Sam Keller's lawsuit against EA/NCAA

[BigRedBuster]

ESPN gameday, TV broadcasts, CFB playoffs...etc. are all promoting the actual player and what that player is doing. Ultimately, 99% of those players went to that school to play on the biggest stage a game they love in front of millions of people. They have a chance to get a college education while doing it and the lucky and talented ones then get to cash in with an NFL paycheck. They have control. If they don't want to be in the CFB playoffs, don't be on the team. If they don't want to be on the cover of the college preview magazine, don't pose for the picture. The rest of what is in a magazine is part of the free press.

Now, contrast that with a totally separate company taking the likeness of the player where that player has no control over how it is used, his permission...etc and making millions. I have no problem with Keller's and the rest of the plaintiff's opinion on this. It was settled in court and that is done.

Now, if they want to take that and try to claim ESPN, CFB Playoffs...etc. fall under the same guidelines, then that is their prerogative. It is likely to destroy what they love about playing this sport and I hope they realize it. But...that is up to them.

You can respond if you want. I'm done with the subject. This was discussed at great lengths over the last few years and I have no desire to rehash it.

If they destroy college football, I'll take my own advice and find something else to do on Saturdays in the fall. Not a big deal.

 

[Saunders]

In the end it's simple, they could have allowed EA to pay the players, or go fully randomized, and just let the gamers create their own rosters. Instead, the NCAA pulled the plug because they were trying to stem the tide.

 

[Husker_luver]

It's a friggen game. Good Lord. Some people are pissed at this like it greatly affected their happiness.

Sam has ever right to make claims on his likeness however he sees fit. EA was cashing in on all this without paying a dime for what they were using. They were told to cut it out. Big deal.

I am, and it did. It's one of my favorite franchises and was a great way to pass the offseason.
EA wanted to pay to actually use the players real likeness (like their face and name) not just a generic representation. The NCAA didn't want to open pandoras box (like paying players) and it bit them in the a$$. Pre-season magazines and stuff like Sports illustrated are next. They'll go after TV in 5 years when the next round of TV rights gets into full swing. After all, they use actual player images, not a generic representation.

Very very different situations when you are talking about TV showing a game they are playing in and a company taking their likeness and doing something totally different with it and making millions.
It's a friggen game. Find something else to do.

Please tell me how ESPN selling advertising (or charging cable fees) for Gameday, or the CFB playoff (making 100x what EA did) and showing the players actual pictures and acts on the field... is less relevant than EA using a character model that doesn't even look like the actual players.
As for your last statement, it's something I (and millions of others, including the players themselves) enjoy. I have found something else to do, that doesn't mean I can't voice my displeasure in how it was handled.

I agree with you here. ESPN and others, but ESPN especially, are bringing in the big bucks from these kids also.

 

[Saunders]

ESPN gameday, TV broadcasts, CFB playoffs...etc. are all promoting the actual player and what that player is doing. Ultimately, 99% of those players went to that school to play on the biggest stage a game they love in front of millions of people. They have a chance to get a college education while doing it and the lucky and talented ones then get to cash in with an NFL paycheck. They have control. If they don't want to be in the CFB playoffs, don't be on the team. If they don't want to be on the cover of the college preview magazine, don't pose for the picture. The rest of what is in a magazine is part of the free press.

Now, contrast that with a totally separate company taking the likeness of the player where that player has no control over how it is used, his permission...etc and making millions. I have no problem with Keller's and the rest of the plaintiff's opinion on this. It was settled in court and that is done.

Now, if they want to take that and try to claim ESPN, CFB Playoffs...etc. fall under the same guidelines, then that is their prerogative. It is likely to destroy what they love about playing this sport and I hope they realize it. But...that is up to them.

You can respond if you want. I'm done with the subject. This was discussed at great lengths over the last few years and I have no desire to rehash it.

If they destroy college football, I'll take my own advice and find something else to do on Saturdays in the fall. Not a big deal.

EA gets their license directly from the NCAA, just like ESPN does. The players give just as much to Agreement to EA as they did to ESPN.
That's my point. If you're fine with it blowing up the sport, then so be it. But way too many people dismiss it as "Der, vidyagames" and don't see where it's headed.

 

[Husker_luver]

Maybe down the road they can bring it back one way or another. Loved the game put it was getting to the point where EA was adding very little year to year with unfixed mistakes from the previous year. Loyal gamers let them off the hook with this stuff. I'm guilty.

