A mildly amusing story on My San Antonio details how the new head coach for the Texas Tech Football program is preparing players coming back from Spring break to get ready for training camps this summer. A tweet from Texas Tech offensive lineman Alfredo Morales offers a picture of a note from the new coach Kliff Kingsbury which details his advice to returning players:

The AbleGamers Foundation have given EA Sports' international soccer game FIFA 13 the AbleGamers Mainstream Accessible Game of the Year Award. The charity dedicated to advancing accessibility for gamers with disabilities chose FIFA 13 because of its wealth of accessibility options that made it easy for gamers with various physical limitations to configure the game to high levels of comfort and ease of use.

EA Sports announced plans to shut down online multiplayer services for a number of its AAA titles. Those titles include Madden NFL 11, FIFA 11, and more FIFA Soccer 11, FIFA Soccer 11 Ultimate Team, Madden NFL 11, Madden NFL 11 Ultimate Team, NBA Jam, NBA Live 10, NCAA Football 11, NHL 11, and NHL 11 Ultimate Team. These games will lose online multiplayer capabilities on January 11.

EA game The Sims 2 for PC and Mac will also lose online services on January 14.

Concordia University communications professor Mia Consalvo conducted a study to find the correlation between sports video game fans and their media consumption. The results of that study were recently published in Convergence: The International Journal of Research into New Media Technologies.

EA Sports officially announced this week that its next NBA game, NBA Live 13, would not be released this fall. Commenting about it on the game's official website, EA Sports executive vice president Andrew Wilson said that the studio made the decision to cancel this fall's NBA game after several recent builds proved to be "less-than-acceptable."

According to information gleaned from court documents obtained by ESPN, EA Sports used the real names of NCAA college athletes during the development of its now-dead college basketball video game franchise. The information came from emails that are being used as part of an antitrust lawsuit filed against the NCAA, Electronic Arts, and the Collegiate Licensing Company (CLC) by former NCAA college athletes.

EA Sports is warming up to the idea that female athletes deserve more time in the spotlight. The company has already taken steps towards supporting more women athletes, announcing that its next hockey title NHL 13 will feature women's hockey stars Hayley Wickenheiser and Angela Ruggiero. EA Fans are also doing their part to further convince the company that women deserve more exposure in their games: FIFA fan Fernanda Schabarum has started an online petition to ask EA to add female characters to the series. And since EA is being receptive on the topic, it listened.

U.S. District Judge Claudia Wilken has shot down an Electronic Arts request to have a major class action lawsuit against it dismissed. According to a Courthouse News report (see also this PDF) the lawsuit filed by former National Collegiate Athletic Association (NCAA) athletes accusing EA of using their likenesses without providing them with any compensation will go forward.

The lawsuit filed against Electronic Arts by retired NFL players is moving forward. A California judge has rejected EA's motion to have the case dismissed. The suit, filed by several retired NFL players wants it to turn into a class action so that some 6,000 defendants can be represented. The lawsuit alleges that EA through its EA Sports brand used their likenesses without consent in multiple Madden NFL games over the years. Electronic Arts argues that it is basically fair use and that real names were never used.

Forget about violent video games; according to a group of researchers in England, games with goals such as football are more likely to make participants aggressive than anything encountered in Grand Theft Auto or Call Of Duty. According to research conducted by Dr. Simon Goodson and Sarah Pearson of Huddersfield university, games with goals cause more of an aggressive reaction in participants than killing an animated character because sports is closer to real life. Of course, you have to take into account that Football in England is a culturally more important than video games in general.

Researchers measured the heart rates, respiration and brain activity of 40 male and female participants randomly selected to play violent Xbox 360 game or a football game. They found that when players killed someone in a game it caused little brain activity. But when participant's conceded a goal or foul in the sports game it caused a higher level of brain activity.

According to a report in SportsBusinessDaily, EA has been given some relief related to the 2011 NFL licensing contract. According to the publication, the NFL gave the company a break because of the chaos caused by stalled negotiations with players. Because of this, the 2011 season will start late. If the NFL cannot come to some kind of an agreement before March 4, it will lead to a "work stoppage," which will in turn delay the start of the season.

Despite the chaos of a delayed football season, Madden NFL 12 will still ship in August for various platforms.

SBD claims that the NFL "significantly reduced" EA's contractual obligations for next season and added a year to the deal. This is according to what SBD calls "several well-placed sources." The contract now runs through 2013.

