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Thread: (Ex-QB) sues EA Sports over images

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    Default (Ex-QB) sues EA Sports over images

    ESPN.com

    OMAHA, Neb. -- Former Nebraska quarterback Sam Keller is suing EA Sports and the NCAA, saying the video-game maker wrongly uses the names and likenesses of athletes and the NCAA sanctions the practice.

    Keller's lawsuit was filed Tuesday in federal court in San Francisco as a class-action, suing on behalf of all college athletes depicted in the NCAA Football and NCAA Basketball video games made by EA Sports.

    Rob Carey of Phoenix, Keller's attorney, contends EA Sports profits from using the names and likenesses of players. The lawsuit would bar EA Sports from using the names and likenesses and seeks undetermined compensation for athletes who have been portrayed in the video games.

    .....

    Though names are not visible on player jerseys in the video games, the lawsuit contends EA Sports "intentionally circumvents the prohibitions on utilizing student-athletes' names by allowing gamers to upload entire rosters, which include players' names and other information, directly into the game in a matter of seconds."

    A message seeking comment from EA Sports in Redwood City, Calif., was not immediately returned.

    The lawsuit said EA contracts with the NCAA's licensing company, Collegiate Licensing Co. of Atlanta, allowing the video-game maker to replicate team logos, uniforms, mascots and stadiums with "almost photographic realism."
    I miss the old Mile High Stadium.

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    Whaaaaaaaaaaaaambulance Alert......cry baby.




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    "I couldn't make it as a professional athlete, and I'm not really qualified for any other job, so, um, I thought trying to sue the NCAA would be my meal ticket."

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    I think its a case where an athlete has seen the colleges make millions off his name... and now games that are again using college athletes to make millions without paying compensation.

    Its not crying. Its not being a baby. Professional athletes complain, sue, and gripe if they don't get money for their jersey, likeness, or name being used to make someone else profit, why shouldn't an amateur athlete have the same rights?
    (the previous comment was not directed at any particular individual and was not intended to slander,disrespect or offend any reader of said statement)

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    Quote Originally Posted by Ravage!!! View Post
    I think its a case where an athlete has seen the colleges make millions off his name... and now games that are again using college athletes to make millions without paying compensation.

    Its not crying. Its not being a baby. Professional athletes complain, sue, and gripe if they don't get money for their jersey, likeness, or name being used to make someone else profit, why shouldn't an amateur athlete have the same rights?
    I agree that they should have rights in regards to their likeness, but the NCAA prohibits players from receiving any royalties if I'm not mistaken. The question then becomes, if EA has to pay these players for their likeness, then this is never going to be allowed. Not to mention that the roster uploads aren't rosters sanctioned by EA, they are user created rosters.
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    But wouldn't it be easy enough for EA to eliminate the updated rosters option? Seems to me they have two choices - eliminate this option or put settlement money into a pool for players to draw from upon graduation.

    Or the NCAA can relax their rules about players receiving monies other than room, board and tuition.

    I don't know if I support this suit or not but it deserves a hearing. EA is paying the NCAA money for the rights to use all these logos in their game. If the NCAA is getting paid by EA, why shouldn't the players?
    I miss the old Mile High Stadium.

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    Quote Originally Posted by OrangeHoof View Post
    But wouldn't it be easy enough for EA to eliminate the updated rosters option? Seems to me they have two choices - eliminate this option or put settlement money into a pool for players to draw from upon graduation.

    Or the NCAA can relax their rules about players receiving monies other than room, board and tuition.

    I don't know if I support this suit or not but it deserves a hearing. EA is paying the NCAA money for the rights to use all these logos in their game. If the NCAA is getting paid by EA, why shouldn't the players?
    Exactly.

    The NCAA is making HUGE amounts of money off these athletes, and then say 'But they are getting a free education" (not all of them aren't). But for the amount of money an top quality player brings is SOOOOO far and beyond any scholarship money.

    The player will probably win this suit. EA Sports will probably have to stop the 'actual rosters' to be downloaded, and will probably have to stop having actual player 'likeness' in the game. COnsidering its college, I don't think actualy player likeness is important anyway.

    Funny that some think its the player whining, when I've seen NFL players complain about a team putting their PRO jersey up in the airport when they weren't getting paid for it. Of course, that player is a total doooosh, but still.
    (the previous comment was not directed at any particular individual and was not intended to slander,disrespect or offend any reader of said statement)

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    I would love to see EA take a hit on this. EA is a programming sweat shop. Nothing like
    making its employees work manditory 90 hour weeks to make an unrealistic deadline.
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    EA sucks.

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    Quote Originally Posted by MissouriBronc View Post
    "I couldn't make it as a professional athlete, and I'm not really qualified for any other job, so, um, I thought trying to sue the NCAA would be my meal ticket."
    Nailed it.


    You know most people who actually suck at the sport would be honored anyone would download them at all.

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    Quote Originally Posted by Thnikkaman View Post
    I would love to see EA take a hit on this. EA is a programming sweat shop. Nothing like making its employees work manditory 90 hour weeks to make an unrealistic deadline.
    I've never heard that but reading your given knowledge of the past I won't dispute it.

    When EA buys up a small publisher or a studio, that's the end.

    They got too fat over the years.

    Madden screwed me over too many times to ever warrant another purchse.

    They had the WWII FPSs in their palms and was the premier publisher for that subgenre, but again, they messed that up. Activision's Call of Duty are FAR SUPERIOR to Medal of Honor. Even MoH Airborne was nothing compared to CoD2 (PC and 360 versions) and it was two years older.

    EA could screw up Corn Flakes.

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    I have no idea what the NCAA does with money it gets. Kinda curious now.

