Finally…the class action lawsuit everyone has been waiting for!
by 
So it turns out all the threats over the years around suing EA over the exclusive NFL license have finally materialized in a futile, and somewhat laughable, class action suit filed last week. You can read it in PDF form here thanks to TMZ.
The suit alleges that EA Sports has an “unlawful and anticompetitive series of exclusive agreements” with the NFL, NCAA, and Arena Football. Such has driven companies like Take-Two out of the football market and prevented others from entering it.
The claim is also made that because of the licensing deals the prices of games have risen. Apparently Madden sold for $29.99 before the exclusive license but now goes for $49.99. That’s a 70% price hike! And this seems to be the main basis of the claim. It’s the “NFL 2K5 was better” argument, and makes the assumption that the series would’ve stayed at $20 and Madden would’ve lowered its prices as well from then on.
Of course this has no chance of success, as the NFL has the right to use their license however they wish, and exclusivity deals are nothing new for them. A monopoly does not apply as anyone can make a football game (see All-Pro Football, Blitz the League, Tecmo Bowl, and Backbreaker) however they in no way can make claim to having a right to the NFL license.
June 11, 2008 at 12:41 pm
Sigh
June 11, 2008 at 12:48 pm
Pasta, are you a lawyer?
June 11, 2008 at 12:59 pm
well…at least they are trying.
June 11, 2008 at 1:00 pm
As much as I want to see another 2K NFL game I realize that an exclusive license doesn’t just help EA, but it helps the NFL. This is just a guess, but I can’t imagine being the NFL and trying to keep track of say up to four NFL licensed games like there used to be in the past. An exclusive license makes it so the NFL only has to keep tabs on one game to make sure it is portraying the NFL like they want it to be.
June 11, 2008 at 1:01 pm
so whats gong to happen?
June 11, 2008 at 1:06 pm
Boy ole boy, you are really on the payroll buddy… This is the dumbest post yet, im sure Peter gave you a free tee shirt and upper deck seats to the Chargers game for this… Pathetic and sarcatic.
You are not informing us on any news,
Just Fanboy stuff…
Wise up Pasta payola, you really showing your EA Sports tighty whitey underwear now…
June 11, 2008 at 1:07 pm
why does everybody think EA is such a bad company?
June 11, 2008 at 1:18 pm
If you were a lawyer, you would know better than to post your thoughts on an ongoing lawsuit online. Since you aren’t, I’m not sure why you think you have any authority to say whether the lawsuit has a chance. I love your site, but stay away from the legal analysis. Corporate competition law is very complicated. You don’t know what you are talking about.
June 11, 2008 at 1:19 pm
I hope those that filed the suit enjoy throwing a couple thousand away. I can’t believe someone wasted the time writing up that lawsuit haha.
June 11, 2008 at 1:20 pm
So no new news on NBA 2k9? Garnett is the cover boy. Have you seen the the still shots or the video footage. You need to show some love to things other then EA games pasta. NBA LIVE 09 WILL SUCK for a 3rd year straight in comparission to NBA 2k9. im sure you have nothing to say about that right?
June 11, 2008 at 1:20 pm
people are so dumb sometimes…its the NFL’s fault there is an exclusive license…it is something that the NFL wanted…and EA simply outbid TakeTwo…end of story…and Madden did not increase it’s price from $29.99 to $49.99…the game began the year at $49.99 (in 2004)…and three months after its release it dropped the price to $29.99…which is not uncommon for a gaming company to do…though if i remember correctly, i am pretty sure that 2K5 was selling for 19.99…but that was a long time ago…nevertheless…this lawsuit is bogus and is greatly misconstruing the situation and the way the events truly played out…
June 11, 2008 at 1:23 pm
Who the hell are Geoffrey Pecover and Jeffrey Lawrence (the plaintiffs)? Are they lawyers, 2k fanboys, what? If this goes to the Supreme court, I’ll lose faith in our judicial system.
June 11, 2008 at 1:34 pm
Guys like Bux and Spencer need to show some f’in respect when talking to people. Since you want to get all technical, do your research and bring some constructive criticism to the table. Pasta’s job is to bring any news relating to the sports gaming world, and that’s exactly what this is. I think I speak for everyone when I say he’s got the right to an opinion, lawyer or not. So just because he feels that the stupid lawsuit won’t stand makes him an EA fanboy? What are you 4 years old?
