USA Today has calculated that Electronic Arts could face $1 billion in damages if it eventually loses a class-action lawsuit brought against the publisher and the NCAA by former college athletes. The lawsuit, which has been ongoing for two years, revolves around compensation for athletes' likenesses being used in EA's NCAA football and basketball games.
The Cliff's Notes version of the math works a little something like this: the law apparently says each player can be awarded $1,000 per likeness, per platform. This ends up being about $305.5 million for all the football players and $29 million for basketball players, a total of $334.5 million. Now, if the judge decides EA and the NCAA were "knowing, willful or intentional" in their compensation violation, the amount can be tripled under the Indiana publicity rights statute for damages over a billion dollars.
EA's official statement, provided by EA corp. comm VP Jeff Brown: "We could lose billions more if a giant meteor hits the earth. We're not planning for either outcome."
Reader Comments (50)
Posted: Aug 3rd 2011 10:04PM Grand Kerfuffle said
That's a pretty rad official statement.
Posted: Aug 3rd 2011 10:38PM Shadowbender said
@Grand Kerfuffle
EA seems to have a history for that. Remember their Bobby Kotick remark?
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EA seems to have a history for that. Remember their Bobby Kotick remark?
Posted: Aug 3rd 2011 10:06PM MLC said
"We could lose billions more if a giant meteor hits the earth. We're not planning for either outcome."
Damn! LMFAO!!!
Damn! LMFAO!!!
Posted: Aug 3rd 2011 10:40PM SuperWoody64 said
@SirUrza
Up next, EA liquidates and BioWare acquires all of its 2nd party publishers.
EA: "We don't have a billion, we're out of business"
That's a Trump move but I wouldn't put it past them.
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Up next, EA liquidates and BioWare acquires all of its 2nd party publishers.
EA: "We don't have a billion, we're out of business"
That's a Trump move but I wouldn't put it past them.
Posted: Aug 3rd 2011 10:53PM The Only Girl said
Posted: Aug 4th 2011 3:53AM WhinerKiller said
@MLC
take that, nibiru ..you.. giant meteor you!
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take that, nibiru ..you.. giant meteor you!
Posted: Aug 3rd 2011 10:10PM xXMiraclesXx said
Wait so the players want money for being in NCAA? Since when are they in NCAA? Their names are not on the game at default just their number and since when did they own that number.
Posted: Aug 3rd 2011 10:22PM jtothechan said
@xXMiraclesXx
Number and likeness. Body type (general height and weight), skin tone, facial features (basketball at least), hair style, playing position, general play style and attributes (fast, slow, etc).
I see this suit as very legitimate. Although to be honest, all the people I know who play NCAA games do so for the career modes, in which you build your own university from scratch. So in that case, the "real" players are out in a few simulated seasons anyway and never seen again.
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Number and likeness. Body type (general height and weight), skin tone, facial features (basketball at least), hair style, playing position, general play style and attributes (fast, slow, etc).
I see this suit as very legitimate. Although to be honest, all the people I know who play NCAA games do so for the career modes, in which you build your own university from scratch. So in that case, the "real" players are out in a few simulated seasons anyway and never seen again.
Posted: Aug 3rd 2011 10:19PM SecondTomorrow said
They can use "likeness", but since they're in college, they're still students and not subject to what they're seeking from this lawsuit. There's a reason their names aren't used or allowed in the game itself.
Posted: Aug 4th 2011 9:06AM sohcahtoa said
@SecondTomorrow
Exactly! I remember old skool NBA games have a number 23 player in bulls with no name... Jordan never sued
and the players arent suppose to be paid anyway i thought :P i mean isnt that the whole controvesry with College sports? university are making MILLIONS on their students/players, but all the students/players get in return is a tution thru school in a bullsh!t degree, like humanity, that the coaches recommended; because these majors have basically zero work and any numbnut can pass the coaches dont have to worry about the players' grades.
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Exactly! I remember old skool NBA games have a number 23 player in bulls with no name... Jordan never sued
and the players arent suppose to be paid anyway i thought :P i mean isnt that the whole controvesry with College sports? university are making MILLIONS on their students/players, but all the students/players get in return is a tution thru school in a bullsh!t degree, like humanity, that the coaches recommended; because these majors have basically zero work and any numbnut can pass the coaches dont have to worry about the players' grades.
Posted: Aug 4th 2011 12:54PM rowd149 said
@sohcahtoa
The people suing are former players whose likenesses are used in games that continue to be available on the market. This is like a child actor suing for rights to their image after they turn 18, so that they get royalties instead of their parents, which I think is totally legitimate.
