Corey, I agree that former players likenesses should not be used without compensation. Corey, As someone who had to pay for my own education, it sure would have been nice to have those costs paid by someone else, even if I did "have" to play football to do it. I couldn't give a **** whether they made money off of me or not. AJ, Did you mean that as a compliment? 8)
So I go to see the movie Lincoln and I never wonder if the folks who made the movie had to pay money to the relatives of Abe or Mary Lincoln or any of the other individuals in the movie. I go to see My Week with Marilyn and I never give any thought that money has to be paid to the estate of Monroe. I see all these recreations of historical events and think that no one has to pay to recreate them. Then we have the athletic leeches. The ones who think that they are more deserving than folks like Lincoln. THEIR likeness is worth so much more. So when someone recreates history in a video game their hand is out. They do nothing. Someone recreates what they MAY have done under certain circumstances and make a game out of it. The sad part is that better players who played on weaker teams never get the opportunity to suck from the system. But headliners like O'Bannon are their with their big, hungry hands out. **** 'em.
Interesting that you mention Marilyn Monroe. Her death actually led to a lot of court rulings on this subject. Her estate did a lot of winning, although recently they lost a case. The case they lost went against them solely because the estate claimed New York residency at the time of her demise to avoid California's steep inheritance taxes. Anyway, you can read more about them here.. but rest assured, people do still pay for such things. http://www.cpa2biz.com/Content/medi...ers/Articles_2010/Wealth/IntangibleAssets.jsp http://news-briefs.ew.com/2012/09/04/marilyn-monroe-estate-loses-court-case/ Either way, you guys can keep blaming the wrong people all you want. O'Bannon is not the most likable guy. I'm not really sure 'greedy' or 'money grubbing' would really describe Oscar Robinson or Bill Russell. They certainly aren't in any need of money. I'm not really sure it describes the guys from the Texas Western hoops team, or the Indiana State team.. I know it turns more than a few heads here in Alabama when I inform people that Tyrone Prothro (who is absolutely beloved by Tide fans) is a plaintiff. He's a bank teller now, so I guess you could make the argument that despite all evidence of the fact that he's a great guy who never makes a fuss, that he's really some greedy, thankless bad guy.. I dunno.. to each their own, I guess.
Corey you keep defending O'Bannion and failing to see that what you want is to screw the vast majority of kids today who are going to college on scholarships and will never be on any video game anywhere for the sake of a very few kids who maybe should have been paid. And the emphasis is very few.
Corey, it probably won't surprise you that I'm siding with Gip and TOK in this one. Old School rules! :lol: On a more serious note, while I believe the NCAA is villifiable for many reasons, I don't believe that this is one of them.
It would appear that Scott and I are the 2 crazy people who actually believe in following the law. I had a longer response typed out but there's no point. You either haven't read the case, or don't understand what it is really about, OR you'd just as soon defend someone who is openly breaking the law just so you can keep your tradition. Fair enough. Every lawyer who handles these types of cases and has actually read up on the facts of the case, including Pat Haden, is really worried the NCAA is going to lose this case.. and it never should have gotten here. Blame whoever you want, it's probably going to happen. ****, there's people that think Elvis is still alive. Who you decide to blame incorrectly for the NCAA destroying itself won't be that bad in the big scheme of things.
Who cares if the NCAA and college athletics are "destroyed" as long as O'Bannon and his lawyer get their money? I'd read the law on the subject, but then who the **** ever thought that Justice Roberts would consider Obamacare a tax? The USGA and R&A aren't the last word in the rules of golf, the USSC and Congress are (Casey Martin case.) Right now the court is going to redefine the word marriage. (which for centuries was a bond between a man and a woman.) So what I'm saying is, I'm not sorry that the NCAA and EA Sports didn't pay off the plaintiffs. Let those that want to see the NCAA gone see how peaceful the college athletic world will be without them.
fair enough. I most certainly understand your emotions on the subject. I share them. Let me ask you this. What legal grounds did the NCAA and EASports have to continue to use the players images/likeness etc long after their playing careers had ended with the schools? What contract enables them to continue to sell jerseys with the player's number and name on the back? I'm sure the various player's unions would really love to hear your opinion on this subject.
So Corey you are so intent that the law be followed, yet there are many times that when the law is followed to the letter it's just not right. I've seen a number of times where some elementary school kid has a butter knife in his/her lunch and ends up in trouble with the law, or a kid brings some asprin/advil to school and ends up in trouble with the law. There are laws now that protect people who stop to help at an accident scene but there was a time when they could be sued for doing what seemed right at the time. You keep acting like these guys have been harmed. All they did was figure out a way to make the law work to get them some money and to hell with the consequences. That this could destroy college athletics, who cares O'Bannion is owed some money, and it probably will be a pitance after he shares any award with his lawyers and all the other people in his class. But oh justice will be served. Bring on minor league football and basketball and everything else will be non scholarship club sports. I wonder how many kids won't go to college at all, most of them minorities...but O'Bannion will have a few grand in his pocket! He showed them.