The NFL has the right to sell their license to anyone they want, point blank! Ea didn’t point a freakin gun their heads and forced them to sign a form releasing the rights. They outbid the competition. Since when is that illegal? What makes you think that the idiot who even attempted the class action suit has a remote chance of winning against a major corporation like EA? Fanboy or not both you guys need to show some respect. If you don’t like the material or the opinion of the editor, go find you another site. Simple as that….Call me a fanboy all you want, but I second his opinion. I highly doubt that their case even stands a tiny chance. You disagree? That’s fine, just don’t shoot the messenger just cuz the guy has an opinion.
June 11, 2008 at 1:39 pm
this just makes me realize how much i wish other companies could use the nfl license i am defintely more of an ea guy but i would love for some other football nfl licensed games for competition
June 11, 2008 at 1:42 pm
This Pasta guy sold out to EA long ago and is nothing but a schill who spits out the company line on everything from games to lawsuits, apparently. I wish the guy had some ethics or journalistic integrity in his bones.
If he knew what the Sherman Act is, he’d know that this suit has more than a fighting chance. If the plaintiffs make it past the motion to dismiss stage, EA’s going to have to pay some pretty big bucks to settle or try the thing. Hopefully, EA loses the suit — which means us games would win, while Pasta might have to cover his own airfare/hotel/meals, etc. for the next shindig at EA’s headquarters.
June 11, 2008 at 1:43 pm
Prizefighter dropped… any thoughts? EA-Take Two situation, the Ubi soft situation… You mention tecmo bowl… there has been info on the game, on here? No… Gamebreaker merger w/ NVdia? GTA 4’s sales in the last month (8.5 mil)? Nothing…
But what can I expect from a dude that said Boom Blox was more anticipated than GTA 4 LMAO
Just put “EA presents Pastapadre.com”, cause you are on the payroll dude.
You are not a bias informer Pasta (Payola),
You are a puppet for EA (Enjoy you free copies of games though)
June 11, 2008 at 1:45 pm
In other words Keith…
Delete this post LOL…
The boys over at Madden mania wont like this info LOL
June 11, 2008 at 1:50 pm
This is LOOOONG over due. EA should have been investigated and brought up on charges along time ago. As you stated Pasta, this is pretty much futile, but hopefully this will open up the doors for more lawsuits and hopefully the dismembering of EA as a whole.
June 11, 2008 at 1:56 pm
I’m guessing that the courts will view this as an ‘innocent monopoly’ in regards to the Sherman Act. All companies were eligible to get the rights to making an NFL game, but EA won out, likely in terms of bidding and also what they offered to the NFL versus competitors.
The lawsuit may have had a better chance if it didn’t rely on information from an alternate universe. (Assuming EA would offer cheaper games with competition, assuming a 2K game would be great, etc.) It would have to be 2K (or some other company) with this lawsuit if it was going to have a snowball’s chance in hell. Two upset gamers who are not privy to how this deal went down are not going to win. They would need to prove that some conspiracy or collusion occurred.
June 11, 2008 at 1:59 pm
Hey Judge Wapner made it here! Awesome.
Not that I didn’t expect some of this reaction, but come on have a sense of humor here guys. I’m not saying that having the license be exclusive turned out to be a good thing, it certainly appears it hasn’t. Its just reality though. The reasoning behind the lawsuit deserves to be mocked, though I understand the frustration of people who wish that the license deal had never happened.
As to Prizefighter, I don’t have a copy of the game yet. Plus I’m in the middle of a move and can’t play anything for the next few days. You’ll see I haven’t had anything on Nascar either which also released this week. I plan to get to those games though coming up in the near future.
June 11, 2008 at 2:11 pm
I’d agree that 2K has been doing leagues for a long time (with websites), but they’re greatly flawed. If anything, there should be rants on how terrible their leagues are. With every 2K Sports newly released title, there’s a bug in their league system. from mixed up trades to pitching fatigue issues, 2K’s leagues are a hack.
