NCAA, EA Sports Racking Up Quite The Legal Expenses
College Athletics, College Basketball, College Football, Legal, Video Games July 23rd. 2009, 12:45pm
The NCAA is staring down yet another potentially landmark case this summer in the arena of athlete compensation. And this one could deal the Association the most devastating blow of them all.
Dan Wetzel of Yahoo! Sports, as he has been known to do in recent years, was first with the story of former UCLA hoops star Ed O’Bannon and a couple of legal heavyweights filing a federal case against the NCAA.
O’Bannon was inspired to act much in the same way former Nebraska quarterback Sam Keller and former Cal and Rutgers QBs Troy Taylor and Ryan Hart were: By watching the NCAA and companies like EA Sports profit off their likenesses in wildly popular video games.
CNBC’s Darren Rovell has been optimistic on Keller’s chances, at one point point arguing: “I’ve seen many lawsuits brought about by student athletes in my day and this is probably the best case I have ever seen constructed.”
After Tuesday’s news, that case may slide to a close second as O’Bannon has hooked up with a team known to sling a legal sledgehammer with ease.
He’s represented by two of the nation’s most high-powered law firms – including one that secured reparations for Holocaust survivors from Swiss banks.
Hausfeld LLC has recovered billions in worldwide class action suits ranging from reparations from price fixing cartels to benefactors of slave labor.
His taking of the case along with Boies, Schiller & Flexner, which has been involved in mega-cases such as United States v. Microsoft and Bush v. Gore, suggests that the lawyers believe there is a great deal of punitive money available.
O’Bannon (especially), Keller and perhaps even Taylor and Hart all stand a good chance of success in these matters as they fall under the category of former and not current players. Similarly, more than 2,000 retired NFL players were granted $26.25 million in a settlement last year regarding their likenesses being portrayed in the Madden video game series.
Arguments of preserving athletes’ amateurism dissipate once those athletes graduate and are released from their scholarships and obligations to their institutions. There’s no way something big doesn’t come out of one or more of these cases. And as Wetzel illustrates in must-read fashion, the NCAA is now pitted against the heavyweights in O’Bannon and Co. capabable of a stinging blow.
At stake, the article states, is “a share of the estimated $4 billion market for collegiate licensed merchandise.” The NCAA, should it lose, would be forced to pay a “substantial penalty” and could even be forced to share its revenue stream with former players.
You can bet many former (and current) players will be paying attention to these cases. You can also take to the bank the fact that there will be a notable ripple effect in light of the cases’ outcomes.
34 Responses to “NCAA, EA Sports Racking Up Quite The Legal Expenses”
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July 23rd, 2009 at 12:51 PM
Curt Flood represent yo.
July 23rd, 2009 at 12:53 PM
shouldn’t he sue the ncaa since they are paid and give permission to ea to use their likeness?
July 23rd, 2009 at 12:54 PM
the players should be compensated for any profits the schools, or in this case the video game companies as well, make off their likenesses. i’m surprised it’s taken this long to get this rolling.
July 23rd, 2009 at 1:01 PM
At least by the time this plays out I will have stopped playing the game. If this had happened when I was in college, I would have been pissed.
July 23rd, 2009 at 1:01 PM
Likeness? Sam Keller didnt look like a cock in NCAA ‘10. Im calling bullshit!
July 23rd, 2009 at 1:03 PM
well…looks like we’re gonna get ncaa games with qb #9 and hb #43. fuck it . free room and board. free college. a monthly stipend to go to college. if they win this lawsuit the ncaa should take all that shit away from them.
July 23rd, 2009 at 1:03 PM
Sonny Viccaro and a plaintiff’s lawyer. A heart warming match.
July 23rd, 2009 at 1:07 PM
agreed.
it’s about time we start paying college athletes.
July 23rd, 2009 at 1:11 PM
The NCAA is the only billion dollar business that doesn’t have to pay it’s employees. That has to change.
July 23rd, 2009 at 1:16 PM
either that, or on all new scholarships the NCAA puts a stipulation that by accepting the scholarship they are forgoing any financial compensation the student athlete would receive if the NCAA, School, or partners makes profit off their likeness.
July 23rd, 2009 at 1:16 PM
you do. O$U
July 23rd, 2009 at 1:17 PM
Are full-rides to universities and colleges really worth that little nowadays?
July 23rd, 2009 at 1:19 PM
i’m not an expert, but are all sport scholarships full rides for everyone?
July 23rd, 2009 at 1:19 PM
I think the growing trend of 5-star basketball players opting to take European cash over 1 year of college speaks volumes and answers that question.
July 23rd, 2009 at 1:20 PM
Pretty sure the games are already like that, and the only guys that appear on the cover are players no longer in school.