So the answer is.... Let the NCAA do whatever the hell they want, just please keep bringing me college athletics? I don't think you're fully grasping this. I am 100% aboard the NCAA whoring it out for every player under contract with them. They will wrap themselves in every horrible tragedy and not give back a single red cent made from that tragedy (that would be considered an extra impermissible benefit).. The issue here was one that was so narrow and so obvious and so illegal that I can't believe you can't see what this is. Why keep singling out O'Bannon? Why not rip Russell, The Big O, the dudes from the Texas Western team or the Indiana State team.. or better yet, Prothro? Do you really think they'll get that much money from this? (they won't) The only issue here is that the NCAA refuses to admit their mistakes and they just keep bullying their way around. Look at the Miami situation.. jesus, look at the Alabama situation? How many times can the NCAA get away with whatever they want? In those other situations, they can because they hide behind the 'voluntary membership of NCAA member institutions.' That's fair enough. They hide behind contract law all day long. That's how they continue to perpetrate this fraud. Now they've clearly violated law that they usually hide behind, and now we're suppose to look the other way? You can't have it both ways.
So Corey you'll be happy when the O'Bannion group wins and those guys all get some money and thousands of kids no longer get college scholarhips and we are reduced to minor league football. Yeah that's a great result, after all the evil NCAA will have been dealt with and every 3rd stringer in the history of EA/NCAA football will get some money.
Terry, You still haven't answered the question. It's like reading someone defending a child molester because 'he really loved his daughter and did lots of good in the community.' Your anger is warranted but entirely misplaced. I'll be just as pissed as you. Look at it this way. The NCAA is this governing body that is supposed to be teaching all of these young people life lessons about fairness, competition and doing things the right way. What lesson are they teaching here?? Sometimes life screws you and that's that? That's a great life lesson, but it is one that life teaches you.. Your parents or those in charge of your care shouldn't be the one doing that. By any and all societal standards, that is the most egregious of offenses That's exactly what you're condoning here. I'm with you, I WANT THIS TO END NOW. I want it to go no further. I'm not sure that's even possible because this thing has become it's own beast. Another question to ponder since you guys don't want to touch the other, where does this end if the NCAA wins? You think it's going to go back or stay the way it is?! I hate to tell you this, the NCAA put themselves on square footing for a collision with ALL of the professional player's unions. O'Bannon didn't do that, nor did Tyrone Prothro or any of the other players you never mention. The NCAA/EASports did that (it's primarily the NCAA). Once you establish that the NCAA has the right to those players FOREVER, that now means they don't even have to pay the license/royalty on any of their other games as well. This isn't a leap of faith here, that's the logical connection. You've gotta see that. So, now, who is greedy? I know you guys don't want to hear this, but it is the NCAA/EASports that is causing this. You should be angry.
This is pretty funny. http://college-football.si.com/2013/04/12/jon-stewart-the-daily-show-rip-ncaa/?sct=obinsite
I don't agree with everything this guy says, but he supports/documents his position well. I thought of you guys while reading this because this article quite clearly spells this issue out in a (long winded) way that I was unable to before. It's far more than the athletes. This thing has turned upside down. There is conflict between all parties involved. The ADs hate the Administrators and no one gives 2 shits about the players, who actually have the best legal argument against all of them.. It's a clusterf*ck..and you should be angry. You'll probably be angry at the players, but they aren't the ones who messed this up. They didn't lose control of themselves. http://www.sportsonearth.com/article/46368934/
Oh, so this happened as well. Please tell me again why they didn't just cut the check? http://www.sbnation.com/college-foo...-obannon-case-ncaa-tim-tebow-ncaa-football-10
So my guess is that EA has balked at the NCAA's demand that they settle this suit. http://espn.go.com/college-football/story/_/id/9486048/ncaa-not-renewing-contract-ea-sports-video-games
For my birthday, my son gave me the NCAA14 game for the ps3. We're sitting here playing it right now (he says hi JOCO).. You'd think with the legislation pending that the NCAA/EASports would be dialing down the player's likeness/images. That's one thing I don't think a lot of people get. They use their name. They use their number. They use their likeness. Here's an example of what I'm talking about. I could take picture after picture of this game and show you they have literally thousands of players listed like this. BTW, these are FORMER players listed in the 'NCAA Ultimate Team' section. You tell me, would you be pissed?
Why would I be pissed? I've done nothing at all to manufacture or create the video games. I used to have a Civil War Game that had likenesses of Grant, Lee and Stonewall Jackson. Should their relatives be pissed. I had a WWII war game that used actual units such as the 101 Airborne. Should they be lined up with their hands out? Give me a fuckin break.