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Locked due to no posts in 60 days. Report 1st post if need unlocked EA Sports Cancels NCAA Football Video Game Series
- Thread starter SWVAHusker
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And they use the actual human being player and not a likeness...
Or the entire US military should sue for their likeness in those games, or the newer games. Heck, if I were a maker of any gun, Id sue as well for the likeness. Some soldiers are on welfare, but the Call of Duty franchise has netted hundreds of millions of dollars. Maybe its time those people step up and get what they "deserve".
Go for it! It's your right.
The homeless should sue the makers of a homeless documentary where revenue streams resulted from advertisements and direct DVD sales, attributed to the likeness of the homeless....if Hitler were alive he could sue for his involvment as a character in Doom...you know, the whole "who has a mustache like mine?" argument...OK I'm done now...
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What holes?
Virtual dialogue from virtual courtroom...
Defense attorney: so, Sam, your virtual likeness was a money maker for video games?
Sam: absolutely
DA: so, your likeness had an arm strength of 89, is that accurate? In addition, Your skin tone appears pale, did your avatar accurately reflect your newly acquired tan, or did you find inaccuracy with the shade from your junior to your senior year?
Sam: well, really my injury propensity rating is what gets me...I mean, seriously, how many times did I get turf toe? A 45? I should have been a 25 at least...
DA: so, you agree that the QB does not accurately reflect your skills or skin tone?
Sam: no. I'm just saying that I was pale in the game, but acquired a tan, and never got injured, bit quite often played through pain...
DA: so, you feel there should have been more consideration given to your virtual self worth a pain tolerance category?
Sam: absolutely
DA: so, you basically developed and marketed this game?
Sam: well, no. But all of the student athletes contributed their skin tones, height, weights and dexterity...
DA: you do realize the video game isn't real?
Sam: yes...but its me at qb. I promise. Its me. Just not the exact skin tone or pain management score...but everything else is me...
DA: so, if that's you in the video game, how do you explain an accuracy rating of 84 but only completing 60% of your passes?
Sam: the 12 year old didn't utilize my skills as I would have...
DA: as you would have or did...cause if it happens in the game, its real...
Sam: not real in the game. If I was in that game I would have torched Kansas for 400 yards..
DA: I thought you said you were in the game...
Sam: I am..er, I was...
DA: so you were on the cover of the video game, or at least prominent...
Sam: no. But my virtual self, however subjectively flawed, had that potential...and that virtual potential should have won me the heisman...
DA: so your virtual self sold video games?
Sam: no.
DA: so your actual self sold games?
Sam: no. But collectively the virtual players played the virtual games and therefore should be paid real money based on virtual performances...
DA: defense rests...
Bet he cashes the check.
They didn't use your likeness.
I skip down to your final line...The defense HAS rested. They settled the case. Now the likely winner of a case sometimes does settle...BUT I'm guessing EA was going to lose this case and I'm guessing EA was of the same opinion. Therefore they settled and are going to quit doing what they were doing.
These arguments are so incredibly stupid.
They didn't? So there were no actual individuals whose virtual capabilities, rank, involvement and affiliation were captured within the game? How about the virtual campaign to overtake Iwo jima and raise the flag? That's in the game...those people are easily isolated and recognizable...
Media covering a sporting event is NOT a commercial enterprise in the same way that EA sports is.
Parking lot money? really? I was in a fraternity that sold the lot on game days. Of course the players don't have rights to that money. neither does the university. NOW...if we put up a billboard that said "Gerry Gdowski says park here! ------>" with his likeness on it? That's crossing the line. I'm sure if we used University of Neb. logos in any advertising for parking they would have been on our doorstep the first Monday after we tried it.
Parking lot money? really? I was in a fraternity that sold the lot on game days. Of course the players don't have rights to that money. neither does the university. NOW...if we put up a billboard that said "Gerry Gdowski says park here! ------>" with his likeness on it? That's crossing the line. I'm sure if we used University of Neb. logos in any advertising for parking they would have been on our doorstep the first Monday after we tried it.
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