A U.S. District judge has certified a class-action antitrust case involving the alleged price fixing of Electronic Arts' football titles.

According to the decision, any consumers who purchased Madden, Arena Football or NCAA football games in 2005 can sign on as plaintiffs on the case and be represented by a single law firm.

According to a story on Gamasutra:

Jacksonville Jaguar Offensive Lineman Uche Nwaneri is a large man, clocking in at 6’3” tall and around 320 pounds, but he’s proving that his heart is big as well, as he is the host of an upcoming videogame tournament that will benefit local artists.

On October 1 at 6:30 PM, Nwaneri will host his Gaming 4 the Cause event at the Whiskey River bar and restaurant, which is located at 4850 Big Island Drive in Jacksonville. A $10 entry fee will allow attendees to play Madden NFL 11 against Nwaneri and other Jag players, as well as gain a chance to win a series of prizes.

Proceeds will go to Nwaneri’s House of Ambrose Foundation, which is dedicated to “enhancing and promoting the appreciation of arts by providing empowering opportunities for young artists to continue the exploration and perfection of their craft.”

While the Buffalo Bills may be 0-3, and fans might soon begin to turn off their games, a group of players from the team recently met with kids in order to encourage them to ditch videogames and TV for an hour a day in favor of physical exercise.

About a dozen Bills players were joined by the mayors of Niagara Falls and Buffalo as they entertained a group of third-through-sixth graders for a Play 60 Challenge event, which is a joint initiative between the National Football League and the American Heart Association.

Buffalo Mayor Byron Brown told the kids, “In addition to doing all of your schoolwork and having healthy minds, you have to turn off the video games and exercise 60 minutes every day, whether it’s going outside and playing with your friends, riding your bicycle, throwing a football, throwing a baseball or jumping rope.”

Quinn Pitcock, the defensive tackle attempting an NFL comeback following a self-diagnosed bout with videogame addiction, was cut from the Seattle Seahawks on Saturday (thanks sister site GameCulture).

Pitcock managed to survive until the final round of cuts after a preseason in which he appeared in four games, accumulating the same number of tackles.

The Ohio State University alumni recently expanded on his problem with games, saying that in his heyday, he would typically wake up at 3 PM and then play Call of Duty until 6 or 7 AM the next day.

Quinn Pitcock, the almost 300-pound defensive tackle attempting a comeback with the Seattle Seahawks following a bout of depression-induced (and self-diagnosed) videogame addiction, has survived the first round of cuts with his NFL team and racked up four tackles in the Seahawk’s first three preseason games.

Pitcock also opened up to the Dayton Daily News (he attended Ohio State University) about his trouble with videogames, labeling Call of Duty as his game of choice. Pitcock indicated that on a “typical day,” he would wake up at 3 PM and then play until 6 or 7 AM the next day.

Playing as Randy the Random 1, Pitcock said, “First-person shooter games were my thing. I was ranked at one point 55th in the world.”

A proposed House Bill in Michigan that deals with the rights of an individual to control the commercial use of his or her “name, likeness or persona,” has drawn fire because of, among other things, an exemption for videogames.

HB5964 (full bill text) was introduced earlier this year on March 18, but has yet to be voted on since being referred to House Judiciary Committee that same month. Violators of the bill would be “liable for actual damages attributable to the unauthorized use of one or more of the personality’s attributes, including profits attributable to the unauthorized use not taken into account in computing actual damages, or $1,000, whichever was greater. “

In a strange move, online retailers GameStop and Amazon have already instituted dramatic price reductions on Electronic Arts’ Madden NFL 11, which has been out for barely over a week.

Michael Comeau, a columnist for Minyanville, noticed the price drops and dubbed the actions “worrisome” due to their timing—according to his recollection, while Amazon typically is a quick discounter, it didn’t adjust the price of last year’s Madden game until 20 days after release.

On Amazon, the 360 version of Madden NFL 11 is now $49.99, a $10 drop, while the Wii version had $3 knocked off to $46.99 and the PlayStation 2 entry received a $7 reduction to $32.99. The PlayStation 3 version is still full price ($59.99).

GameStop matched Amazon’s discounts on the 360, Wii and PlayStation 2 versions of Madden NFL 11 and went two better, knocking $10 off the PlayStation 3 game and $7 off the PSP version, which now sells for $32.99. (GameStop's discounted prices are applicable online only, not in-store)

Citing its affordability and simplicity, researchers from Maryland and Ohio State University are trying out Nintendo’s Wii as a means to evaluate the severity and lingering effects of concussions.

