NFL Case Could Impact Sports Game Licenses

January 7, 2010 -

The U.S. Supreme Court is scheduled to hear the case of American Needle v. NFL next week and perhaps give the NFL broader protection against antitrust lawsuits.

At the heart of the case is an exclusive deal that the NFL has with Reebok as the official seller of hats,. jerseys and clothes using team insignias. American Needle lost its right to sell those items when the league reached the deal with Reebok in 2000.

Where this impacts the videogame industry is the exclusive license that Electronic Arts has with the NFL as the sole purveyor of an NFL-branded videogame with the Madden NFL series. According to a Reuters article:

A broad ruling could insulate professional sports leagues from antitrust claims over video-game licenses, television rights, franchise relocation and even player salaries. Only Major League Baseball is exempt from antitrust laws now.

In the past, the court has kept a tight rein on antitrust suits, and legal analysts say that the mere fact that the court has agreed to hear the case means it could be sympathetic to the NFL's claims for broader protection.

The case for the NFL, according to brief it filed:

“A sports league produces a single entertainment product, a structured series of athletic competitions leading to a championship, that no member club could produce on its own."

However, American Needle countered with:

“The teams are separately owned and controlled profit- making enterprises. They are actual and potential competitors in numerous areas, including the licensing of intellectual property.”

Electronic Arts has come out on the side of the NFL for obvious reasons, and the antitrust protection for the NFL could ensure EA's deal from outside interference as long as the NFL sees fit to continue the contract.

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Comments

Re: NFL Case Could Impact Sports Game Licenses

The only thing I have to say about any possibility of something messing up a license for EA:

 

Good fucking riddance.

Yes I have a WIP. Just wait and see.

Re: NFL Case Could Impact Sports Game Licenses

Tghe teams need to ban togather and bully the NFL to allow them more rights over thier copy right, it should work both ways.... the teams should be allowed to do what they want(that dose not tarnish the brand) and give the NFL a 30% cut of profits....


Until lobbying is a hanging offense I choose anarchy! CP/IP laws should not effect the daily life of common people! 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: NFL Case Could Impact Sports Game Licenses

Did you read and understand the article, Zippy? If you did, why are you still coming up with this dumb crap? The teams are the NFL. It's the teams, in the form of their larger parent organization, the NFL, who are raping America Needle. The NFL raping the teams has nothing to do with what's going here.

You should try harder to follow the actual plot. And quit making up your own plot as a substitute.

Re: NFL Case Could Impact Sports Game Licenses

Here's a thought EA,Reebok, and the NFL never went to Congress or The President and begged to be bailed out so the government has no say in any private business matters.

 

And if the courts do decide against the NFL on the I hope the very next hour MLB has to follow the same rules.

 

Fact is Madden did drop in quality but Take 2K Games MLB2K series also dropped when they secured an exclusive contract.

Re: NFL Case Could Impact Sports Game Licenses

You mean that laws don't apply to business that doesn't get any money from the state? Because the laws are the only part of the government involved in this matter.

Re: NFL Case Could Impact Sports Game Licenses

I didn't know about MLB's exemption from antitrust regulations, but I think it's outrageous. No single organization or business type should get to enjoy such a privilege, nor should antitrust rules be dropped altogether. If your business model is incompatible with antitrust laws then you shouldn't be in business.

Re: NFL Case Could Impact Sports Game Licenses

Exempting a business from antitrust regulation isn't usually rationalized on the premise that its business model is incompatible with the regulatory effort. Rather, the more common rationale is that the business, as a matter of fact, can never have any natural competitors and, therefore, subjecting it to anitcompetitive regulation not only serves no useful purpose but also could indeed harm consumers (e.g., passed-down costs resulting from having the business satisfy a purposeless regulatory scheme). I'm not saying that the NFL satisfies the requirement of being without competitors. I'm just saying. 

