Lawsuit Threatens Future of College Sports Games
by 
Over the last couple days there has been a great deal of talk around a lawsuit filed by former ASU and Nebraska QB Sam Keller. In the class action suit he claims that the NCAA and EA Sports profited off his name as they do all other collegiate football and basketball athletes in games such as NCAA Football and NCAA Basketball. He cites the players in the games as having the same number, representative player ratings, similar builds and accurate hometowns of the actual players.
Of course no one buys these games because of Sam Keller or any individual. Instead college sports are all about the schools. Certainly part of the appeal of playing with Florida is because of Tim Tebow but more so it is about playing as Florida. This is in stark contrast to jerseys that the colleges sell which don’t have names on them but are selling based on the current players who wear them.
The lawsuit isn’t likely to be successful but if it was there would be huge ramifications when it comes to college sports games. Players would have to be completely random and file sharing may be removed. That could potentially make the games not financially viable to even create as demand would drop significantly or at least there would be a decrease in the amount of money invested into them.
There isn’t any reason to worry about this yet as there is a long way to go. But it will be interesting to follow and will definitely have an impact on just how realistic college sports titles can be.
May 9, 2009 at 3:06 pm
wow I am now dumber for reading this post
May 9, 2009 at 11:05 pm
Most people, outside of their favorite team's stars and handful of Heisman candidates, have no clue who college players are,unlike the NFL. It wouldn't make a difference if the Florida QB was a 6'5 black guy from the ghetto who was right handed and had a 90+ rating. What is the issue here? That the characters assimilated in the game have the hometowns and looks of the actual player? Really? Games are that advanced that the characters look like their real life counterparts? Give me a break…you don't think that's frivolous?
Who is paying him for his likeness? I have news for you; nobody is, because they don't have to. You can't infringe "likeness" rights. These kids get a free education from one of the countries top institutions and are given a platform to showcase their talent for the NFL and potential millions. You don't think that's worth anything? In closing, don't come on a message board posturing about intelligence and telling people to get smart when your user name is Smokes for Days. You're not going to be taken seriously. That is all.
May 11, 2009 at 12:48 am
For the record, "likeness" is something that an individual can claim ownership of, and therefore litigate over.
May 11, 2009 at 1:22 am
There're technicalities I'm sure; however, if EA would have been in violation of any kind of likeness protection, they would not have made the game the way they did. They do have lawyers who I'm sure know a little bit more about the law than anyone on here. The litigation isn't even over "likeness" as the game is delivered. If you read the particulars of the case, the lawsuit is aimed at EA's negligence of allowing downloadable rosters. In other words, Pasta misreported the story.
As it relates to the gaming world. There are racing games that don't have licensing, yet you can tell what kind of real life car they are portraying because of startling similarities. There maybe some kind of law protecting likeness, but it's apparent that it's not easily proven or upheld. It would have to be something very egregious. I don’t think that applies to NCAA Football. Eh..for the record.
May 10, 2009 at 1:57 am
WOW…. if i was him i would be ESTATIC to have even the LIKENESS of me in a video game… this guy needs to get his panties out of a bunch….
May 10, 2009 at 1:55 pm
douche
May 10, 2009 at 2:21 pm
Odds are this lawsuit will not fail due to the precedent set by the retired NFL players vs. EA Sports. Realistically all that needs to occur would be to change the numbers, hometowns, heights and weights. This lawsuit can not stop file sharing or roster editors because that's not what the lawsuit is about.
May 10, 2009 at 7:51 pm
keller is a douchebag who is mad because he sucked and he didnt make the draft and that he had sucky ratings in the past games. "a 60 in speed? EA is going to fucking pay!
May 10, 2009 at 8:45 pm
Sam Keller is a douche bag and will catch a TON of heat for this …..if you see him make sure you tell him what a fag he is.
May 10, 2009 at 11:58 pm
Like I said if it was Tim Tebow was on sportscenter arguing this same point, you'd see things different. But when news hits, and it sounds like a little nobody trying to take on the big establishment, many will doubt him, many will diss him, but its the little guy with balls that bring attention to things. Not saying he should get paid or that NCAA 10 should be dropped, Im saying that for years, the NCAA game is treated like the NFL game, but the NFL players association keeps them paid. gimmie a break about getting a college education, in todays economy and job market, that will only get you a place on the job line. What is EA and the NCAA gonna say about this?
To the quick to dismiss everything, loser dudes that troll Pasta's boards while shining his nuts:
Smokez4Dayz is just a name, to say my name wouldn't allow people to take me seriously is silly, many of you smoke all day too, why are your comments anymore valid than mines.
forum responding isn't monitored, so idiots and geniuses alike can leave messages. Im in the heart of NYC, Brooklyn, we tell it and keep it very realistic over here. You don't like me, or my rants, blame Brooklyn.
May 11, 2009 at 12:02 am
most of you guys on here dont get out of your bed until ya mom wakes you, but you all are experts on litigation or the success rates of a civil case. lmao. then you all bash Sam Keller, because it looks funny when you read it back….ooooooh! Mama should've aborted some of you dudes…..hahahahaha
May 11, 2009 at 12:07 am
You're not him, you're a regular man, with no talents, so you don't know what it feels like to have your likeness used to generate millions. You and all the others make millions for EA, but you get to see your likeness in a game? yeah!!!!
why does it have to say what city Im from if its not me?
May 11, 2009 at 12:09 am
exactly. you can still edit your hearts out. its aim at EA creating the players too close to the real kid, they put his damn hometown in the edits, and any editor knows all you need is his hometown, and you can create the guy. But no, thats not his likeness, right? please.
May 12, 2009 at 1:16 am
Sam Keller was from Arizona State first, not our damn fault.
May 12, 2009 at 6:02 am
Sam keller is a biatch! faget fuck….I been playing NCAA for years.
May 14, 2009 at 8:26 am
Hopefully Keller wins, EA drops the contract with college football, and someone else can make a college football game. I hate EA!!!!