NCAA/EA Split Not Enough for "Exploited" Students

StewShearerOld

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NCAA/EA Split Not Enough for "Exploited" Students



Lawyers representing students suing the NCAA say the organization is "ducking its responsibilities."

One of the more surprising developments to come out of the gaming industry recently is the announcement that National College Athletic Assocation, or NCAA, has more college sports titles from EA, but lacking the NCAA trademark and the brand power it brings with it. This split may be unfortunate for EA but for some it represents progress in the right direction.

For instance, there are more than a few inferring that the "costs of litigation" mentioned by the NCAA are likely referring to lawsuits brought against the organization by players unhappy with the group profiting from their likenesses without permission. For those involved in the case, this move by the NCAA is a sign that their efforts are working. "It's apparent to us that the NCAA's decision to end its long and hugely profitable relationship with EA is tied directly to the pressure our litigation is bringing [to] bear," commented Steve Berman, managing partner of Hagens Berman, a legal firm behind one of the lawsuits against the NCAA.

Even if the NCAA is starting to sweat, however, its actions don't amount to victory in Berman's eyes. "This announcement makes plain that the NCAA is attempting to mitigate the damage by ducking its responsibilities." In other words, the NCAA dropped the licensing deal hoping to get out of the bills it will have to pay if suits like those being pushed by Hagens Berman are successful. According to Berman, such evasions aren't going to cut it. "The cabal between the NCAA and EA has exploited student athletes for years, using their images in video games without compensation," said Berman. "While we are heartened they've stopped the practice, we believe they owe those student athletes a great deal more than their implied promise to stop stealing their images."

Source: <a href=http://www.hbsslaw.com/resources/newsroom/Steve-Berman-Comments-on-NCAA-Announcement-Not-to-Enter-into-New-Licensing-Deal-with-Electronic-Arts>Hagens Berman


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Azuaron

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Don't college athletes sign contracts explicitly stating that the NCAA and their colleges can use their names/likenesses to promote and merchandise the sport for profit, and in exchange the students get scholarships?
 

ChildofGallifrey

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I'm not really sure how much of a proverbial leg to stand on the players have here, if they're suing for having their likeness' used. Last NCAA football game I played (and, granted, it's been a good 4 years) had about 6 different player models, and they didn't look like any player I'd ever seen. And I follow college football religiously.

About the closest I've noticed is that, say, your team has a black starting QB, the nameless QB of the team will be black and share the same number. Still, looks nothing like the real person. Maybe it's different if you're playing Florida during the Tebow era, but I've never noticed a recognizable player.
 

Heaven's Guardian

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ChildofGallifrey said:
I'm not really sure how much of a proverbial leg to stand on the players have here, if they're suing for having their likeness' used. Last NCAA football game I played (and, granted, it's been a good 4 years) had about 6 different player models, and they didn't look like any player I'd ever seen. And I follow college football religiously.

About the closest I've noticed is that, say, your team has a black starting QB, the nameless QB of the team will be black and share the same number. Still, looks nothing like the real person. Maybe it's different if you're playing Florida during the Tebow era, but I've never noticed a recognizable player.
It's not so much the visual likenesses they are suing for so much as it is the skill likenesses. It's largely established that the player ratings are set to resemble the skillsets of players on the actual teams, and when you combine it with the numbers and classes, it's pretty obvious that 97 overall #2 redshirt sophomore Texas A&M QB is supposed to be Johnny Manziel, for example.
 

Marak Daga

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Jesus christ. Yanks will sue over anything eh?

"how dare they use my likeness" get over yourself
 

FoolKiller

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The hypocrisy is even deeper when poor athletes get in trouble for taking money (not scholarships) to play at a school. The schools make billions on them and that's okay but if a student wants to make the money that he's responsible for bringing in and the student is considered evil.

Also, while the NCAA has the right to use their likenesses and such to promote the sport, I don't think that they have the right to sell their likenesses.
 

PoolCleaningRobot

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Marak Daga said:
Jesus christ. Yanks will sue over anything eh?

