Judge Certifies Class-Action Football Game Pricing Lawsuit Against EA

[LiquorLogic]

Quote: Originally Posted by roadman

Your first paragraph, it still makes 2 parties to make a deal. Does it really matter who approached who? In the business world and court of law, no, but in the critical world of video football gamers, it sure does. Bottom line, it's all about business. It's very clear that the cost of the incense had a direct impact on the price increase of Madden.

Exactly, it does take two parties to make a deal, and who approached who is irrelevant. If EA and the NFL both made a deal, that was illegal, how does that invalidate the case at hand ?

Quote: Originally Posted by roadman

In your next paragraph, why should the NFL care if Madden sales go up or down. They have their money upfront.

Sorry, I meant to say that I don't know why EA, not the NFL, renewed the licensed couple years back, or would want to renew the license again. The exclusive deal has only increased the cost of doing business; it hasn't increased sales or profits.
[/quote]

[Only1LT]

Quote: Originally Posted by ODogg

Only1LT - you're not getting my point, there can never be a monopoly on a private copyrighted product such as the NFL brand. Anyone's entitled to make a football game but the NFL controls the brand. A monopoly is not ever applicable to a brand like the NFL due to the nature of it not being deemed a public goods or service used by the public sector (unlike say wood, gas, oxygen, gasoline, the radio or tv airwaves, etc).

The NFL, and other sports entities have been afforded anti-trust exemption status. That status could potentially be revoked in the sense that they may not be allowed to behave as one entity any longer. That is the crux of the American Needle case.

That's what I am referring to. While they are free to market their brand to whomever they choose, they may not be able to do so, unilaterally, for every team.

Now if the Supreme Court ruling is upheld, that doesn't mean that the NFL can't still do exclusive deals, if all the 32 teams collude to do so, but you made mention, in several posts, that the NFL is acting as one entity. I was just interjecting that this may not always be the case.

[khaliib]

Only1,

My counter was to MoutonDocile's response that full customization is not enough for a game to sell well without the NFL (or College) package attached to it.

I was pointing out how a game with full customization does not need an NFL/NCAA package on top of it to sell, because gamers would utilize the open editor to create an NFL/College structure with it's necessary teams.

It's not that a football game can't be made with these Exclusive Contracts, it's the notion that a game would not sell well if it doesn't come pre-packaged with the brand.

Those other games failed, not because the NFL brand was not on it, but because of the gimmicky marketing attempts versus producing the best gameplay with generic presentation and open customization.

I reference that it is the Casual Gamer that needs/want the brand name attached to it, because the Hardcore gamer will edit/customize the game into what he wants anyway if given the options.

I've always wanted to see what a 2k College football game would look/play like on Next-Gen consoles.

2k8 Football, Backbreaker and Black College Football showed that it's not about another football game being put out on the market, so this case is much deeper than what we may perceive.

[Gotmadskillzson]

I am amazed there is a thread about this and:

1. It is still open and not locked

2. Nobody has been banned in this thread

[ryan36]

Quote: Originally Posted by Gotmadskillzson

I am amazed there is a thread about this and: 1. It is still open and not locked 2. Nobody has been banned in this thread

Good point. *starts back at page 1*

[Only1LT]

Quote: Originally Posted by khaliib

Only1, My counter was to MoutonDocile's response that full customization is not enough for a game to sell well without the NFL (or College) package attached to it. I was pointing out how a game with full customization does not need an NFL/NCAA package on top of it to sell, because gamers would utilize the open editor to create an NFL/College structure with it's necessary teams. It's not that a football game can't be made with these Exclusive Contracts, it's the notion that a game would not sell well if it doesn't come pre-packaged with the brand. Those other games failed, not because the NFL brand was not on it, but because of the gimmicky marketing attempts versus producing the best gameplay with generic presentation and open customization. I reference that it is the Casual Gamer that needs/want the brand name attached to it, because the Hardcore gamer will edit/customize the game into what he wants anyway if given the options. I've always wanted to see what a 2k College football game would look/play like on Next-Gen consoles. 2k8 Football, Backbreaker and Black College Football showed that it's not about another football game being put out on the market, so this case is much deeper than what we may perceive.

So your point is that if a game, that is unlicensed, was actually very well done, that it would sell. Ok. I'll buy that theory. Here is the problem though. At this point, it's just a theory. It has never been done before, so saying that it would sell is just a guess.

Here's what we do know. Every unlicensed sports game that has tried to take on the licensed ones, has failed. Miserably! APF 2K8, which many, myself included, consider the best playing Football game ever, only sold a few 100k copies. Backbreaker was an abject failure in the sales department (how they got the green light to make another sports game is beyond me, but I guess we'll see if this Hockey game ever comes out). I'm scared to even look up what Black College did lol (who?).

You say that casuals need the license, while the hard core don't. That may be true, but unfortunately for those that are interested in making an unlicensed game, there are TONS more casuals than there are hardcore gamers.

Now, I hear what you are saying. All of the unlicensed games that have come out, and subsequently, didn't do well in sales, had more knocks against them besides the fact that they were unlicensed. I can go with you a little on that one, but until somebody, anybody, creates an unlicensed Football game that is a commercial success, I'm going to have to go with conventional wisdom and say that unlicensed sports games, especially NFL ones, will not sell, because until it happens, the burden of proof is squarely on their side.

And forgive me for not being PC, but we live in a very... stoopid society. One where name brands are almost always thought of as being better, just because they are a name brand. To overcome this mentality is not very easy, and it should not be taken lightly.

[ryan36]

Quote: Originally Posted by Only1LT

And forgive me for not being PC, but we live in a very... stoopid society. One where name brands are almost always thought of as being better, just because they are a name brand. To overcome this mentality is not very easy, and it should not be taken lightly.

I'm not stupid. I just want to play NFL/college football with real NFL/college teams.

So do most people, that's why they edit rosters. I'm not so free on my time, that I can do it all myself. I'll take a passable m11 over a perfect apf any day.

[Only1LT]

Quote: Originally Posted by ryan36

I'm not stupid. I just want to play NFL/college football with real NFL/college teams. So do most people, that's why they edit rosters. I'm not so free on my time, that I can do it all myself. I'll take a passable m11 over a perfect apf any day.

Are you sure about that lol? Kidding.

All I mean is that the mentality, in general, not specific to Football games, of name brands being better just because they are name brands, is stupid, and that plays a factor in people's purchases, including Madden.

It could even be a licensed Football game, but it would still have a hard time competing with Madden, because of its brand recognition. Take away the license, and you can just about turn the lights out lol.