Litigation Support Expert Comments on NCAA Video Game Lawsuits

August 3, 2009 -

As GamePolitics has reported, former college athletes have filed a trio of lawsuits this year alleging that the NCAA and video game publisher Electronic Arts profited from the unlicensed use of their images in video games based on college football and basketball.

If successful, the suits have the potential to change the way the sports licensing game is played. What are the chances that will happen?

IGN has posted an interview with litigation support/public relations expert Jason Maloni, whose firm represents Roger Clemens, among others. Maloni comments on the implications of the lawsuits for the NCAA and EA:

Technology is a huge part of it. When I was growing up playing Space Invaders, you couldn't be one of the characters in the game. But with sports games, it's become such a huge phenomenon to assume the identity of your favorite athlete, and it only increases the bond people have with both the game and the team. That's why the pro and collegiate ranks love this type of branding...

 

I expect the impact for EA Sports will be minimal. The company is still going to produce games and derive a profit. The NCAA and large institutions stand to lose a small part of their current revenue... however, they are making [money] hand over fist. I don't think compensating these athletes in some way at the end of the day going to put a crimp in their budgets. College sports are a big business and it will remain a big business...

Like a lot of laws, it takes someone to stand up and say this isn't right. You might also be seeing a growing sympathy for former athletes. Not everyone goes on to the pros or gets mega contracts. I think student athletes are seeing what former pro athletes have done recently seeking restitution against the NFL for the use of their images.

By "pro athletes," Maloni is referring to the recent $26.25 million settlement that a group of retired NFL players reached with the former union over the unlicensed use of their images in EA's best-selling Madden franchise.


Comments

Re: Litigation Support Expert Comments on NCAA Video Game ...

Seems to me like a bunch of spoiled rich folks on both sides of this issue squabbling about money.  Why isn't it a reality TV show already?

Re: Litigation Support Expert Comments on NCAA Video Game ...

Uhh, they don't all get scholarships. What was the point of all that blabbering? men of a certain age season 1 episode 3 | scrubs season 9 episode 5
Garry Wertu

Re: Litigation Support Expert Comments on NCAA Video Game ...

Because the one side doesn't exist of just spoiled rich folks. See, this is the problem, people don't realize what this issue is about and just assume everyone who does a lawsuit for a lot of money is wrong and should shut up.

Re: Litigation Support Expert Comments on NCAA Video Game ...

I'm not saying they're spoiled rich folk. I'm saying that they gave up their right to compensation when they signed as an amateur to go to the college and play football. The students CAN'T profit from the sales of the game or they would not be amateurs anymore. It's the SCHOOLS and the National Collegiate Athletic ASSOCATION who are involved in the contract with EA. The schools make the money. The athletes benefit through exposure, not cold hard cash.

Re: Litigation Support Expert Comments on NCAA Video Game ...

I don't see why they should get compensation. They get scholarships. They are available for the draft. By playing for the NCAA, they stand to make significant salaries, not just if they go pro, but there are other sports and sportscasting jobs available to them because of the extra visibility they get as players.

Do all of the students get a check when a game is televised? Of course not. And yet it's their likenesses and their performances that are selling ALL of that commercial time.

They are amateurs who signed an agreement with an organization. That organization has every right to market itself, and the students basically agreed to that when they agreed to play.

When someone plays college football, they aren't fighting for their own success as much as they are the success of their ol' alma mater. If their team as a whole, and their likenesses as individuals contribute to the financial success of the NCAA and their own individual college... it's total bullshit to say "Yeah, but what's in it for me?" How about a free university education, ya schmucks?

Re: Litigation Support Expert Comments on NCAA Video Game ...

Uhh, they don't all get scholarships. What was the point of all that blabbering?

Re: Litigation Support Expert Comments on NCAA Video Game ...

The ones on the games tend to.

 


Until lobbying is a hanging offense I choose anarchy! Stop supporting big media and furthering the criminalization of consumers!! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: Litigation Support Expert Comments on NCAA Video Game ...

And still I do not understand why they can't equally diviy out a % of what a title makes to the players, and set aside money to the student players until they get out of collage.... sirously.....someone needs to take the leagues to court because they are raping the players, oh and FYI not all players make millions a year.

 


Until lobbying is a hanging offense I choose anarchy! Stop supporting big media and furthering the criminalization of consumers!! http://zippydsmlee.wordpress.com/


Copyright infringement is nothing more than civil disobedience to a bad set of laws. Let's renegotiate them.