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The people suing are former players whose likenesses are used in games that continue to be available on the market. This is like a child actor suing for rights to their image after they turn 18, so that they get royalties instead of their parents, which I think is totally legitimate.
Posted: Aug 3rd 2011 10:25PM CaptainProtonX said
So, "Project Ten Dollar" is really a cover for "Project Pay Our Laywers".
Posted: Aug 3rd 2011 10:32PM Hoops said
Looks like the NCAA hit EA with project 1 billion dollar. Choke that down EA.
Posted: Aug 3rd 2011 11:04PM Fire Walk With Me said
@Hoops the NCAA hates college players. They are in no way helping anyone out. They are against their athletes and always have been outside of making money. The article title was writtten poorly to where it seems like the NCAA is supporting players. Couldnt be more opposite.
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Posted: Aug 4th 2011 12:13AM Collymilad85 said
@Hoops
At least they'll have something to choke down eh?
Won't be any of your cash if you're buying their games pre-owned.
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At least they'll have something to choke down eh?
Won't be any of your cash if you're buying their games pre-owned.
Posted: Aug 3rd 2011 10:35PM gordogg24p said
Any issues I've had with EA in the past have been slightly (even if just barely) alleviated with that single quote.
Posted: Aug 3rd 2011 10:46PM dtrain1183 said
Unless collegiate athletes are going to start suing their institutions for jersey ticket and memorabilia sales as well this case is gonna amount to jack squat. As much as I believe these kids deserve some cash for how much money they bring into their conferences and universities that's not the current format so no dice.
Posted: Aug 3rd 2011 11:02PM Fire Walk With Me said
@dtrain1183 they need to unionize and sue both parties. The majority of players will never see an NFl contract and should be compensated for EA making money on their blown out knees and early deaths.
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Posted: Aug 3rd 2011 11:32PM trinica said
@dtrain1183
EXACTLY. NCAA athletes aren't allowed to be paid for what they do, why is this not encompassed by that rule? I really don't understand what the athletes think they can gain from this, there's no judge in the world that would rule in their favor.
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EXACTLY. NCAA athletes aren't allowed to be paid for what they do, why is this not encompassed by that rule? I really don't understand what the athletes think they can gain from this, there's no judge in the world that would rule in their favor.
Posted: Aug 3rd 2011 11:00PM Fire Walk With Me said
Such bullshit that the NCAA and EA can make money on some kid's shoulders. F Them I hope they take all of NCAA and EA's money.
Posted: Aug 3rd 2011 11:09PM Mrblonde57 said
Like losing 1 billion will hurt EA at all. They will make it back up. They are one of the largest video game companies.
Posted: Aug 3rd 2011 11:16PM GuardianLegend2 said
@Mrblonde57
Wikipedia says their total assets for FY 2010 was $4.6 billion, and that they lost around $700 million for FY 2010 too. So if they lose a billion... that's a pretty big hit.
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Wikipedia says their total assets for FY 2010 was $4.6 billion, and that they lost around $700 million for FY 2010 too. So if they lose a billion... that's a pretty big hit.
Posted: Aug 4th 2011 12:38AM The Only Girl said
@Mrblonde57
They'll probably just release another Sims 3 expansion and call it a day.
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They'll probably just release another Sims 3 expansion and call it a day.
Posted: Aug 3rd 2011 11:10PM jrobington said
I've always thought college players should get paid for what they do, alot of them put they're bodies on the line while the college sells their jersey for $75 a pop. As long as the NCAA doesn't see any of this money I'm cool with it, especially after P10$
Posted: Aug 3rd 2011 11:38PM trinica said
@jrobington
But they should be paid by the NCAA, NOT by suing a video game company that is just trying to appease the consumer. I enjoy the NCAA football/basketball EA franchises, this lawsuit is really selfish on the athletes' part.
And they kind of already ARE paid with scholarships and whatnot....Is free school not enough? Some people would kill to even be able to go to a community college, that's just downright stupid to think that they're entitled to more, especially since they're playing the sport because they WANT to....It's more of an elective than it is a job you know.
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But they should be paid by the NCAA, NOT by suing a video game company that is just trying to appease the consumer. I enjoy the NCAA football/basketball EA franchises, this lawsuit is really selfish on the athletes' part.
And they kind of already ARE paid with scholarships and whatnot....Is free school not enough? Some people would kill to even be able to go to a community college, that's just downright stupid to think that they're entitled to more, especially since they're playing the sport because they WANT to....It's more of an elective than it is a job you know.
Posted: Aug 3rd 2011 11:41PM trinica said
@jrobington
Besides, selling merchandise is no different than collecting tuition from students for the courses they are in. Not one bit different.