Re: NFL Case Could Impact Sports Game Licenses

Which is exactly what's been happening with the health-don't-care industry. They were granted this status, and people are suffering for it. I mean, Baseball is one thing, as you won't risk dying if you can't afford a baseball game trip.

Re: NFL Case Could Impact Sports Game Licenses

Be it NFL merchandise, games, or any other exclusive rights deals for merchandise of any type, i have only one comment. If you don't like it, excersize your right as a consumer by NOT BUYING IT.

Re: NFL Case Could Impact Sports Game Licenses

The ruling in this case, if in favor of the NFL and other sports leagues (MLB, NCAA) could have very large and very severe affects well beyond just exclusives for video games.

 
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Should ‘sexism’ factor into a video game’s rating?:

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MaskedPixelanteI suspect Howard will show up in Guardians of the Galaxy 2 as a bartender on Knowhere or something.11/22/2014 - 9:52am
Michael ChandraWonderkarp, try games where you don't get interactive cutscenes and only the main character really talks to people. Or games with a silent protagonist. I think the Bechdel test is a nice indicator (though flawed) for movies and such, but not games.11/22/2014 - 7:56am
ZippyDSMleeWymorence: HTD was a fun and very messed up film I love it. A new one would be nothing like it sadly.11/22/2014 - 1:57am
Andrew EisenOnly if we lived in a world where a bad movie meant every subsequent attempt would suck. Seriously though, after the last few years, I'll give Marvel the benefit of the doubt that it could make a great Howard the Duck movie.11/22/2014 - 1:29am
Wymorenceisn't that a GOOD thing there isn't a movie after the abomination that was the first?11/22/2014 - 12:27am
Andrew EisenNo movie in sight but Howard the Duck is returning to comics! https://games.yahoo.com/news/howard-duck-series-announced-184400635.html11/21/2014 - 10:48pm
MechaCrashThe point of the Bechdel Test isn't "is this film sexist," it's to illustrate "this is an incredibly low bar and most movies STILL can't pass it."11/21/2014 - 10:11pm
mthielNew report on Adam Lanza http://tinyurl.com/pnj9os611/21/2014 - 8:07pm
Andrew EisenIf you missed the HuffPost segment I guested on, the replay is now embedded in the story.11/21/2014 - 6:05pm
Wonderkarphttps://pbs.twimg.com/media/B2__4yZCcAA9Ytp.jpg these look amazing. Peach is the only one I'm tempted to open cause her packaging is bent. get another nonbent one....man. toycollector me and gamecollector me is fighting11/21/2014 - 5:51pm
WonderkarpJust finalized my Smash Bros free Sound Track Order. Also got 4 amiibos and they look fantastic. I'm afraid to open them. they look spectacular!11/21/2014 - 5:45pm
james_fudgeCan we all agree that Andrew cleans up nicely and can go on any program?11/21/2014 - 5:01pm
Wonderkarpthank you for that line, Andrew. alot of great films fail the bechdel test. Gravity fails it and it has a female lead.11/21/2014 - 4:48pm
Andrew EisenAw, thanks James! Well, now I have to drive back to work!11/21/2014 - 4:45pm
Andrew EisenDidn't have a chance to say this on the HuffPost segment but while the Bechdel test is useful as a broad examination of gender representation in media, it's not at all appropriate as a judgment of quality.11/21/2014 - 4:45pm
james_fudgeAndrew you killed it!11/21/2014 - 4:44pm
WonderkarpMadeline Bergman. second female, they never speak of men, just a computer program. it passes the test11/21/2014 - 4:34pm
E. Zachary KnightDoes Other M have more than one woman in it?11/21/2014 - 4:31pm
Wonderkarpyet Metroid Other M, a game where people cried sexist due to the commanding officers restricting Samus, passes the test....11/21/2014 - 4:21pm
Wonderkarpwait...they are using the bechdel test to determine which games are sexist?.....how does that work with a game like Super Mario Bros when there is no Dialogue? test itself is BS. Alien doesn't pass it11/21/2014 - 4:20pm
 

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