A Washington Post article on the subject indicates that taking tabs on an athlete’s balance is one way to measure recovery from a blow to the head, but researchers are split on the effectiveness of using the videogame device.

Experts at Maryland have athletes get on board a Wii Fit and attempt to mimic three different yoga poses, once with their eyes open and once with them closed. They also play a weight-shifting game and, eventually, all data recovered from the activities is tabulated and stored. If a player receives a concussion, the thought is that team doctors would now posses “a frame of reference to measure how far an athlete's ability to function is from its starting point.”

Once athletes met their pre-concussion scores, in theory, they could return to the field.

Quinn Pitcock is a 299 pound defensive tackle from the Ohio State University who was drafted in the 3rd round by the Indianapolis Colts in 2007, but retired after just one season due to depression, which, he claims, eventually contributed to an addiction to videogames.

Pitcock is on the comeback trail though, attending training camp and hoping to catch on with the Seattle Seahawks. He told The News Tribune that back in 2008, he “was suffering from bouts of depression, and that he had used video games as an outlet.“

On the Seahawks website (thanks Kotaku), Pitcock explained what he did after walking away from the Colts, “I cast myself away from everybody and became almost a hermit. I ended up using video games as my out, I got sucked into that. I got lost to the world.”

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.

Late last year, NFL retirees won a massive $28 million verdict against their former union, the NFLPA, when a federal court jury in San Francisco decided that the old time players' images had been used in EA's popular Madden series without their authorization.

Following an appeal, the retirees accepted a just slightly less massive $26.25 million settlement. Although EA was not a defendant in the case, there has been talk by at least one militant former NFL player that a similar suit against the publisher may be in the offing.

It's very clear that, despite the big settlement dollars, hard feelings linger among the retirees. One of the more outspoken ex-players, former Oakland Raider Dave Pear, bitterly notes that EA has licensed realistic weather for Madden, but won't pay to use former players, who no longer appear in the game. Pear writes:

Retired players are so sick and tired of getting ripped off every time they turn around. We recently came across an article that Electronic Arts was partnering with The Weather Channel to pay them for weather statistics to make Madden Football X more “realistic” – but they DON’T want to pay the retired football players themselves for their stats in order to make the game more “realistic”. I wonder when they’re planning on screwing around with the weather so they won’t have to pay for that either...

Although EA's exclusive licensing deal with the NFL and NFL Players Association has outraged some gamers and even sparked a class-action lawsuit, it appears that, while negotiating with league, the game publishing giant neglected to wrap up the mobile device rights for NFL games.

By way of example, BitMob points out that Gameloft has released NFL 2010 this month for iPhone/iPod Touch. Screenshots for the $7.99 App Store download clearly show actual NFL team and player names. The game appears to be available for non-Apple phones as well.

It seems quite puzzling that EA would let development rights for any platform slip away, particularly for the popular Apple platforms.  

-Doug Buffone, ECA intern

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.

The sports video game business is clearly in a period of legal upheaval as yet another class-action suit involving the licensing of athletes' images has emerged.

In the latest development, former UCLA power forward Ed O'Bannon is the lead plaintiff in a federal class action suit charging that the NCAA unlawfully deprived former student athletes of compensation for the use of their likenesses in, among other things, video games, DVDs, jerseys and stock video footage.

O'Bannon led UCLA to the 1995 NCAA Championship and played for three seasons in the NBA.

Michael Hausfield, whose firm, Hausfield LLP is representing O'Bannon and other members of the plaintiff class, offers this comment in a press release issued this morning:

No one has a right to own or control another person’s image or likeness for eternity without providing fair compensation. Former student athletes should have a voice in how their own images or likenesses – once they are no longer students – are used throughout their lifetime.

In his Sports Law column for Sports Illustrated/CNN, Vermont Law School professor Michael McCann terms the stakes in the case "enormous." McCann's full column is worth a read. Here's a taste:

There are two core areas of law implicated by O'Bannon v. NCAA.

First, by requiring student-athletes to forgo their identity rights in perpetuity, the NCAA has allegedly restrained trade in violation of the Sherman Act... Student-athletes, but for their authorization of the NCAA to license their images and likenesses, would be able to negotiate their own licensing deals after leaving college...  For example, if former student-athletes could negotiate their own licensing deals, multiple video game publishers could publish games featuring ex-players. More games could enhance technological innovation and lower prices for video game consumers.