Bottom line is, the athletes chose to be what they are - that is ALL part of the package deal. If they can't live with that, then maybe they should never have BEEN college athletes to begin with. The problem isn't the NCAA, nor is it EA.....It's the athletes themselves that are bringing about this ridiculous lawsuit.
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Besides, selling merchandise is no different than collecting tuition from students for the courses they are in. Not one bit different.
Bottom line is, the athletes chose to be what they are - that is ALL part of the package deal. If they can't live with that, then maybe they should never have BEEN college athletes to begin with. The problem isn't the NCAA, nor is it EA.....It's the athletes themselves that are bringing about this ridiculous lawsuit.
Posted: Aug 4th 2011 1:38PM ytilanigiroon said
@trinica
I get where you're coming from, but think about the fact that some of the kids that are in these games never turn pro, and for that matter don't even have a scholarship. This is not common but it's not unheard of for sports like football and baseball, less so for basketball.
I don't think the suit is without merit, especially after the Retired NFLPA suit that was filed (I think) last year. Would it be OK with you if, because you work where you do and are being compensated for your time, it's fair game for your employer to take photos of you and create ads using your likeness without additional compensation? Unless you are a professional model, I'd assume the task would be outside the reasonable scope of your job description - and in my estimation eligible for further compensation.
Do I think it makes a huge difference to the players if they get their $1,000 a pop? Not really, but it will at least force EA to figure out how to keep what's in the game, in the game, and avoid further litigation. Possibly creating a scholarship fund and making donations to it in each players name for the amount owed? Placing the cash in some sort of escrow until the player graduates or leaves school? Obviously, that doesn't help the current case, but could avoid the situation down the road...
Unless NCAA players give up their rights to their likenesses when they fill out their paperwork when entering the school, I don't see how EA has a case.
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I get where you're coming from, but think about the fact that some of the kids that are in these games never turn pro, and for that matter don't even have a scholarship. This is not common but it's not unheard of for sports like football and baseball, less so for basketball.
I don't think the suit is without merit, especially after the Retired NFLPA suit that was filed (I think) last year. Would it be OK with you if, because you work where you do and are being compensated for your time, it's fair game for your employer to take photos of you and create ads using your likeness without additional compensation? Unless you are a professional model, I'd assume the task would be outside the reasonable scope of your job description - and in my estimation eligible for further compensation.
Do I think it makes a huge difference to the players if they get their $1,000 a pop? Not really, but it will at least force EA to figure out how to keep what's in the game, in the game, and avoid further litigation. Possibly creating a scholarship fund and making donations to it in each players name for the amount owed? Placing the cash in some sort of escrow until the player graduates or leaves school? Obviously, that doesn't help the current case, but could avoid the situation down the road...
Unless NCAA players give up their rights to their likenesses when they fill out their paperwork when entering the school, I don't see how EA has a case.
Posted: Aug 4th 2011 11:52PM asinine said
@ytilanigiroon
well, you can say the same thing about the millions of students that go to college and end up not getting a job when they graduate. because the major that they chose, ends up getting over saturated. but unlike the student athletes that got a full ride and doesn't have to pay back a dime. they end up spending their life paying off student loans, a 30 year mortgage, car payments and supporting a family working 50 hours a week.
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well, you can say the same thing about the millions of students that go to college and end up not getting a job when they graduate. because the major that they chose, ends up getting over saturated. but unlike the student athletes that got a full ride and doesn't have to pay back a dime. they end up spending their life paying off student loans, a 30 year mortgage, car payments and supporting a family working 50 hours a week.
Posted: Aug 3rd 2011 11:22PM bigsouth620 said
My name is Nathan and I resemble NATHAN DRAKE from Uncharted! If this works out for the players side I'm suing someone for a billion also!!
Posted: Aug 3rd 2011 11:34PM DigitalEmporer said
Surely, like FIFA - having FIFPro - basketball and NFL have similar rights management agencies who DEAL directly with the leagues etc?
If not, why not?
If there is no written rule, then likenesses are allowed imo.
You think they would moan if they were used in a big hollywood film? No - they would love the exposure.
So whats wrong with having your likeness, being able to be played in a game, by millions of fans?
Pathetic.
If not, why not?
If there is no written rule, then likenesses are allowed imo.
You think they would moan if they were used in a big hollywood film? No - they would love the exposure.
So whats wrong with having your likeness, being able to be played in a game, by millions of fans?
Pathetic.
Posted: Aug 3rd 2011 11:41PM ch3burashka said
@DigitalEmporer
People buy sports games to play as their favorite players. Therefore, the players themselves are the selling point. If EA sells people the right to play as players without paying the actual players, aka making money off of someone else's appeal, then it's understandable if they're miffed.