July 23rd, 2009 at 1:22 PM
These fuckers need to get involved in work study. You know how much pussy these guys get because they are on TV? Its sort of a trade off. A great social life in college is priceless. Nailing Co-Eds is the best thing ever. Fresh 18 year olds ready for some action? Hello! Thats something you will carry with you for the rest of your life. Stop taking shitty majors like “Recreation Management” and learn how to do a real trade if you dont make the show. The only thing I think needs to change are the regulations. That whole Jeremy Bloom thing pissed me off. The only people who are complaining are people who suck.
July 23rd, 2009 at 1:24 PM
damn straight.
oh, no, that’s completely valid.
but when you’re responsible for bringing in BILLIONS, you deserve to be compensated fairly.
July 23rd, 2009 at 1:25 PM
That’s well over 100 grand for a free pass to
educational excellencea 4-year orgy they wouldn’t otherwise get. I think that’s fair enough.July 23rd, 2009 at 1:26 PM
How many college athletes make it to the pros? 2%?
The rest of these fuckers ARE getting a free ride. Playing for nothing my ass.
Clown and I agree; who woulda thunk?
July 23rd, 2009 at 1:27 PM
Right now most players on most teams match up with their numbers and attributes. Should the fmr players make waves in these cases, we’ll be looking at totally generic rosters and perhaps no ability to manually change the players’ names on the game to match up with their real-life counterparts.
July 23rd, 2009 at 1:28 PM
I don’t know anyone who’s buying a game because it has a likeness of Ed O’Bannon or Sam Keller.
July 23rd, 2009 at 1:33 PM
So what would be the incentive for anyone to buy the game every year? Generic roster and generic attributes would be the same year to year, no? I have a feeling they’ll settle on something far less than what the players are seeking, because a large percentage of 0 is still 0.
July 23rd, 2009 at 1:34 PM
i’m not an expert, but are all sport scholarships full rides for everyone?
It depends on the sport. Sports like golf, tennis, rowing, etc might only be percentage of tuition and fees scholarships rather than full rides. Additionally, NCAA rules state that any student who receives any amount of athletic aid cannot receive institutional grant funds and some state grant funds. So for some students with partial scholarships, it is zero sum.
But I agree with Clown. Is not a high class education completely free of charge not a form of payment? How many athletes would not otherwise be able to attend some of the universities they attend without the athletic scholarships?
July 23rd, 2009 at 1:36 PM
I actually think it is stupid to think of college football as an amateur or non-professional sport. Obviously the NFL is the big leagues, but college football isn’t Triple A. They are making money hand over fist and the players, regardless of what they do after college should see some of it. Players not going to the NFL and are in college for the education they could use the money to relocate, start a business, buy a house, etc.
July 23rd, 2009 at 1:37 PM
Shit. Ignore the double negative in the second paragraph please.
July 23rd, 2009 at 1:38 PM
There’d be very little incentive to do so. I’m scooping up 2010 real fast for it may be one of the last of its kind though I could be wrong and some kind of settlement seems likely. Never hurts being cautious (Actually just getting 2010 because I haven’t bought one in 2 yrs & this is also the last one with Todd Reesing, Sharp, Meier, Stuckey,etc. but still!)
July 23rd, 2009 at 1:41 PM
i’m not an expert, but are all sport scholarships full rides for everyone?
No. i had a 30% of tuition scholarship for track. the entire team was only allowed 12.4 scholarships to balance out Title IX.
July 23rd, 2009 at 1:42 PM
You wouldn’t argue that a major league player “only” deserves 100 thousand dollars for playing a game, or that they should be happy only making that, when their industry is bringing in 100s of billions to the owners. I don’t see why this is different.
July 23rd, 2009 at 1:53 PM
Taguchi = Sonny Vaccaro?
July 23rd, 2009 at 1:59 PM
All bets would be off if the NCAA and the big schools had just paid the players some money beyond scholarship, room, and board which is an indirect payment at COST for the university subsidised by the rest of the student body, sports revenue, merchandising, concessions, and for public schools government funds.
I love it when some entity or person has to pay exponentially more down the road for being too cheap-ass in the first place. Greedy MoFos!
And surely I am cheering for many a Wall Street class action lawsuit round two as well.
It’s the only way folks other than the likes of Mike NYC will get their bailout you know.
July 23rd, 2009 at 2:00 PM
Keller went to Arizona State.
July 23rd, 2009 at 2:01 PM
CGB out of Hokie oblivion! +4.5 aggregate for this post!
July 23rd, 2009 at 2:03 PM
Uh, and Nebraska!
yeah.
July 23rd, 2009 at 2:03 PM
Sonny Vaccaro is the biggest skeeve in sports. I heard him yesterday on the radio about this. I kinda agree w/ the EA/video game thing, because they are creating new content to profit from, but he also wants these guys to receive royalties from old images also. He used an SI cover of O’Bannon cutting down the nets that he said UCLA has made millions from by reselling as an example.
I can think of 100 iconic photos over the years (think famous Life Magazine or SI shots) where you don’t go back and pay the person every time you see it.