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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

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The Big Red Lebowski said:
No, just the one's where it's obvious that the likeness is meant to be a specific person and that specific person enhances the marketability of the game. In the case of Keller, the 2005 EA game had the "same height, weight, skin tone, hair color, hairstyle, handedness, home state, statistics, play style (pocket passer), visor preference, facial features, and school year as Keller.

I promise you that if EA Sports made a snowboarder game featuring a rider with the same height, weight, skin tone, hair color, hairstyle, footedness, home state, riding style (big air), hat preference, facial features as Shaun White, they would get sued stat.

Having real players in the EA NCAA football game or Shaun White in a snowboarder game enhances the value of the game. Even if you could satisfy a court that a real soldier's likeness were being used, how does that enhance the marketability of the game? Of course not.
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Well put.
 

bilsker said:
I picture some of you as a version of mel gibson when his kid got abducted...."GIMME BACK MY TOY!"
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Funny. I see Sam Keller's thought process for this lawsuit as, "I didn't make it to the NFL. Better sue people for using my likeness in a video game!"
 
Why do you think NFL players are compensated by EA...via the NFLPA or whoever? Because they are represented. College athletes are not represented by anyone. And EA, the NCAA and the schools take advantage of this at every possible turn.

I'm not necessarily for paying players. But the EA thing took the monetization (is that a word) of college athletes too far.
 



Funky said:
Funny. I see Sam Keller's thought process for this lawsuit as, "I didn't make it to the NFL. Better sue people for using my likeness in a video game!"
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Do you even understand how this stuff works?

I'd bet a significant amount of money that lawyers approached Keller and not the other way around. If there's an unseemly aspect to this case (more unseemly that the NCAA pimps) it's that the lawyers probably dreamed up the case and just needed some faces to represent the "class"....and really the lawyers are the only ones that will get rich off of this. But the good news is that EA will no longer be using the players likenesses and the BEST news is that the NCAA will profit just a little less at the end of the day off of the athletes it so willingly pimps out on a day to day basis.
 
HuskerJ said:
Well, there's stupid, which is favoring unwarranted litigation...then there's incredibly stupid, which is me continuing this discourse...
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Is any litigation unwarranted? As a Dr. maybe you do think that. Or maybe as a Dr. you are predisposed to side with the defense before the plantiff despite the facts.

Again, tell me how do you think EA/NCAA got away without compensating NCAA athletes when EA wouldn't have gotten away with it with NFL players. SCREW the NFL players right? I mean they were already getting paid to play football by their team! They are just greedy bastards for wanting...gasp...MORE MONEY for something they are 100% responsible for the success of.
 
bilsker said:
I picture some of you as a version of mel gibson when his kid got abducted...."GIMME BACK MY TOY!"
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bilsker said:
Do you even understand how this stuff works?

I'd bet a significant amount of money that lawyers approached Keller and not the other way around. If there's an unseemly aspect to this case (more unseemly that the NCAA pimps) it's that the lawyers probably dreamed up the case and just needed some faces to represent the "class"....and really the lawyers are the only ones that will get rich off of this. But the good news is that EA will no longer be using the players likenesses and the BEST news is that the NCAA will profit just a little less at the end of the day off of the athletes it so willingly pimps out on a day to day basis.
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Do you think Sam Keller would have agreed to litigation had he went pro?

Do you think Sam is a big boy and can turn down lawyers' ideas?
 




bilsker said:
Do you even understand how this stuff works?

I'd bet a significant amount of money that lawyers approached Keller and not the other way around. If there's an unseemly aspect to this case (more unseemly that the NCAA pimps) it's that the lawyers probably dreamed up the case and just needed some faces to represent the "class"....and really the lawyers are the only ones that will get rich off of this. But the good news is that EA will no longer be using the players likenesses and the BEST news is that the NCAA will profit just a little less at the end of the day off of the athletes it so willingly pimps out on a day to day basis.
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So, lawyers profiting, no more inexcusable virtual exploitation, and less NCAA revenue...I change my position..seems very productive...both virtually and in real life...
 
Funky said:
Do you think Sam Keller would have agreed to litigation had he went pro?

Do you think Sam is a big boy and can turn down lawyers' ideas?
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Do you understand that Sam Keller is but a MINISCULE issue here? if it wasn't his name on there it would be someone else's. Of course, Peyton Manning isn't going to be willing to take the reputation hit that Sam would be. But I bet there are a LOT of big time name athletes that agree with the lawsuit.
 
I'd love to continue this but gotta run. Can't wait to see where this goes over the next 18 hours. :)
 
The Big Red Lebowski said:
No, just the one's where it's obvious that the likeness is meant to be a specific person and that specific person enhances the marketability of the game. In the case of Keller, the 2005 EA game had the "same height, weight, skin tone, hair color, hairstyle, handedness, home state, statistics, play style (pocket passer), visor preference, facial features, and school year as Keller."

I promise you that if EA Sports made a snowboarder game featuring a rider with the same height, weight, skin tone, hair color, hairstyle, footedness, home state, riding style (big air), hat preference, and facial features as Shaun White, they would get sued stat.

Having real players in the EA NCAA football game or Shaun White in a snowboarder game enhances the value of the game. Even if you could satisfy a court that a real soldier's likeness were being used, how does that enhance the marketability of the game?
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Exactly.

Let me add on to that.... I'm certain everyone has seen the legal disclaimer at the end of movie credits...

"All characters appearing in this work are fictitious. Any resemblance to real persons, living or dead, is purely coincidental."

Movie studios have done that since the 1930s -- to protect themselves from a lawsuit. And it is meant to cover any human being. Doesn't matter if it's Sam Keller, Tom Brady, or an 8 year old girl on a pogo stick... whether you're a billionaire or homeless.

No one in this country has a right to gain financially (or potential defamation of character) from your likeness without either your permission and/or financial compensation. And it doesn't matter if your exact name is attached or not (as evidence by the movie disclaimer). And it's very, very clear that EA Sports was using an exact likeness of the athletes -- whether their name was attached or not. EA Sports cannot even cover themselves with the "purely coincidental" argument -- because it's obviously not the case.
 
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HuskerJ said:
Unbelievable. Truly unbelievable...its a VIDEO GAME!! The players aren't REAL in the game...they are virtual...EA did nothing more than provide a free evaluation of the players skill sets in virtual terms...of the 50 or so skill categories, who knows how fast or strong a kid is...is TM a 91 or 93?...he's neither...how about the magazines. Their in depth player profiles are what sells...do the kids get paid? If EA came out and said the teams are all even and the players have computer generated ratings. What happens if its too close. What happens if they translate player ratings from 40 times and vertical leaps to a scale to 100 and sell you that book to manually download or input into the game to play...would you sue them for a virtual translation??? So asinine...
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TM is a 93 at fumbling in my edition. ;)
 
If I'm a season ticket holder and sit in a certain seat, then when that seat is shown in the video game, and that virtual fan has a likeness to me, I wanna get paid!!
 

HuskerJ said:
If I'm a season ticket holder and sit in a certain seat, then when that seat is shown in the video game, and that virtual fan has a likeness to me, I wanna get paid!!
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If it was pure coincidental, doubtful. If the video game company made an effort to know your seat number and create a fan in a virtual seat placed exactly as yours is -- and especially that looks very much like you, then yes.
 
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