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Originally Posted by tlc12576 |
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What am I saying that is irrational? Are you saying because I see the case in the way I described that means I hate EA or have some emotional vendetta? LOL
I am just trying to discuss the topic of this thread in a constructive manner and don't see how the some of the stuff you are saying is relevant to that.
I will ask you, in this class-action suit, is or is not the burden of proof for what is more likely than not? If not, then I will have to disbar myself from practicing law in OS forums.
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This stuff is relevant because it's THE CASE at hand. The case argues that EA violated anti-trust laws and that consumers are entitled to damages from those violations. So the Plantiffs have to establish that EA violated anti-trust laws with Madden, which will be next to impossible to do -- THEN they have to establish that consumers are entitled to damages -- which I haven't even discussed that aspect of the case because the first part will be so hard to prove it's difficult to see the case reaching that point to begin with.
If you can't see how everything I've said in this thread relates to this case, then you don't have a firm enough grasp on Anti-Trust law and this case to do more than speculate. That's fine, message boards are here for speculation -- and I appreciate your civility. I just assume (falsely) anyone arguing for this case is a Madden *****. For the most part that's true, but it's not completely true.
Anyways, just read my points again and then think about what I just said. You have to prove EA broke anti-trust laws...which since the NFL is NOT named, you have to have some smoking gun proof that the bid process for the NFL gaming license was fixed so EA would win it. Otherwise, from what we know, EA obtained the NFL license in a legal manner. The American Needle case doesn't change that (it might change how future license bids are handled however). The only way this gets prosecuted and EA has to pay up is if it is proven that they obtained the NFL license in a non-competitive manner. Otherwise, the NFL can market it's brand HOWEVER it likes in terms of the terms of its video game brand licensing and EA simply won the bid. Is that popular among gamers? No. But it's the law.