 

[BIG ERN]

Maybe down the road they can bring it back one way or another. Loved the game put it was getting to the point where EA was adding very little year to year with unfixed mistakes from the previous year. Loyal gamers let them off the hook with this stuff. I'm guilty.

Agree, but there is only a certain amount of things you can do with a sports game after a period of time. Not gonna lie, not having this game anymore sucks for those who played it all these years. Even talking with college athletes now they want the game back. Just takes a few sour apples whose careers didnt go the way they wanted and they cry about it like they are entitled while in college. Take that free education that you A) Wouldn't have even gone to college or B) Would be in $80k debt after you graduated

 

[sd'sker]

Maybe down the road they can bring it back one way or another. Loved the game put it was getting to the point where EA was adding very little year to year with unfixed mistakes from the previous year. Loyal gamers let them off the hook with this stuff. I'm guilty.

Agree, but there is only a certain amount of things you can do with a sports game after a period of time. Not gonna lie, not having this game anymore sucks for those who played it all these years. Even talking with college athletes now they want the game back. Just takes a few sour apples whose careers didnt go the way they wanted and they cry about it like they are entitled while in college. Take that free education that you A) Wouldn't have even gone to college or B) Would be in $80k debt after you graduated

this is great. you are whining about literally being entitled to a video game. kudos.

 

[Count 'Bility]

Maybe down the road they can bring it back one way or another. Loved the game put it was getting to the point where EA was adding very little year to year with unfixed mistakes from the previous year. Loyal gamers let them off the hook with this stuff. I'm guilty.

Agree, but there is only a certain amount of things you can do with a sports game after a period of time. Not gonna lie, not having this game anymore sucks for those who played it all these years. Even talking with college athletes now they want the game back. Just takes a few sour apples whose careers didnt go the way they wanted and they cry about it like they are entitled while in college. Take that free education that you A) Wouldn't have even gone to college or B) Would be in $80k debt after you graduated

this is great. you are whining about literally being entitled to a video game. kudos.

You're alive?

 

[BIG ERN]

Maybe down the road they can bring it back one way or another. Loved the game put it was getting to the point where EA was adding very little year to year with unfixed mistakes from the previous year. Loyal gamers let them off the hook with this stuff. I'm guilty.

Agree, but there is only a certain amount of things you can do with a sports game after a period of time. Not gonna lie, not having this game anymore sucks for those who played it all these years. Even talking with college athletes now they want the game back. Just takes a few sour apples whose careers didnt go the way they wanted and they cry about it like they are entitled while in college. Take that free education that you A) Wouldn't have even gone to college or B) Would be in $80k debt after you graduated

this is great. you are whining about literally being entitled to a video game. kudos.

Sorry that you didn't enjoy playing the game. I never claimed I was entitled to it, it was just fun to play when I had nothing better to do.

 

[knapplc]

Maybe down the road they can bring it back one way or another. Loved the game put it was getting to the point where EA was adding very little year to year with unfixed mistakes from the previous year. Loyal gamers let them off the hook with this stuff. I'm guilty.

Agree, but there is only a certain amount of things you can do with a sports game after a period of time. Not gonna lie, not having this game anymore sucks for those who played it all these years. Even talking with college athletes now they want the game back. Just takes a few sour apples whose careers didnt go the way they wanted and they cry about it like they are entitled while in college. Take that free education that you A) Wouldn't have even gone to college or B) Would be in $80k debt after you graduated

this is great. you are whining about literally being entitled to a video game. kudos.

You're alive?

We thought you was a toad.

But for real, though. I get the guys who are upset about the game being gone. It's a pastime you enjoy, and it sucks that you can't do it anymore. You're not trying to hurt anyone, you're just playing a game. I'm not trying to hurt anyone wearing the shirt I'm wearing, but it's possible some child labor sufferer had to put it together during a 16-hour day. That sucks for everyone, but I'm not intentionally causing anyone harm. I'm just wearing this shirt because I look so damned good in it.

I don't think Keller or O'Bannon or any of the other players who signed up for the lawsuit deserve your ire, though. They're not wrong, either; they're also victims.

 

[BIG ERN]

Maybe down the road they can bring it back one way or another. Loved the game put it was getting to the point where EA was adding very little year to year with unfixed mistakes from the previous year. Loyal gamers let them off the hook with this stuff. I'm guilty.

Agree, but there is only a certain amount of things you can do with a sports game after a period of time. Not gonna lie, not having this game anymore sucks for those who played it all these years. Even talking with college athletes now they want the game back. Just takes a few sour apples whose careers didnt go the way they wanted and they cry about it like they are entitled while in college. Take that free education that you A) Wouldn't have even gone to college or B) Would be in $80k debt after you graduated

this is great. you are whining about literally being entitled to a video game. kudos.

