Supreme Court Case May Impact EA's NFL Exclusive

March 5, 2009 -

A non-gaming case currently before the United States Supreme Court stands to have a massive impact on the video game industry.

The case is American Needle vs New Orleans Saints, et al. Should the Supreme Court find in favor of plaintiff American Needle, an apparel manufacturer, EA's exclusive NFL licensing deal and Take-Two's third-party exclusive with Major League Baseball could be found in violation of federal antitrust (i.e., monopoly) statutes. Such a determination would free other publishers to make games based on the NFL and MLB.

SCOTUSblog, which tracks happenings before the Supreme Court, reports on the case:

The NFL used to license American Needle to sell hats that bore the logos, the names or other insignia of pro football teams... But, in 2000, the NFL opted to solicit bids for an exclusive license to produce caps and other headwear.  Reebok won the bidding, and in 2001 got an exclusive ten-year license.  American Needle’s license was not renewed. So it sued the NFL, all of its teams, NFL Properties, and Reebok.

American Needle’s case was thrown out by lower courts... “The [Supreme] Court has stated, on more than one occasion,” American Needle asserted, “that application of the Sherman Act to professional sports teams is wholly consistent with Congressional inent...”

What happened to American Needle in relation to apparel is essentially what happened to Take-Two in regard to its excellent NFL2K series when EA scored its exclusive license with the NFL in 2004.

Attorneys for EA are clearly tracking the American Needle case. The phrase "American Needle" appears nine times in a transcript of arguments made by attorneys last November in Pecover vs. Electronic Arts, a class-action suit which alleges that consumers were hurt by EA's NFL exclusive (see: Spirited Courtroom Argument Highlights Madden Monopoly Case).

SCOTUSblog reports that the Supreme Court has requested government lawyers to weigh in on the case.


Comments

Re: Supreme Court Case May Impact EA's NFL Exclusive

I'm Rooting for the Exclusivity Deals to be dropped by the supreme court(That'll Teach EA and T2 a lesson for hogging the NFL and MLB)

Watching JT on GP is just like watching an episode of Jerry springer only as funny as the fights

America has just became its own version of the Jerry Springer Show after a bizarre moment in Florida involving a carnival worker.

Re: Supreme Court Case May Impact EA's NFL Exclusive

This wouldn't be a good thing.

It's the same as saying that McDonalds has no right to the Big Mac.

Private Bussiness is private the last thing we need in this time is more branches of government saying what can and can't be done, and guess what this works for these industries since the NFL,EA, or Take 2 haven't asked for a bailout.

Re: Supreme Court Case May Impact EA's NFL Exclusive

I'd love to see these exclusive deals get dissolved. Take Two has done an awful job with the MLB license on 360, and I'd love to see "The Show" come to 360. 

Bottom line is that competition creates better products. I'm all for that.

Re: Supreme Court Case May Impact EA's NFL Exclusive

Um, shouldn't the NFL have the right to say who can and can't use their IP?

Re: Supreme Court Case May Impact EA's NFL Exclusive

Wouldn't the NFL teams, players, and logos, fall under IP? IP holders have a right to give exclusive rights to anyone they so choose.

Re: Supreme Court Case May Impact EA's NFL Exclusive

I think the use of the players, teams and logos for the purpose of a football-themed... thing... is protected by the IP.

| XBOX LIVE GamerTag: Harry Miste | Steam ID: Harry Miste | PSN ID: HarryMiste | Needs a thesaurus. |

| XBOX LIVE GamerTag: Harry Miste | Steam ID: Harry Miste | PSN ID: HarryMiste |

Re: Supreme Court Case May Impact EA's NFL Exclusive

I believe it counts as IP, but EA has exclusive deals with the NFL and the NFLPA (as well as the coaches union I believe); the former for the use of the team logos, stadiums, etc. and the latter to use the names of the players.

Re: Supreme Court Case May Impact EA's NFL Exclusive

I think the Supreme court Justices are going to make fun of the fact that EA held a monopoly on NFL games Heres the possiblility

John Roberts: We the court has found that American needle has been found in violation of the Sherman and Clayton Acts and therefore we demand that the company should be split up

EA & T2: We're F@**ED, we may have to share the license of MLB and NFL now

END TSG-esce courtroom reenactment

Watching JT on GP is just like watching an episode of Jerry springer only as funny as the fights

America has just became its own version of the Jerry Springer Show after a bizarre moment in Florida involving a carnival worker.

Re: Supreme Court Case May Impact EA's NFL Exclusive

"Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony"

Hm... I guess they can make a point there. I wonder what statements those are though.