Second... the [former players argue that] NCAA has deprived them of their "right of publicity." The right of publicity refers to the property interest of a person's name or likeness, i.e. one's image, voice or even signature...

It's important to note that the O'Bannon lawsuit is directed at the NCAA, not video game publishers. In addition, it deals only with licensing issues relating to former, not current NCAA athletes. On that score, however, O'Bannon requests that a trust be established with any funds won in the case; such proceeds would benefit today's players when they are finished with their collegiate careers.

In addition to the O'Bannon case, a pair of recent class-action suits by former college football players Sam Keller and Ryan Hart target the NCAA and Electronic Arts over similar licensing issues. And, as GamePolitics reported last month, retired NFL players won a $26.5 settlement with the National Football League Players Association over their unlicensed use in EA's popular Madden series. EA was not a defendant in that case, but some militant voices among the retired players advocate pursuing the Madden publisher at some future point.

Turbulent times, indeed...

Yesterday's GamePolitics report detailing a University of Michigan economist's estimate that EA's exclusive NFL deal cost Madden buyers as much as $926 million raised a number of eyebrows, including those attached to the forehead of Michael Pachter (left).

In an e-mail exchange with GamePolitics, the Wedbush-Morgan analyst scoffed at the monopoly theory offered by Dr. Jeffrey MacKie-Mason in a filing last week with the U.S. District Court in San Francisco. MacKie-Mason was hired as an expert witness for the plaintiffs in a class-action suit filed in 2008 by a pair of gamers who allege that EA exploited its exclusive NFL deal to jack up the price of its popular Madden series.

Here's what Pachter had to say:

What kind of fool is this U of Michigan economics professor? ...Madden (according to NPD) sold 23 million units in 2006 - 2009, not the 30 million that Dr. MacKie-Mason claims... The total retail sales were $1.034 billion, meaning that EA's cut was around $800 million (retail margin is 20%).  How in the world does [MacKie-Mason] conclude that EA overcharged by more than they generated?

For the four year period, EA's average retail price was $44. For the period 1995 - 2005 (when either Sega or Take-Two provided [NFL 2K series] competition), EA generated $1.548 billion of sales on 36 million units, for an average price of $43. In other words, WITH competition, the price was $43, and WITHOUT competition, the price was $44.18...

I rarely read anything that gets me so incensed... They may have some odd estimates I'm not aware of, but based on what you printed, they should be embarrassed. You can quote me.

Here's more: Take-Two discounted [NFL 2K5] to $19.99 to gain market share, and lost their butts in the process. It's the same as a dollar menu at McDonald's that is a loss leader in order to gain share, and McDonald's hopes people buy the high-margin soft drink. There is no "right" among consumers to receive a perpetual discount just because one retailer decides to discount below cost... 

It strikes me as irresponsible that the professor would focus on the NFL exclusive as if there is some god-given right for consumers to have all intellectual property available for exploitation by any business that chooses to do so in the name of competition... 

The ONLY I/P that has ever been licensed to multiple video game parties is team sports.  The NFL, Major League Baseball, FIFA, and NCAA Basketball have all chosen to go the exclusive route for games, similar to the contracts for all movie-based games.

GP: As GamePolitics reported yesterday, MacKie-Mason acknowledges that his analysis is based on incomplete data. In a response filing, attorneys for EA (who were similarly contemptuous of MacKie-Mason's theory) agreed to furnish available documentation dating back to 2001.

A University of Michigan economics professor estimates that Electronic Arts collectively overcharged Madden buyers between $701 million and $926 million during the years 2006 through 2009.

Dr. Jeffrey MacKie-Mason made his claim in a document filed last week with the U.S. District Court in San Francisco. Mackie-Mason was brought into the case as an expert witness by attorneys representing Geoffrey Pecover and Jeffrey Lawrence. The pair of gamers are named plaintiffs in a class-action suit alleging that EA used its exclusive licensing deal with the NFL to eliminate Take Two Interactive's competing NFL 2K series. The suit charges that EA then exploited the resulting competitive vacuum to dramatically raise the retail price of Madden.

While MacKie-Mason acknowledges that his estimates are based on incomplete data, he writes:

I provide this information for the limited purpose of allowing the Court to assess in rough terms the burden on Electronic Arts in relation to the magnitude of potential damages... Under California's antitrust statute, it is my understanding that these damages would be trebled.

