Law Firm Announces Prelminary Approved Settlement With EA in Likeness Case

[RaychelSnr]

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Hagens Berman, the law firm representing student-athletes in case which alleged EA illegally used student-athletes' likenesses in the company's college titles, filed a motion to approve a settlement for athletes who appeared in the games.

This is the first time in history that the NCAA's commercial partners will reimburse student-athletes for using their likenesses.

In the settlement, each member of the class-action suit could receive up to $951 per appearance in the game, or each year they were in it. That number depends upon the responses and the amount of claims filed of course.

Judge Claudia Wilken has to grant preliminary approval of the settlement before ultimately approving of the deal, but it appears unlikely anything would scuttle the settlement at this point.

As to what this does for any possible future collegiate games, it certainly sets a precedent for compensation and depending on how NCAA structural issues play out over the summer, the door could be opened for legal licensure of actual likenesses with no potential for legal issues down the road.

You may recall the NCAA Football series was ultimately cancelled in no small part due to 'litigation issues', and the NCAA is still mired in the O'Bannon suit -- so there is no guarantee the NCAA will be willing to play part in any licensing of their properties within a game anytime soon.

The NCAA itself is undergoing fundamental change, with the power-five conferences seeking more autonomy for things like compensation for student-athletes. Depending on how that process plays out, the door could easily be opened for a company like EA to make a video game of one of the most popular sports in America -- the market is certainly there and its doubtful that a company won't give it a try when the door is opened again.

[bad_philanthropy]

Re: Law Firm Announces Prelminary Approved Settlement With EA in Likeness Case

TBH, with the player likeness thing settled, I can see EA waiting to see how the rest of the NCAA landscape plays out, and making a new game as soon as they can. I feel like the finalizing of the settlement at least clears the deck for them to go ahead and make a college football game with generic rosters whenever the rest of the NCAA stuff gets cleared up.

Hopefully they'll be able to continue providing online lockers so makers can share authentic rosters.

The market is definitely there.

[GruffyMcGuiness]

Re: Law Firm Announces Prelminary Approved Settlement With EA in Likeness Case

I pray that we get a game soon for current gen with completely editable teams and players. Make it generic to keep out of trouble, we'll do the rest

[Skyflame21]

I've never understood why they didn't just release generic rosters in the first place. Their roster sets were usually quite poor except for maybe the top 5 players on a team, As someone who would do a complete roster rebuild, like many others, it's not like EA was gaining much with their stock roster set.

If they could reacquire the proper rights to leagues, trophies and conferences then I don't see why they cant release a new with a generic roster and just let us gamers create authentic rosters... like we've done for the past decade.

[xandermole25]

i'd rather them just pay the players and do super accurate players instead of generic ones

[cowboy_kmoney]

Its a waiting game for both kompany's.

[tril]

I have to disagree with those that said maybe now a company like EA can make college sports titles again.
This settlement is the final nail in the coffin.
There is no way a game company will be profitable if they have to pay every college athlete

In addition, the likeliness issue is so vague. What is defined as likeliness? is it a name, a number on a uniform, a home state and same position. can the rating of a player be classified as likeliness?

college sports on consoles is dead.

[fatleg3]

I have a friend who played at North Carolina from 09 to '12. He was just telling me the other day that he was contacted by someone who he played at NC with about being apart of this case.

He had to contact a certain lawyer who was handling this case and sign some papers being sent to him. Then wait until EA settled. This looks like the news he was waiting on.

Either way, we are one step closer to finding out if EA will male another college football game again.

Also, college basketball players should be able to follow suit and sue EA and the NCAA for using their likeliness too if this all goes the way of the athletes right?

[shadowman]

Re: Law Firm Announces Prelminary Approved Settlement With EA in Likeness Case

The law firm could careless about the players they are just out to make money off of a big corporation. If you want something screwed up forever just get a lawyer involved. EA will not make another NCAA game, nether will any other company. Thanks lawyers and players that sued, you've killed NCAA sports gaming forever.

[fatleg3]

Re: Law Firm Announces Prelminary Approved Settlement With EA in Likeness Case

The law firm could careless about the players they are just out to make money off of a big corporation. If you want something screwed up forever just get a lawyer involved.

I agree. My friend was also told to get in contact with as many players as he can that played in any of the power conferences except the Big East. For some reason they didn't want Big East players.

[barsoffury]

Re: Law Firm Announces Prelminary Approved Settlement With EA in Likeness Case

I have to disagree with those that said maybe now a company like EA can make college sports titles again.
This settlement is the final nail in the coffin.
There is no way a game company will be profitable if they have to pay every college athlete

In addition, the likeliness issue is so vague. What is defined as likeliness? is it a name, a number on a uniform, a home state and same position. can the rating of a player be classified as likeliness?

college sports on consoles is dead.

No it's not dead but college sports games won't be figured out until the NCAA and/or the schools figure out how the inevitable new system will work with regards to compensating athletes. Once the Schools and Conferences are on board then we could see College games again.

As for the likeness thing, it isn't vague. If you read the ESPN article, it states what they used as evidence for the player likenesses. ie. Height, weight, hair, equipment, hometown, number, skill attributes, etc...If EA was just random with all of it from the beginning they might have been okay.... The problem now is the schools and conferences have pulled out because of the risk of pending law suits.

We'll see College sports gaming again. We just aren't sure when. 2,3,4 years from now? Maybe. But it will happen.

[lnin0]

Re: Law Firm Announces Prelminary Approved Settlement With EA in Likeness Case

So... this is all on EA and the NCAA walks scot free?

[tril]

No it's not dead but college sports games won't be figured out until the NCAA and/or the schools figure out how the inevitable new system will work with regards to compensating athletes. Once the Schools and Conferences are on board then we could see College games again.

As for the likeness thing, it isn't vague. If you read the ESPN article, it states what they used as evidence for the player likenesses. ie. Height, weight, hair, equipment, hometown, number, skill attributes, etc...If EA was just random with all of it from the beginning they might have been okay.... The problem now is the schools and conferences have pulled out because of the risk of pending law suits.

We'll see College sports gaming again. We just aren't sure when. 2,3,4 years from now? Maybe. But it will happen.

tha's my point about likeliness. thats why college sports games are dead. these gmaes will not be profitable, and that also opens up an issue with compensation for college athletes in other things outside of games.
I doubt that compensation in college sports will ever happen, unless its a universal amount for a stipend. then the question becomes should a college athlete who plays d2/d3 get a stipend, and should teh stipends be different based on the school. a 200 ranked team player, a d2/d3 athlete getting paid the same amount as a top 10 program does not make any financial sense for tehse schools.
\and if you make the amounts different then you open up the possibility of bidding wars between schools.

payed college athletes will not happen. a sports game developer will not risk any litigation on due to likeliness issue in regards to athletes and university likeliness.

college sports games are dead.

[tbook24]

was az measly 4000 for a 4 year player worth getting the series cancelled for those guys that didnt cara bout the money and loved seeing themselves on video games. a few guys that did not succeed in porfessional sports dreams screwed things up for those that didnt care they were on the game. for over 20 years nobody had a problem or complained but here go these selfish guys that ruin it for everybody else.

[Junior Moe]

I have always wondered why EA (or 2K) couldn't just make an officially licensed college football or basketball game using "fake", made up players. Kinda like Blitz The League did. There would be set (maybe even non editable) rosters. Go the extra mile to make sure that the players could not possibly be mistaken for a current player to ease litigation fears. Just base the teams off of their currents strengths or weakness or the coaches tendencies. Think 5 or 6 years down the road in Dynasty mode. Just as the default roster. I don't see how that couldn't work.