    Does some of it go to the colleges? Some to scholarships? Do they help athletic programs out at all?

    From a legal standpoint... I have no idea what the agreements are between players and the NCAA. Pretty sure the NCAA has rights to images and likenesses of their games though. Just a guess.

    Any agreement between athletes and the NCAA would be voluntary... so I'm not sure what sort of ground this will find.
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    Quote Originally Posted by Shazam! View Post
    I've never heard that but reading your given knowledge of the past I won't dispute it.

    When EA buys up a small publisher or a studio, that's the end.

    They got too fat over the years.

    Madden screwed me over too many times to ever warrant another purchse.

    They had the WWII FPSs in their palms and was the premier publisher for that subgenre, but again, they messed that up. Activision's Call of Duty are FAR SUPERIOR to Medal of Honor. Even MoH Airborne was nothing compared to CoD2 (PC and 360 versions) and it was two years older.

    EA could screw up Corn Flakes.
    I got into computer science with the intent of possibly doing video game
    programming. When I learned of the conditions that EA works their "talent"
    and the failed marrages of programmers that worked for them, I kind of put it
    to the side. I still took the CG classes I wanted since its something I wanted
    to do. One of my dream jobs is to work for Blizzard. The day EA goes Bank-
    rupt will be a glorious day.
    I got mind control while I'm here
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    Quote Originally Posted by Thnikkaman View Post
    I got into computer science with the intent of possibly doing video game
    programming. When I learned of the conditions that EA works their "talent"
    and the failed marrages of programmers that worked for them, I kind of put it
    to the side. I still took the CG classes I wanted since its something I wanted
    to do. One of my dream jobs is to work for Blizzard. The day EA goes Bank-
    rupt will be a glorious day.
    I have a friend who works as a sound designer for EA. He did the sound on Dead Space - won awards for it too (go Dave!).

    Yeah, they punish you with 90-110 hour work weeks to meet deadlines. Not every week, but some weeks.

    He also makes ridiculous money, is single, and can take off months at a time after projects to go backpack around Europe and Russia. He gets to pick his assignments, might buy a sailboat, sail to Australia and start working at the EA down there.

    *shrugs* If you don't have a relationship, working at EA is no different than working as an ER doc or a Nurse on ridiculous shifts and hours. I've worked 80 hour weeks before, with one or two jobs. And I didn't make half the money he does for that privilege.

    Doing video games is not a 9-5 job. There are many jobs that aren't. EA has many, MANY flaws, but AFAIK the industry is like that, not just EA. The guys who don't put in that time normally work on vaporware and have their companies swallowed by, well, EA. All the guys I knew who worked for Sony had that excess work-time problem, too.

    Unless you're a concept artist and you're not involved in the actual software part, it's rough. As a sound designer, Dave had weeks where they didn't need him much at all and weeks where he slept at the specially provided hotel 2 minutes from the EA campus because there was no time to go home and catch a couple hours of sleep before going back for another day.

    But he loves his job.

    And if you're doing what you're doing, the fact that it's time-consuming isn't as big a deal.

    Just don't have a family that needs to see much of you. And there are plenty of jobs with that requirement that don't pay as well.

    *shrugs*

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    Quote Originally Posted by G_Money View Post
    I have a friend who works as a sound designer for EA. He did the sound on Dead Space - won awards for it too (go Dave!).

    Yeah, they punish you with 90-110 hour work weeks to meet deadlines. Not every week, but some weeks.

    He also makes ridiculous money, is single, and can take off months at a time after projects to go backpack around Europe and Russia. He gets to pick his assignments, might buy a sailboat, sail to Australia and start working at the EA down there.

    *shrugs* If you don't have a relationship, working at EA is no different than working as an ER doc or a Nurse on ridiculous shifts and hours. I've worked 80 hour weeks before, with one or two jobs. And I didn't make half the money he does for that privilege.

    Doing video games is not a 9-5 job. There are many jobs that aren't. EA has many, MANY flaws, but AFAIK the industry is like that, not just EA. The guys who don't put in that time normally work on vaporware and have their companies swallowed by, well, EA. All the guys I knew who worked for Sony had that excess work-time problem, too.

    Unless you're a concept artist and you're not involved in the actual software part, it's rough. As a sound designer, Dave had weeks where they didn't need him much at all and weeks where he slept at the specially provided hotel 2 minutes from the EA campus because there was no time to go home and catch a couple hours of sleep before going back for another day.

    But he loves his job.

    And if you're doing what you're doing, the fact that it's time-consuming isn't as big a deal.

    Just don't have a family that needs to see much of you. And there are plenty of jobs with that requirement that don't pay as well.

    *shrugs*

    ~G
    You make a good point. EA is not a bad place to work if you are a workaholic.
    I've got 3 kids, and even though working on Madden (there is a shop that does
    the DS ports of that and Guitar hero about 30 miles south
    from me) would be pretty cool, I have 3 kids. I'm pretty happy with what I do
    right now, and love the philosophy of where I work. If the task is going to take
    more than 1 person 40 hours a week to compete it by a deadline,
    they put more people on the project. (What a concept, I know). Its
    graphics related, its also embeded software which is damn cool in its own
    right. I also can take flex time off if I end up working more than my 40 hours
    a week. I just have too many other obligations to go backpacking in Europe.
    (Maybe next lifetime)

    I think that EA can still produce great pieces of software if they would
    put the correct amount of resources on the project. I understand that
    it takes 9 months to make a baby, even if you give the mother 2 people to
    help take care of the mother, but software isn't a baby. If the game is
    Engineered correctly, then your developer's shouldn't need to work 90 hour
    weeks ever. And I'm pretty damn sure that Blizzard isn't having their
    developers work that much in a week ever.
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