MacKie-Mason arrived at the eye-popping figures using an estimated overcharge percentage that ranged from 50% to 66% for the 30.04 million units of Madden sold during the 2006-2009. He writes:

When Take-Two was able to compete unhindered, Madden NFL's competitive price was in the range of $19.95 to $29.95. I assume for this exercise that these would have been Madden's prices but for the alleged [monopolistic] acts.

Based on Mackie-Mason's estimate, attorneys for the plaintiffs have requested additional data for Madden sales going back to 2001. In a response, attorneys for EA agreed to supply as many of the requested documents as they could locate, but were unsparing in their assessment of Mackie-Mason's analysis:

EA respectfully submits that Dr. MacKie-Mason's analysis is fundamentally flawed on multiple levels. Indeed, Dr. MacKie-Mason's estimated magnitude of damages is nothing more than pure fiction - it has no basis in fact or law...

As GamePolitics reported last month, U.S. District Court Judge Vaughn Walker ruled that the plaintiffs' monopoly suit could go forward, but limited the scope of the case to claims arising in California and Washington, D.C. where Pecover and Lawrence reside.

DOCUMENT DUMP: Read Dr. MacKie-Mason's estimate here... Read EA's response here...

The long-awaited NCAA Football 2010 launches today and you can count Florida Gov. Charlie Crist (R) among the game's fans - and its players.

Orlando's WESH-2 reports that the Guv was on hand at EA's Tiburon Studios for an NCAA '10 launch event. Crist praised not only the game but the industry's positive economic impact on Florida's economy:

This is so cool that EA Sports, [that] Tiburon is right here in Florida...

 

The realism of [the game] is what just blows you away... This is the knowledge-based economy we want to continue to build throughout the state.

It's great for Florida. It's great for jobs. You know in this economy especially, looking for new and innovative ways for people to have gainful employment and the pride that goes along with that. It's so important to so many people.

Crist, who quarterbacked the 1976 Wake Forest team, even appeared in the game dressed in full uniform, courtesy of NCAA '10's Team Builder feature. In a demo of the game run by Tiburon developers, Crist scrambled and passed the Demon Deacons to a four-play touchdown drive.

In comments after the demo, Crist was a good sport about his NCAA '10 character's performance:

I love college football. I wasn't ever very good. The guy on the screen was good. You're very generous.

El Mundo Tech has several videos of the event.

NCAA Football 10 launches at midnight with a pair of lawsuits filed by one-time college football stars hanging over its head.

The former players allege that they weren't compensated for the use of their likenesses. On CNBC this morning, Sports Business Reporter Darren Rovell covers the controversy and concludes that the players will win their lawsuit:

If the copies of Electronic Arts' NCAA Football '10 that we received are the same that hit stores at midnight, the damages against the video game company and the NCAA could grow in the suit against them...

I reviewed the top 10 players in college football... Every single one... was within two inches of their real height and 10 pounds of their real weight in the game. Four athletes... were listed at their exact heights and weights. Every single one of them had the correct eligibility status and 9... had the correct birthplace listed on the in-game bio page.

All jersey numbers were accurate, including [Jeremiah] Masoli, who switched his number from 2 to 8 in the offseason... [Tim] Tebow is wearing a big wristband on his right arm in the game, as he does in real life...

Should [plaintiff Sam] Keller eventually prevail in this lawsuit, as I believe he will, all the athletes who were infringed on this year will be entitled to get cut in on a piece of the damages.

Via: Fanster

Yesterday, GamePolitics reported that two more former college quarterbacks have sued EA over the alleged inclusion of their likenesses in the best-selling NCAA Football series of games.

Ryan Hart of Rutgers and Troy Taylor of Cal filed their suit in New Jersey Superior Court. In May, former Nebraska QB Sam Keller lodged a similar complaint against EA.

While some observers have ridiculed the athletes' claims, columnist Jon Solomon of AL.com, a website incorporating several Alabama newspapers, believes the allegations have merit:

The NCAA insists that college athletes shouldn't be sales tools... What does that mean? Crossing that line has been awfully blurry, even before the video game lawsuits.

Why do you think fans buy No. 8 Alabama jerseys and No. 15 Florida jerseys? It's no coincidence the punter's jersey number doesn't hang in stores next to those of Julio Jones and Tim Tebow...

There is no question EA Sports identifies individual players. If this were an open-records request by a media outlet, universities would redact every video game player, citing personally identifiable information. Funny how that works, isn't it?

All it takes for a major NCAA mess is one sympathetic judge or jury to an athlete's claim of exploitation. Ironically, that forum could come from video games, which are wildly popular with the very college athletes whose identities are being used.