Never played these games but why do the game players need to look like current stars? Why don't they just let the gamers put in whatever photo they want to for the players?
The legal argument isn't that each player in the video game has a face that specifically looks like a real life college football player. In the NCAA football video games the "players" always wear helmets and never actually show a face. The legal argument is based upon the fact that EA Sports uses the height, weight and other vital statistics from real life players. They give a video game player the option of editing the "players" names so they can use the real names of the guys those characters are supposed to represent.
The fact that video game technology has advanced so much in the past 10 years or so is what makes this issue so difficult. Each video game character is given a ranking in the game based on their speed, throwing skills, pass catching skills, etc. The argument goes that those rankings are based on the real life performances of the college football players those video game characters represent. So, for example, #3 for Nebraska in NCAA Football 14 has rankings that represent the speed, agility, throwing skills, etc. of Taylor Martinez. EA Sports doesn't openly discuss how they calculate these rankings and I highly suspect they don't want that info public because it would go very badly for them in court if it became public. It is known that in the NFL Madden video game these rankings are based upon real life performances of players. I highly suspect that the rankings in NCAA Football are based upon 40 times and previous game performances of real life players. The mathmatical computations going on "behind the scenes" in the video game use these rankings as well as the input by the video game player, to help run the game.
It's a bit complicated to explain. The bottom line though is that it appears that lawyers for many NCAA schools, as well as the conferences, were uncomfortable about the legal exposure of allowing their trademarks to be used in the video game.
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