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People buy sports games to play as their favorite players. Therefore, the players themselves are the selling point. If EA sells people the right to play as players without paying the actual players, aka making money off of someone else's appeal, then it's understandable if they're miffed.
Posted: Aug 3rd 2011 11:39PM ch3burashka said
That's right, Jeff Brown, drop duh mike and walk offstage.
Whether EA is in the wrong or not, this would not stop cutthroat asshole-ishness from permeating every and all industries. A sad state of affairs on all sides.
Whether EA is in the wrong or not, this would not stop cutthroat asshole-ishness from permeating every and all industries. A sad state of affairs on all sides.
Posted: Aug 4th 2011 12:39AM ToTheMoon said
It would be sweet sweet Karma if EA lost the lawsuit as well as a giant meteor crashing into their HQ (though not hurting anyone, just destroying all their physical assets).
It's hard to determine who is the bigger dick.. EA or Activision.... It seems that as of late, EA is trying really hard to claim that title back.
It's hard to determine who is the bigger dick.. EA or Activision.... It seems that as of late, EA is trying really hard to claim that title back.
Posted: Aug 4th 2011 12:51AM Mastadon said
This is why football sucks.
Posted: Aug 4th 2011 12:52AM becomingwater said
EA will win this lawsuit! Greedy college players who never made it big is all this is. haha
Posted: Aug 4th 2011 6:44AM (Unverified) said
+1 for Jeff Brown - LOL
Posted: Aug 4th 2011 7:22AM oolzie said
It's a shame this can't be turned around against the NCAA itself. They're the ones that sold the rights to these kids likenesses. The NCAA is one of the most corrupt organizations in this country.
Posted: Aug 4th 2011 8:50AM Will96 said
So they don't want to be in a video game? Okay that makes sense...NOT!!!
Posted: Aug 4th 2011 9:20AM hanger3com said
So if they rule in favor of the NCAA, and have to pay the kids, wouldn't they make them pro-athletes then? And isn't that the whole thing, that they, and the school can get into some serious trouble for compensating the players? Would EA then turn around and sue the NCAA?
But hell, this is a class action lawsuit. Only the lawyers will get the money. I should have been apart of a few class-action-lawsuits myself, and have never seen a single penny from them.
But hell, this is a class action lawsuit. Only the lawyers will get the money. I should have been apart of a few class-action-lawsuits myself, and have never seen a single penny from them.
Posted: Aug 4th 2011 12:31PM Vandell said
So, this is another "Lawyer Win" lawsuit, then.
$1,000 to a star athlete is toilet paper pay. But man, that legal fee cut sure sounds tasty!
$1,000 to a star athlete is toilet paper pay. But man, that legal fee cut sure sounds tasty!
Posted: Aug 4th 2011 1:35PM Startingline13 ArmlessOctopus said
It's not about the athletes receiving the money - they won't, as they are college athletes which declares you "amateur status." The moment you move out of college play, you are no longer considered such.
It looks as though the schools would receive the funds from it.
It looks as though the schools would receive the funds from it.
Posted: Aug 4th 2011 1:59PM SinDonor said
99.9% of players probably don't give a rat's ass about this lawsuit. This lawsuit only exists so a small group of lawyers can profit 40% of the $1B.
I wish, for every frivolous lawsuit that gets denied, the lawyers responsible for wasting everyone's time and our country's money get fined a percentage of the lawsuit and are disbarred. That'll cut down on the crap.
I wish, for every frivolous lawsuit that gets denied, the lawyers responsible for wasting everyone's time and our country's money get fined a percentage of the lawsuit and are disbarred. That'll cut down on the crap.
Posted: Aug 5th 2011 1:16AM Miningguyx370 said
Shouldn't they sue the NCAA for selling their rights in the first place, not EA?
Posted: Aug 5th 2011 11:02AM Machiavellian79 said
"Unless collegiate athletes are going to start suing their institutions for jersey ticket and memorabilia sales as well this case is gonna amount to jack squat. As much as I believe these kids deserve some cash for how much money they bring into their conferences and universities that's not the current format so no dice. "
Lets be honest, those kids are getting something better than money. You are getting a full ride to a university to get a degree in whatever you want. If you are red shirted you get 5 years. These athletes do not have to pay for anything. They get top of the line equipment including facilities that are better than any gym. They get prime time coverage and the chance to win the lottery and go pro, not only for the US pro sports but another country.
Lets be honest, those kids are getting something better than money. You are getting a full ride to a university to get a degree in whatever you want. If you are red shirted you get 5 years. These athletes do not have to pay for anything. They get top of the line equipment including facilities that are better than any gym. They get prime time coverage and the chance to win the lottery and go pro, not only for the US pro sports but another country.