---

http://zippydsm.deviantart.com/

Re: Litigation Support Expert Comments on NCAA Video Game ...

How are they going to compensate NCAA players anyway? 

Re: Litigation Support Expert Comments on NCAA Video Game ...

Is it really going to be that much to EA? The end result will be a pay out and them attempting to be more careful with real athletes in their games in future.

Didn't I read that each Madden and FIFA makes a ridiculous amount of money (Hundreds of millions?)? That no doubt explains why it's not hard to resist pumping out constant sequels...

 
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MechaTama31to be done, and some people really need jobs.07/11/2014 - 5:41pm
MechaTama31Info, I think you don't really understand just how crappy a lot of the jobs are that provide the "basics" that you assume will just continue to be produced under such a system. There's very little pride or prestige to be had from such jobs, but they need07/11/2014 - 5:40pm
Andrew EisenMaskedPixelante - That's probably because it's now available on the Wii U eShop for $8.07/11/2014 - 5:18pm
InfophileThat's not how human psychology works. It's all about "Keeping up with the Joneses." When everyone around you has a new fancy smartphone and is talking about that cool HBO series, do you want to be the one left out?07/11/2014 - 4:05pm
Matthew WilsonThe issue is most people would settle for the basics and not work. That is why we would need very heavy automation to make a system like that work. Almost all labor intensive tasks would have to be done by robot.07/11/2014 - 2:32pm
InfophileOf course, that's a gross oversimplification. The idea, have a basic safety net that pays for what's needed to live. If people can find a job and are willing to work, they get more money which can be spent on comfort and perks.07/11/2014 - 11:33am
InfophileIt's quite possible to get an economy to work with a basic minimum standard of living. You just need perks for the people who do work. Everyone gets food and a home. Everyone who works also gets an iPhone.07/11/2014 - 11:32am
MaskedPixelanteIn the continuing adventures of "Stuff I figured would be overpriced on eBay but isn't", 15 bucks for a copy of Mario and Luigi: Superstar Saga.07/11/2014 - 10:04am
SleakerI didn't gather the same conclusion.. Seems like they are focusing on devices & services still, just not calling it 'devices and services'07/11/2014 - 8:57am
PHX CorpMicrosoft CEO readies big shakeup, drops devices and services focus http://www.theverge.com/2014/7/10/5887143/satya-nadella-microsoft-ceo-employee-email07/11/2014 - 8:45am
MechaTama31declared that everybody should have them. Somebody still has to produce them.07/11/2014 - 7:44am
MechaTama31I do mean the developers/governmet. And money is not the only thing of value. I am including the food, housing, etc that everybody is supposed to get for free under this system. In the real world, those things don't exist merely because an authority has07/11/2014 - 7:43am
InfophileAs automation gets better and better, the number of jobs absolutely required keeps diminishing. How many people these days do you think are actually needed to keep everyone alive? Most people just make our lives more convenient and entertaining.07/11/2014 - 4:43am
Matthew Wilsonthat kind of system only works when most people (around 70 to 80 percent ) do not need to work.07/11/2014 - 1:21am
TechnogeekConjured up by who, though? If by the players, then it's not really "on a whim" since they're kind of putting work into it. If you mean the developers/government, then hello and welcome to monetary sovereignty.07/11/2014 - 12:34am
MechaTama31I'm just saying, when everything of value can be conjured up at a whim, that's not an economy. That's a fantasy.07/11/2014 - 12:15am
TechnogeekHonestly, though, what I find most thought-provoking about the article isn't the guaranteed minimum income aspect at all, but a more fundamental point: that we treat poverty as a moral failing on the individual, rather than a design flaw in the system.07/10/2014 - 11:53pm
TechnogeekOr, if your concern is that people won't even bother to work at all if their basic needs are met...well, let me put it this way: do you really want people like that in the workforce anyway?07/10/2014 - 11:51pm
TechnogeekAlso, you raise a valid question, but I'd argue that as things stand we're artificially limiting the amount of "gold/silver" that could be produced. The whole "work a job you hate to pay the bills" thing meshes poorly with the entreprenurial spirit.07/10/2014 - 11:49pm
TechnogeekSeriously, though, it looks at how in-game economies work and what lessons can be applied to reality, focusing primarily on multiple currency systems. Such systems do exist in real life (food stamps, for example), although generally aren't seen as such.07/10/2014 - 11:43pm
 

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