helmet, putting long sleeves on under the shoulder pads. I guess what they should do is pop in the game in front of the jury and see if they can pick out Sam Keller, if they can then he will prob win the case. Im guessing 11 out of 12 jurors wont have the slightest idea who Sam Keller is or even what schools he even played for. Honestly its hard to tell who the players are without a number,position and hometown attach to them.

 
As we saw when the lawsuit started, this is one of those topics people have strong opinions about with little to no middle ground.

IMO, the EA game is profiting unfairly from people who don't get the opportunity to take in some of that money. If EA really isn't using the players' likenesses, then the teams would be populated randomly much like they are after the preset players have graduated and new players are recruited in the game. I really don't care if Keller sees a dime or not, but I think he'll win that case.

 
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