Re: Supreme Court Case May Impact EA's NFL Exclusive

I don't think that the EA+NFL or 2K+MLB suit would work out because it's a temporary exclusive. On top of that, I belive for any anti-trust suit to pass through the product being tested must also prove to be necessary for moderen society. The previous anti-trust suits are on the following of two basis. Lack of competition+Need for modern society. With Oil there is an obvious need for that product in modern society, with phones there was a need for it in modern society, and for OS software there is a need for it in modern society. NFL and MLB does not fill this area, so I highly doubt it will go through.

Re: Supreme Court Case May Impact EA's NFL Exclusive

The deal before the courts involves a temporary exclusive, though.

Re: Supreme Court Case May Impact EA's NFL Exclusive

I'm sure there will be a counterclaim though if it doesnt pass.

Re: Supreme Court Case May Impact EA's NFL Exclusive

which means this probebly wont pass.

 
Forgot your password?
Username :
Password :

Poll

How do you feel about Amazon buying Twitch?:

Shout box

You're not permitted to post shouts.
Andrew EisenZip - And yet, you can't cite a single, solitary example. (And no one said you hated anyone. Along those lines, no one claimed Sarkeesian was perfect either.)08/29/2014 - 3:51pm
Andrew EisenSaint's Row: Gat Out of Hell was just announced for PC, PS3, PS4, Xbox 360 and Xbox One making it the 150th game For Everything But Wii U! Congratulations Deep Silver!08/29/2014 - 3:49pm
ZippyDSMleeI do not hate them jsut think its mostly hyperlobe.08/29/2014 - 3:40pm
Andrew EisenSleaker - I'd say that's likely. From my experience, most who have a problem with Sarkeesian's videos either want to hate them in the first place (for whatever reason) or honestly misunderstand what they're about and what they're saying.08/29/2014 - 3:16pm
james_fudgeWe appreciate your support :)08/29/2014 - 2:55pm
TechnogeekIt gives me hope that maybe, just maybe, the gaming community is not statistically indistinguishable from consisting entirely of people that your average Xbox Live caricature would look at and go "maybe you should tone it down a little bit".08/29/2014 - 2:49pm
TechnogeekI just want to say that while I've disagreed with the staff of this site on several occasions, it's still good to see that they're not automatically dismissing Anita's videos as a "misandrist scam" or whatever the preferred dismissive term is these days.08/29/2014 - 2:49pm
E. Zachary KnightZippy, So you can't find even one?08/29/2014 - 1:04pm
ZippyDSMleeAndrew Eisen:Right because shes prefect and never exaggerates... *rolls eyes*08/29/2014 - 12:53pm
SleakerAnd honestly, nearly all of the games she references, or images she depicts I've always cringed at and wondered why they were included in games to begin with, from pinups through explicit sexual depictions or direct abuse. I think it's cheap storytelling.08/29/2014 - 12:35pm
Sleaker@AE - aren't most people fundamentally misunderstanding her at this point? haha.. On a related note I think a lot of the backlash is coming from males that think she is telling them their 'Generic Male Fantasy' is bad and wrong.08/29/2014 - 12:33pm
Andrew EisenAnd no, I don't think the female community would be upset over the performance of a case study in and of itself. Possibly the mostivations behind such a study, the methodology or conclusions but not the mere idea of a case study.08/29/2014 - 12:29pm
Andrew EisenAmusingly, these videos aren't saying you can't/shouldn't use tropes or that sexual representations are inherently problematic so those are very silly things to have a problem with and indicate a fundamental misunderstanding of the series.08/29/2014 - 12:29pm
SleakerDo you think the female community would get extremely angry over a male doing a case study on the negative impact of sex-novels and their unrealistic depiction of males and how widespread they are in american culture?08/29/2014 - 12:25pm
SleakerThe other thing that people might find problematic is that they see no problem with sexual representations of females (or males) in games. And realistically, why is there anything wrong with sexual representations in fiction?08/29/2014 - 12:24pm
SleakerTo even discuss or bring up these issues at a cultural level to begin with. Going straight for games to many probably feels like a huge overstepping given that it's interactive story in many cases, and when you're telling a story why can't you use tropes.08/29/2014 - 12:21pm
SleakerI think a large part of the controversy stems from the idea that games aren't culture setters, but culture reactors, and simply depict what is already in culture. So people don't care that games use tropes or are blind to them because we've failed ...08/29/2014 - 12:20pm
AvalongodBesides, what better way to make her point for her than to respond to her opinion by behaving like a misogynistic asshole. Sure, it may be a troll account, but that doesn't make it "ok"08/29/2014 - 12:19pm
AvalongodWhether Sarkeesian is "right" or "wrong" is not relevant, neither she nor any other woman should have to expect that her opinion will be met with death threats or even just sexist language.08/29/2014 - 12:18pm
Andrew EisenOh, may as well. Zip, I challenge you to cite three specific examples from the TvW videos (use direct quotes and time stamps) and explain how/why they ring hollow or are over exaggerated.08/29/2014 - 11:56am
 

Be Heard - Contact Your Politician