Student athletes defeat EA in lawsuit
Seems to have broken about an hour ago.
In a 2-1 vote, the 9th U.S. Circuit Court of Appeals agreed with a lower court that EA had used the images in its video games of several ex-NCAA athletes without their permission in its NCAA football and basketball series. The decision comes two weeks after EA lost the rights to put the NCAA logo and name on its games beyond this year.Circuit Judge Jay Bybee, writing for the majority of the court, said EA's game "literally recreates [Arizona State University quarterback Samuel] Keller in the very setting in which he has achieved renown."Circuit Judge Sidney Thomas dissented, however, arguing that the games' creative elements "predominate over the commercial use of the athletes' likenesses" and that "Keller's impressive physical likeness can be morphed by the gamer into an overweight and slow virtual athlete, with anemic passing ability".The decision could open up additional legal action against the video game publisher from other former college athletes who have been unhappy with their likenesses being used in the games without compensation.
http://www.nbcnews.com/business/former-ncaa-athletes-win-video-game-lawsuit-against-ea-6C10809666
http://www.reuters.com/article/2013/07/31/us-electronicarts-lawsuit-idUSBRE96U0VA20130731
far from over!
Little bit of sensationalism in your headline. They were not denied the ability to file for class action. They haven't won anything. It's more akin to scoring an early TD than to winning the game as a whole.
Well, I pretty much just copied the headlines of the two articles...
"Defeat" is a strong word for this. For us MgoLawyers, we would see this as a victory (and a significant one), but EA is far from defeat at this point. It will come back with new arguments, and there's a long way to go before any money moves from one pocket to another.
Not speaking in lawyerese, but rather English. To defeat someone and to win against them seem rather interchangable. Regardless, I don't really see how it matters one way or the other.
Because the headline you used (even if you just copied it) implies that the lawsuit is over. The judge ruling in their favor on an issue in the lawsuit isn't the same as winning the lawsuit.
lol if its really that big of a deal, please propose an alternate lawyer-friendly title and I will change it post haste.
No need to be a dick. The MGoLawyers are just pointing out a fail in the post/article headline. That said +1 for being funny.
Not sure if this is what you are asking, but the NCAA has required (and still does, I believe) student athletes to sign away their right of publicity in their likeness in perpetuity when they sign their letter of intent. Having acquired a monopoly over the likeness of all current and past student athletes, the NCAA then sells those likenesses to EA Sports, which in turn creates current teams and legacy teams stocked with these likenesses.
I don't know this at all, but what do NFL players get, all of them, for Madden every year it is released? Pool of money to the players union?
It varies by sport. The MLB guys have an agreement with their union, but it can be opted out of. Barry Bonds, for example, didn't show up in games if I remember correctly.
EA clearly is reproducing the teams and student athletes - who are ameteurs - and making a profit off of them. They have the same numbers, sizes, skin colors, etc. That being said, I personally don't think the players are being manipulated or taken advantage of. I think EA's bigger crime is producing the same game each and every year and branding it as new.
NFL guys don't see any monetary gain from Madden because of clauses in their contracts (someone correct me if I'm wrong here).
The NFLPA licenses their likenesses to EA for Madden, and to play in the NFL you have to be in the NFLPA, and to be in the NFLPA you have to agree to the licensing. What the PA does with the royalties I have no idea.
https://www.nflplayers.com/About-us/Group-Licensing/
Any program utilizing six (6) or more NFL players in conjunction with consumer products, marketing, advertising or sales initiatives requires a license from NFL PLAYERS Inc – the marketing and licensing subsidiary of the NFLPA. These may include products that are sold at retail or used as promotional or premium items. We currently work with over 60 licensees who use almost 2,000 players in products ranging from video games to trading cards to apps. For questions, please contact Group Licensing at (202) 572-7500. Please check out the licensee pages for a full list of our licensing partners.
Well, though I'm (as mentioned before) obviously not a lawyer, that kinda makes its seem that players may have the choice to selectively opt out of the licensing agreement with any sponsor.
I figure players would rather be in the game than not, due to increased publicity. Players in other leagues have held their names out of games (MJ is the biggest example). There is also the case of Bill Belichick and Sean Payton being listed as NE Coach and NO Coach in Madden 13, due to Payton's suspension, and Belichick's refusal to join the NFL Coaches Association (which handles licensing agreements for the coaches).
Goes both ways though I guess..
Actually, now that I think about it, I think it may be time to turn Braxton Miller into "Cooler Pooper Exhibit #5"