"how dare they use my likeness" get over yourself
Well blimey tea and crumpets mate, you'd really be ok with an organization selling your likeness and getting nothing in return?
 

Something Amyss

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Ultratwinkie said:
The NCAA using loopholes to exploit athletes? And giving them practically nothing? *gasp*

Next you'll say EA is bad to its customers! What a world we would live in if that was true!
Dogs and cats living together!

...But yeah, this was pretty easy to ferret out on face value.

Marak Daga said:
Jesus christ. Yanks will sue over anything eh?

"how dare they use my likeness" get over yourself
I'm sort of curious what country you come from where this isn't a thing, because it's not any first world nation.

I mean, given the use of "yank" here, I would guess you're British or Australian, but neither country would give you any leg to stand on.

Anyway, the point is: this isn't a "yank" thing and you might want to check to make sure you're not throwing stones from glass houses.

FoolKiller said:
The hypocrisy is even deeper when poor athletes get in trouble for taking money (not scholarships) to play at a school. The schools make billions on them and that's okay but if a student wants to make the money that he's responsible for bringing in and the student is considered evil.
Since most will never go pro, maybe it's a solid life lesson for when they hit the real job market and 99% of employers will pay them a shite wage and then expect them to give 2000% so the company can have another record breaking year.

>.>

Nah, it's kinda crap. Just wanted to make a comment on exploitation being the American Way.
 

shintakie10

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The NCAA is an evil fucked up orginization, we all know this and its not really big news.

What makes me mad is that even if any lawsuit actually works the NCAA wont give a fuck because their profits are so god damn obscene that they wont even notice whatever fine they need to pay. Then they'll go back to exploitin students and punihshin them for darin to try and make a buck off of their skills (because that's the NCAA's job).
 

Mumorpuger

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PoolCleaningRobot said:
Marak Daga said:
Jesus christ. Yanks will sue over anything eh?

"how dare they use my likeness" get over yourself
Well blimey tea and crumpets mate, you'd really be ok with an organization selling your likeness and getting nothing in return?
I say, you made me guffaw enough to almost spill my tea. Right good. Carry on.
 

Dark Knifer

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Fucking hell, I didn't know there was many cases of underpaid athletes at this level but apparently there is an entire monopoly on it worth billions :/
 

Tyranicus

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I don't know why these athletes are bitchin, its not like they won't make million if they get into the NFL. Are they gonna ***** when they are on the cover of Madden?
 

Infernal Lawyer

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Tyranicus said:
I don't know why these athletes are bitchin, its not like they won't make million if they get into the NFL. Are they gonna ***** when they are on the cover of Madden?
We can't all be rock stars, buddy. I don't know squat about American Football, but I think it's safe to say that not all of these students are going to get the chance to get into the NFL. You also seem to be under the false impression that it doesn't matter if people are making money off you illegitimately as long as you're famous and 'making millions' or whatever.

Marak Daga said:
Jesus christ. Yanks will sue over anything eh?

"how dare they use my likeness" get over yourself
Exactly what third world country sweatshop are you from, then? Are you really okay with knowing that someone is making millions and millions of dollars off your likeness, that YOU should be earning, without giving anything close to proper compensation to you?
In any case, it's already been made damn well clear that they were exploiting these students, so this isn't even close to some ridiculous "oh no I spilled coffee over myself time to sue Starbucks" lawsuit that you're trying to relate it to.
 

The Rogue Wolf

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Tyranicus said:
I don't know why these athletes are bitchin, its not like they won't make million if they get into the NFL.
Yes, the two percent of college players who will make it into the NFL might do pretty well. Sucks for the other ninety-eight percent, I suppose... all that effort and what do they get out of it?

College sports are a racket anyway, as far as I'm concerned, and I'd love to see them lose all their undeserved prestige and have colleges go back to being learning environments. The future of humankind will never be altered by a Bowl game.
 

martyrdrebel27

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hey, did anyone else notice that Lawyer's name? Steve Berman? any long-time Eminem fan should. i'm wondering if it's the same guy.