You're alive?

We thought you was a toad.

But for real, though. I get the guys who are upset about the game being gone. It's a pastime you enjoy, and it sucks that you can't do it anymore. You're not trying to hurt anyone, you're just playing a game. I'm not trying to hurt anyone wearing the shirt I'm wearing, but it's possible some child labor sufferer had to put it together during a 16-hour day. That sucks for everyone, but I'm not intentionally causing anyone harm. I'm just wearing this shirt because I look so damned good in it.

I don't think Keller or O'Bannon or any of the other players who signed up for the lawsuit deserve your ire, though. They're not wrong, either; they're also victims.

People need to know the actual story as well. O'bannon didn't even care until Sonny Vaccaro brought to his attention that they could make money off the lawsuit. Of course after the fact that he was paid $4 Million to play two NBA seasons.

 

[Count 'Bility]

Why cant anyone play the game anymore? Hell, I still play the '05 version for PS2 because I happen to think it's the least complicated and best one they ever made.

 

[knapplc]

People need to know the actual story as well. O'bannon didn't even care until Sonny Vaccaro brought to his attention that they could make money off the lawsuit. Of course after the fact that he was paid $4 Million to play two NBA seasons.

That's irrelevant, but the bold is doubly irrelevant. O'Bannon's level of caring can change over time, it can be based on his own vested interest, and/or he can earn money off his talents anywhere and any way he wants, and that still doesn't mean it's OK for gamers to play a game featuring his likeness without his profit or consent.

 

[StPaulHusker]

Except they used player likenesses without permission. And yeah the NCAA didn't do anything about, but then when a few of the athletes lawyer up it's the athletes fault the game dies? I don't think so. The finger here points solely at EA. Randomly generated rosters with the ability to edit and share among users, which is in the game, and we are talking about what NCAA 16 has in it this year. EA milked the franchise for every last penny they could knowing full well what they were doing. They just took it as an opportunity to cash out.

Also if you liked Wing Commander, check out Star Citizen. Developed by the same guy.

That depends entirely on what the definition of a "likeness" is. In video work, if you can't recognize a person's face, it doesn't matter. As a former Operation Sports guy/roster editor for NCAA, I can tell you that from a height, weight, number, and skin tone aspect, EA was batting maybe 20%. When you combine that with the fact that not a single one of the character models actually looked like their real life counterparts, it's baffling. In fact, if you were to take the number off the player (and they don't always get those right), I bet most people could guess maybe on player on the entire roster. This reeks of the same type of case as Lindsay Lohan suing Rockstar over the GTA cover girl.
As for Star Citizen, I'm waiting until there's an actual game to play before spending $300 on imaginary spaceships. Chris hasn't made anything in a long time...

I have a hard time believing your 20% number. I would go through and name Nebraska's entire roster plus other top rated players and recruits every year and wait for someone to finish a full roster. I'd say at minimum, 90ish% of our roster was easy to know who it was supposed to be. Most height was within an inch or 2 if not exact and weight 5-10lbs off if not exact. Heck, recruits were from the same state as their real life counter part. EA doesn't hold some morale high ground here.

As a hardcore fan, we could figure it out just with positions and numbers. That doesn't make a likeness.

But I think we are getting very particular. I mean if EA says a Husker player weighs 220 lbs but our media guide says he weighs 219, technically that isn't the same likeness

 

[DrunkOffPunch]

Loved the game but maybe EA should have just made rosters without actual players. Although they were getting bad at making improvements to the game anyways.

The conferences pulled their licences. So no actual venue, or color scheme could have been used. It would not be worth the dev cost at that point.

I read it was EA not wanting to renew the NCAA licence. They were actually going to make a college football game without licenses similar to the way FIFA games have teams/leagues that aren't licensed, but then stopped once they realised fans probably wouldn't want to play a college football game where they can't actually 'play as their favorite team.'

Nope. The Conferences started yanking the rights as soon as this hit the media and the piling on over 'likeness' started to mount. EA killed it after the names were gone. There is much more fault with the NCAA than EA also, as EA had broached escrowing some money as a delayed payment to players after they graduated, and the NCAA declined.

It had been a while so some of the details in my head were off but this is where I got my info.
http://www.theverge.com/2013/7/17/4532452/ncaa-wont-renew-licensing-agreement-with--arts