The O'Bannon Lawsuit Just Got Worse...

[lord_mike]

O'Bannon just amended his lawsuit. Read this article and weep:

http://www.usatoday.com/story/sports...ns-ea/2567367/

All the allegations seem really, really bad, especially since the NCAA is exclusively using the "We didn't license player likenesses" defense, which is a pretty hard sell considering the players in the game look exactly like their real life counterparts. The real killer is this:

Quote:

In August 2007, when licensing of video games was being negotiated, EA allegedly "offered to establish a 'players' fund' for the use of the (student-athletes') names, images, and likenesses. CLC, negotiating on the NCAA's behalf, instead suggested that the money should go to the NCAA. EA agreed to pay a kicker to the NCAA in order 'to align interests and incentivize all parties to help build the category with new rights.' EA made this offer contingent on 'no royalties . . . to a player fund.' "

It doesn't look good. The only positive note here is that EA was willing to make allowances for the players, which means that they'd be OK with that in the future.... assuming they don't get killed in the present with damages. The NCAA better come up with something better than, "I know that the players in the game look exactly like who the real players are, but it's completely a coincidence" defense, which is a sure loser. At the very least, EA should be arguing first amendment. A lawsuit by Jim Brown against a gaming company was successfully defended that way. Of course, they'd look silly now, but this current defense isn't going to fly one bit.

[The_Wise_One]

Hmmmm

[BigMoneyAllDay]

EA should just settle out of court, pay the damages and separate from the corrupt NCAA for good. Make deals with individual colleges with the Collegiate Licensing Compact.

[lord_mike]

Quote: Originally Posted by BigMoneyAllDay

EA should just settle out of court, pay the damages and separate from the corrupt NCAA for good. Make deals with individual colleges with the Collegiate Licensing Compact.

It's not the colleges that are the problem, it's the players. It's clear that EA has no problem paying them, but the current rules prohibit them from being paid, even though those rules might be ruled retroactively illegal in the future. That's the problem. As a company, how do you manage such an impossible situation. No article has suggested what to do about that. Maybe they could put some money in escrow or something... I don't know.

[BigMoneyAllDay]

Quote: Originally Posted by lord_mike

It's not the colleges that are the problem, it's the players. It's clear that EA has no problem paying them, but the current rules prohibit them from being paid, even though those rules might be ruled retroactively illegal in the future. That's the problem. As a company, how do you manage such an impossible situation. No article has suggested what to do about that. Maybe they could put some money in escrow or something... I don't know.

I'm thinking they should make like a superfund, like donate maybe 10 percent of their profits each year to a fund that athletes who don't make the pros can get a cut of. With licensing costs down I'm sure they can mange.

[The_Wise_One]

I know it's late but this is #1 on ESPN headlines

http://espn.go.com/espn/otl/story/_/...n-ncaa-lawsuit

[Mashiasu]

Quote: Originally Posted by The_Wise_One

I know it's late but this is #1 on ESPN headlines http://espn.go.com/espn/otl/story/_/...n-ncaa-lawsuit

I'm a bit confused in the other thread from what I read was that the CLC was not part of the lawsuit so they would be able to agree with EA to continue the CFB series but this article states that the CLC is part of the lawsuit

Quote:

The O'Bannon complaint alleges the NCAA, EA Sports and the nation's leading trademark and licensing firm, Collegiate Licensing Co., violated antitrust laws.

can somebody clear up my confusion.

Thanks in advance

[K0ZZ]

No offense but outside of physical statistics the players don't look like their real life counterparts, especially when it comes to the faces which largely look ridculious.

To be honest, this probably helps EA more than it hurts them, but it hurts the NCAA who says no to paying the athletes and told EA to just give them the funds that were allotted to the players which in all liklihood turned into bonuses for the upper echelon.