I hate to say that because I love 2K Sports (pre next-gen).
June 11, 2008 at 2:16 pm
down with EA
June 11, 2008 at 2:36 pm
Wow some of the people here are taking this to the extreme
June 11, 2008 at 2:48 pm
Up with EA…..They provide me a product which I voluntarily pay 60 dollars for which i in turn provides me with something like 500-1000 hours of entertainment.
It’s there product, plain and simple, if they want to license to Coke instead of Pepsi or EA instead all 20 other companies it’s thier business.
June 11, 2008 at 2:57 pm
Pasta you da man can you sign my copy of Madden 09 since you work for EA lol. Man I swear if I didn’t know any better I would swear some of you dudes have a huge man crush on Pasta. Can you tell me what it is that makes him so attractive to you guys because I just don’t see it. I have even meet Pasta in person and hes not that hot lol
June 11, 2008 at 3:21 pm
All the people in the hood call him Mac a roni anyway…
June 11, 2008 at 3:25 pm
Where did all these guys come from? I’ve never seen this much hate in a Pasta thread.
Anyways, got a good laugh out of me. Maybe when they’re done with this they can go after Warner Brothers for having exclusive rights to Batman movies.
June 11, 2008 at 3:38 pm
RUSSELL05 masturbates at night thinking of himself in a 3some with Pasta and John Madden. When he jizzes, he yells, “GOD I LOVE EA AND PASTA!!!”
June 11, 2008 at 5:42 pm
Well first of all. Unless I’m mistaken EA has never launched Madden on the PS2, PS3, XBOX, XBOX 360, GCN or Wii at 29.99 prior to the deal so where did they come up with the price hike?
Madden launches every year at the same price as any other new title on the market. 49.99 for old gen and 59.99 for current gen. That’s the same price as everything else on the market so where’s the price hike? I’m stumped over here.
WHY NO REFS???!!!!
June 11, 2008 at 5:52 pm
I wish a lawsuit could end all the sports games licensing crap, but it never will.
June 11, 2008 at 5:54 pm
Why no refs? because Tiburon doesn’t know how to optimize their code to make it run with refs on the field. They aren’t very talented. That’s why their football games STILL stutter after a play for a split second before you choose your play. And why the players move like robots when they change direction. Their transition animations are horrid! Look at 2k football videos compared to ea football. 2k football moves very fluikd. ea moves like retarded robots.
June 11, 2008 at 6:05 pm
…
June 11, 2008 at 7:22 pm
They release unfinished games!!!
June 11, 2008 at 7:38 pm
Competition is always good. I hope EA loses, regardless of how this year’s EA football titles turn out.
June 11, 2008 at 7:44 pm
“Of course this has no chance of success, as the NFL has the right to use their license however they wish,”
sounds like your taking a dig at the actions take towards this lawsuit. now im not the first one to throw stones at glasshouses because well when EA came through and asked for help well i figured to throw a helping hand cause im a smart consumer anything to make a product better. but lets keep in mind im not dumb either. during my time on maddenmania,operationsports. i have talked to EA personally and dwelled in madden sections and have heard the cries of consumers.
while some (like me are not fast to jump out there to get hurt again) others are. Quality needs to be attained..but to write this off and give it a brush off..(sorry to say pasta) gives these people attacking you lead way to well..get the brunt of the words thrown your way.
now also to be truthfully honest? EA had to come to us and ask us how to make the uniforms and the accurate colors? these things do not add up 2k never had to do that.. somethings up and to pay $90 to $120 no matter what i said in the past and who i help it is not worth the work to pay for a work in progress.
June 11, 2008 at 7:44 pm
Bad news, Keith – a Federal District Court ruled last year that the NFL’s exclusive licenseing agreemant with Reebok (which is similar to it’s deal with EA) does not constitute a violation of antitrust law.
http://www.chicagoiplitigation.com/tags/american-needle/
“Posted on July 24, 2007 by R. David Donoghue
Am. Needle, Inc. v. New Orleans Louisiana Saints, __ F. Supp.2d __, 2007 WL 2042764 (N.D. Ill. Jul. 11, 2007) (Moran, J.).
