What do Jake Long and Eugene Jarvis have in common?
Sam Keller's class action suit, in which he claims not mere coincidence that Michigan and Kent State both had players resembling Jake and Eugene on the EA College Football game. Link to suit. Jake is at paragraph 21.
http://www.courthousenews.com/2009/05/06/ElectronicArts.pdf
Fuck Sam Keller. This is an EXTREMELY douchey move.
People were making money using Sam Keller's image and he didn't get a cent of it or the right to say no. I don't understand the law or anything, so no clue if he has a case, but the athletes used to sell NCAA deserve money.
you give up all of that. he has no say about any of the money that gets made
the dumbest shit ever. he must be broke and looking for a payday with something stupid like this
Ladies and gentlemen, we have a winrar!
Keller is a douche. Reminds me of a burglar suing a homeowner for breaking into a house and breaking his own leg by tripping over a table.
article addresses this, but, how can NCAA players sue for money damages for use of their likeness when they cannot otherwise earn money for their college playing time and said likeness.
Keller's suit is basically asking the court to bypass this restriction. Nonsense. Get a "real job".
NCCA 09 football all of the time and not one player in that game looks likes any current college football player. hell most of the time the numbers don't match up (obi is #47 and boo boo is #2). i ready the article on freep.com and it said that kelllers major compliant was the fact that you can download the correct rosters off of the net.
Vince Helmuth is black, too.
Before I start, let me make this clear: I'm a recently graduated Comp.Sci. major with a heavy preference to make video games for Blizzard or EA.
The flaw here is that the download-able, correct rosters are not created by EA Games. It is not their content, and it is not content that ships with the game. This content is created by the end-user, in much the same way that an end-user can take the included campaign editor from Blizzard's Starcraft and decide to create a campaign that mimics one from Command & Conquer: Red Alert by EA Games. OR, perhaps, use that same editor to create a "football game" scenario with NCAA players in it. What then, Keller sues Blizzard for making money off his likeness? Ha.
One can make the argument that they (EA) allow this to be generated, but that does not make them solely responsible for it. Users take a share in it (it can be noted that there's nothing in the EULA preventing it). I would personally argue that EA is making their money off the NCAA's name here, not the athletes likenesses within the game itself. Each athlete is given a name like "HB #4," but I don't buy the game because I get to run take Graham's "likeness" and smoke Tebow's "likeness" - I buy it because I get to coach Michigan (or bring some other, no-name school with players whose "likenesses" I couldn't begin to name, and turn it into the next USC).
Further, after speaking with athletes that are in these games, I haven't met a single one that doesn't enjoy the fact that their likeness is in it.
I think Keller is just trying to make a quick buck and it's rather unfortunate that it has to come at the expense of another.
Like Brian posted ojn the mgolicious sidebar, he's not wrong. Except the fact that he's pissing off x amount of people.
Your closing is annoyingly ironic...
Like Brian said, he's not actually wrong, though he may not have a case.
Just because you accept a scholarship, that does not mean you give up your constitutional and legal rights. It is illegal for someone to make money off your image and likeness without your consent. A scholarship is not the same thing as an employment contract, and even if it were, while your institution could use your likeness to generate revenues, a third party (EA/NCAA) likely could not. For example, a modeling agency could sell a model's copyrighted photos and videos to another company for use. However, a videogame company could not see those photos in a magazine and deliberately design a character to look exactly like that person and market the character as that person, without the agreement of the model. The initial contract -- in this case scholarship if we allow that -- does not make that legal.
It's only a Schrutebag move if he didn't research the topic and file with a reputable law firm.
They're a pretty big name in the Plaintiffs' bar. It's legit.
Beyond that, I agree with you. It's one thing for a college to make money off of you while you attend that school for free. It's quite another for a third party to capitalize on your likeness in that way.
I'm not an IP lawyer, so I don't know all of the particulars, but beyond that it seems like a pretty good case.
The NCAA should burn about 90 percent of their rule book, including the part that says athletes can't be paid. Anyone who cheers for a successful program and convinces themselves that their program "does everything right" while other programs are spending money is falling under an illusion that has been perpetrated by the NCAA for years.
If a million people download a QB whose profile is that of Tate Forcier, let Forcier get a royalty. And the kids definitely deserve royalties on uniform shirts with their names.
I would just as soon let athletics be a free market situation. Let the boosters pay the kids whatever they want. Don't make them go to class if they don't want to. It happens anyway. For those who say the rich would get richer: that is exactly what happens now, so the main differences would be those of perception. It would also save the NCAA a lot of money by not having to pay an enforcement staff.
And the kids would get paid for their efforts.
bartending gig isn't working out for SK.
Where is PromoteRichRod to give us lawyer jargon?
What do Jake Long and Eugene Jarvis have in common?
Each has the same number of letters in his first and last names.
What do Jake Long and Eugene Jarvis have in common?
Who are 2 people who've never been in my kitchen?