Judge Certifies Class-Action Football Game Pricing Lawsuit Against EA

[Kaanyr Vhok]

Quote: Originally Posted by SmashMan

I wouldn't just dismiss that (other games' prices) as so many others are. The fact is, there is a generally agreed-upon "typical" price for new video games. Last gen it was $50, this gen is $60. There aren't separate pricing models for every genre of game. You (the general you, not specific) could argue that there shouldn't be a "typical" price, but there is. I don't see how you can look at previous games (2004 and prior) and games after exclusivity (2006 and later) and prove that 2005 wasn't an anomaly. (You can infer it, but inferring is not proving.) Yes, EA lowered their price to compete against a lower-priced alternative. Yes, EA's price went back to normal after that alternative ceased to exist the following year; but I'd argue they did so to return to their usual pricing scheme. They didn't charge any more than they previously did (2004 and prior), which again seems to show that 2005 was an anomaly.

Proving it was an anomaly is just as difficult as proving it was a trend mainly because of how well 2k5 sold. It even outsold Madden on the Xbox. It is reasonable to believe there was going to be at least a temporary price war.

[SmashMan]

Quote: Originally Posted by Kaanyr Vhok

Proving it was an anomaly is just as difficult as proving it was a trend mainly because of how well 2k5 sold. It even outsold Madden on the Xbox. It is reasonable to believe there was going to be at least a temporary price war.

Yeah, there's no way of knowing whether 2005 was a one-off situation or the start of a new trend. All I can do is look at the preceding and following years and all I see is a game that was $50 both before and after 2005.

I have no doubt whatsoever that 2K would've priced their game below Madden, but I have serious doubts that they would've maintained the $20 price point. And for that all I can look at is their MLB and NBA titles; which both increased in price following a lower-priced 2K5. If they increased those, I'm only left to assume they would've also increased their NFL game. That's where I'm drawing my anomaly conclusion from.

I mean, this is all hypothetical stuff, and I have no legal knowledge whatsoever. It just makes for some mildly interesting discussion.

[Kramer5150]

Quote: Originally Posted by jaymee13

It'll only hurt us, the gamers, for the next few years.

What in the heck would you call the last 6 installments?
I wouldn't say us "gamers" have benefited at ALL with exclusivity.

I know you're a big Madden supporter,and that's fine....but don't act like the Madden games up to this point have been "quality" titles,especially when compared to the other sports games available.

I'm not saying that this holds any water,BUT....ANY hope of exclusivity ending (imo) is the only way that us "gamers" will benefit.

I've all but given up on football video gaming,as I'm tired of hearing "next year" or "we didn't have time".

[TracerBullet]

Quote: Originally Posted by Kaanyr Vhok

Yes EA did go to them. I have most posted a couple links in the past. A rep for EA admitted to that they tried to get the license several times and were turned down. So yes the NFL did offer it but only after turning EA down several times.

But the key point here is that the NFL turned them down. They then offered the license to everyone during the bidding process.

[HealyMonster]

I think at the end of the day, all of us in here want there to be more than 1 NFL video game. Is there anyone in here that doesn't want this? And I mean that seriously, its not rhetorical. Those of us that dont have any legal experience/knowledge are pretty much standing here looking at the case "hoping" something breaks and it can lead to the exclusive license becoming a thing of the past. Those of you with legal experience are probably right with most of your stuff, but also need to realize that the majority of us are not trying to just see a case go to court, or see EA get "defeated", we just want more options, so most of the arguments are simply people trying to hold onto their hope as opposed to really win a legal argument.

Me personally, I just dont like Madden. I played it the last couple years, its just not my thing. I want there to be Madden forever. I dont want to see Madden fail or anything of that nature, I just want to play another game for a change so I am hopeful that this case can make that happen regardless of how realistic it is or not, its the only thing going on now that gives me any hope.

[DivotMaker]

Quote: Originally Posted by LiquorLogic

Had EA kept the price of Madden at 29.95 after gaining the license, or never moved it down from 49.95 in the first place, this lawsuit wouldn't have any legs; however, the fact remains that EA lowered their price to compete with 2k, eliminated 2k, and then returned Madden to it's original price.

Sorry, but I do not see it that way at all. EA lowered their price WILLINGLY to compete with 2K. They did so understanding they would be losing money to maintain market share. Both companies had an NFL license then, but none of us know how much each company paid for their licenses, so we do not know how much the price war impacted each company.

EA did not eliminate 2K, the NFL did. When EA outbid 2K, the reported numbers for the agreement were STAGGERING leading many to question openly how EA could recoup their licensing investment over the term of the contract. Of course EA raised their prices back to pre-price war pricing for the simple fact that they had to start recouping their investment for the new exclusive license. The way some make it sound, you would think EA not only raised prices back to previous levels, but tacked on another $20 to the price. How anyone can fault EA for bringing the pricing back to accepted levels (in line with other sports games and video games) is beyond me. I hope this lawsuit dies a very quick and painful death.

[DivotMaker]

Quote: Originally Posted by Kaanyr Vhok

Yes EA did go to them. I have most posted a couple links in the past. A rep for EA admitted to that they tried to get the license several times and were turned down. So yes the NFL did offer it but only after turning EA down several times.

No they didn't. An "EA Rep" is not Peter Moore. I spoke with him about this when I met him at Tiburon earlier this year and he told me that the NFL approached both 2K and EA at the same time.

[Kramer5150]

Quote: Originally Posted by DivotMaker

No they didn't. An "EA Rep" is not Peter Moore. I spoke with him about this when I met him at Tiburon earlier this year and he told me that the NFL approached both 2K and EA at the same time.

I suggest you do a google search. It's no secret that EA DID lobby for the exclusive license before it was "official",and at that time they were turned down.

While I understand it takes "2 to tango" and while some while site the argument of "why does it matter" who went to whom first...the fact still remains that EA DID approach the NFL about exclusive rights.

Peter Moore wasn't even involved with EA at the time of all this. He didn't go to EA till 2007,while EA had lobbied for exclusiveness as early as 2004 or so.