Judge Moran granted defendants, the NFL, NFL Properties and each of the thirty two teams (collectively the “NFL”) as well as Reebok International, Ltd. (“Reebok”), summary judgment on plaintiff’s Sherman Act antitrust claims, finding that the NFL acts through NFL Properties as a single entity for IP licensing purposes. For more than twenty years, NFL Properties licensed plaintiff to use various trademarks on its headwear. Plaintiff filed this suit after NFL Properties entered an exclusive license with Reebok, ending plaintiff’s license rights. Plaintiff argued that the NFL teams collectively, as well as in concert with Reebok, violated the antitrust laws by acting together through NFL Properties to license their collective intellectual property rights exclusively to Reebok (plaintiff argued that the NFL did not violate antitrust laws when it licensed to numerous parties, including plaintiff, through NFL Properties). But the Court held that licensing coordination between the NFL and its teams was equivalent to coordination between a corporation and its wholly-owned subsidiary. Because the Supreme Court treats corporations and their wholly-owned subsidiaries as single entities, there could be no conspiracy and no antitrust violation.”
Bottom line–these guys have no case.
June 11, 2008 at 8:03 pm
“Wise up Pasta payola, you really showing your EA Sports tighty whitey underwear now…”
Well said. I respected you Pasta until your comments on this particular issue. Looks like you swing right from David Ortiz’s Nuts, right over to Phil Fraziers.
Competition would and will make Madden better, and you frown upon it. Enjoy your twinkling Christmas lights in the crowd this season fanboy.
June 11, 2008 at 8:11 pm
This suit has no merit, a Federal Court ruled last year that a similar exclusive license between the NFL and Reebok does not constitute a violation of antitrust law.
h**p://www.chicagoiplitigation.com/tags/american-needle/
“the Court held that licensing coordination between the NFL and its teams was equivalent to coordination between a corporation and its wholly-owned subsidiary. Because the Supreme Court treats corporations and their wholly-owned subsidiaries as single entities, there could be no conspiracy and no antitrust violation.”
June 11, 2008 at 8:49 pm
Thanks coogrfan, thats the whole point. I’m not sure where people are getting the idea that I stated exclusive licensing is good or where I’m apparently defending EA. But not only doesn’t it have merit, but how they support the claim is laughable.
A class action lawsuit also isn’t concentrated on trying to reverse the licensing, instead what they are basically looking for a monetary payout. Which is why they’ve come in trying to make it seem like prices are higher now. Basically they want everyone who bought Madden to get a $20 check from EA. Stating the lawsuit is ridiculous has nothing to do with supporting or not supporting the idea of exclusive licensing.
June 11, 2008 at 9:00 pm
This isn’t even a case, it’s just people who want attention, anyone can start a class action lawjoke.
Atleast Madden has always been god and playable. MLB 2K8 isn’t even playable after being patched it’s terrible, they can’t handle making a game that is smooth you can’t even look at it. EA should make baseball where is the lawsuit for that. This is FAKE no one is changing what a league has decided to do, get outta here.
June 11, 2008 at 9:55 pm
you guys are missing the ONLY point that makes this whole argument a moot point…THE NFL ACTIVELY WAS SEEKING TO SELL THEIR BRAND AS AN EXCLUSIVE LICENSE…because it saves them time and money…and in the end they actually make more money with the amount that EA threw at them to buy the exclusive license…furthermore…all companies were given the chance to purchase the exclusive license…and EA BID MORE MONEY FOR THE NFL BRAND…if i had a piece of cake that i was selling to the highest bidder and JOE SCHMO was willing to pay more than JOE BLO, would it be legit to criticize JOE SCHMO for eating all of the cake and not allowing JOE BLO to have any? of course not, because all parties had the chance at the cake, but only one was willing to pony up for it…
June 11, 2008 at 11:23 pm
No shot at winning this, they should’ve went with faulty games :-p
June 11, 2008 at 11:44 pm
The point was to make it very obvious that there’s a decently-sized number of consumers unhappy with the Madden product, and to make it obvious to those at EA as well as those in the NFL. They don’t have to win the case, all they’re gunning for is to put doubt in the NFL’s mind that EA is doing a good job with the exclusive license in hopes of having it canceled or left to expire when the contract is up, so that the next Backbreaker, the next APF, the next Tecmo rebirth won’t be stuck with random generation leagues, stadiums, teams & players.
Referees seen only in cutscenes was a respectable step for Tecmo Super Bowl on the SNES in 1993 (and even they had a chain gang on the field!)
Just going by what I personally have purchased and played: SNES Madden games had referees on the field. N64 Madden games had referees on the field. PS2 & Xbox Madden games had referees on the field. Yet we’re led to believe that more processing power on the console + larger storage space for the game = inability to replicate previous game features?
June 12, 2008 at 3:31 am
My god this is ridiculas…..First of all Madden is in the top 5 excuse me top 3 videogames sold yearly which makes it one of the best even with its faults like 99% of the other games( there not many PERFECT games ) Secondly with only one company producing the top sport game theres going to be a lot of disappointed fans because their company just lost its contract. Im sure the NFL and EA expected some sort of backlash but as long as Madden is doing big number do you really think they care about a B.S case?? I don’t..
June 12, 2008 at 3:45 am
BTW Eric we can pick apart hundreds of games with faults or things we dislike…its very rare we get a game thats worthy of a 10 rating. Most games is missing some thing or have glitches and Madden isn’t any different. MLB, Bulletwitch, Vimpire Rain, and the dam game from the History Channel sucked and was unplayable but did anyone fill out a court order??? I guess the next time I buy a game that lackluster Im putting in a lawsuit. http://pix.nofrag.com/d/5/9/bebedfc7d28e9caeb8c0b46cada22.html
June 12, 2008 at 4:56 am
Has anyone thought of the fact that there are millions and millions of people who don’t post on internet message boards that are actually quite fond of the game.
If people didn’t like it, the game wouldn’t sell by the bucket loads each and every year.
You’ll bring up the “exclusive license” and state that it sells because there’s no other option. Well, 2k5 came out at 20 bucks and it still didn’t sell nearly as many copies as Madden that year.
And while 2K5 sold more copies than 2K4, it was mainly because it was a game that released at 20 dollars. I’m not saying it wasn’t a good game, but I play it to this day. I’m just a realist.
The people you see at sports videogame sites bitching about Madden year in and year out are the vocal minority.
June 12, 2008 at 7:40 am
“Prizefighter dropped… any thoughts?”
Yes, not very good. Very poor collision detection, Glad I rented it first.
June 12, 2008 at 5:49 pm
Ufc 09 game info developed by THQ check out the video on youtube
June 12, 2008 at 11:15 pm
I think y’all are missing the point. There’s no reason to attack this gentleman simply because he thinks that the lawsuit won’t go anywhere. It probably won’t. Personally, I believe it would’ve been better for the NFL to allow a joint-ownership of the license between 2K and EA, but 2K didn’t shell out the cash for a single-ownership, let alone this idea that I just made up.
So, it’d be nice if EA didn’t have the exclusive license, but that’s just how things have gone. If one dislikes Madden so much, then one shouldn’t buy it. That’s common sense. But to say EA is just horrible makes no sense, because we all know we like to atleast critique their games.
Anyway, 2K football games and Madden football games are very different, and I enjoy them both. I had 2K5 and Madden 07 for PS2 and when one would frustrate me I’d go to the other one because they were relatively different experiences. Similar to how the makers of Backbreaker want the game to not compete with Madden for an audience and sales, but for it to be a companion game, so to speak.
Of course, I ended up selling Madden 07 with a bunch of my PS2 games(not including 2K5, because I would’ve gotten minimal money for it anyway) to Gamestop and buying Madden 07 for 360, which has got to be among the worst mistakes of my life. That game’s extremely aggravating, but there’s nothing I can do about it now.
But, like the majority of other people here, I posted in EA’s forums about what they should do for the new game, and some things actually got through.
Back to the main point, I appreciate these folk for trying, but the lawsuit won’t get far. EA’s too powerful. It’s sort of scary and kind of sad. Good luck anyway, but it’s not as if I just want Madden to disappear.
June 14, 2008 at 12:19 am
I like Madden 08. So do my friends.