EA, NCAA sued over sports-sim likenesses
Former Arizona State QB files class-action suit over publisher, organization's "conspiracy" to use college athletes' names, stats in annual football, basketball games.
In November, a group of retired NFL players won a $28.1 million judgment against the National Football League Players Association related to the use of the former pros' names and likenesses in EA's annual Madden football simulation. The group's spokesperson went on to promise further litigation targeted at EA, and if and when that legal complaint materializes, it will join a suit lobbing similar complaints against NCAA Football.
Earlier this week, former Arizona State and University of Nebraska quarterback Sam Keller filed a class-action suit against Electronic Arts, the National Collegiate Athletics Association, and the Collegiate Licensing Company. In his suit, which extends to all relevant student athletes, Keller claims that EA, the NCAA, and the CLC are in cahoots to violate bylaws that prohibit the use of collegiate athletes' names and likenesses in the publisher's NCAA Football and NCAA Basketball sports sims.
"Despite clear prohibitions on the use of student names and likenesses in NCAA bylaws, contracts, and licensing agreements, Electronic Arts utilizes the likenesses of individual student-athletes in its NCAA basketball and football video games to increase sales and profits," reads the suit. "Electronic Arts also intentionally circumvents the prohibitions on utilizing student athletes' names in commercial ventures by allowing gamers to upload entire rosters, which include players' names and other information, directly into the game in a matter of seconds."
Keller's complaint notes that NCAA bylaw 12.5 "specifically prohibits the commercial licensing of an NCAA athlete's 'name, picture, or likeness,'" and that all Division 1 NCAA student athletes must sign a contract acknowledging the rule to be eligible to compete.
However, the suit claims that the NCAA is not honoring these rules and that it continues to sign off on games produced by EA that strive to be as realistic as possible. "With rare exception, virtually every real-life Division I football or basketball player in the NCAA has a corresponding player in Electronic Arts' games with the same jersey number, and virtually identical height, weight, build, and home state. In addition, Electronic Arts matches the player's skin tone, hair color, and often even a player's hair style."
In particular, Keller's suit called out Kent State running back Eugene Jarvis. "Eugene Jarvis, for example, stands a mere 5'5" and weighs only 170 pounds. He is also an African-American red-shirt junior from Pennsylvania who wears number 6 for the Golden Flashes. And although he is extremely talented, Mr. Jarvis is unusually small for a college football player. For these reason, one would expect a randomly generated virtual running back for the Golden Flashes to be somewhat dissimilar to Mr. Jarvis."
The suit goes on to note that Number 6 for the Golden Flashes in NCAA Football 2009 perfectly matches Jarvis' real-life information. Keller's complaint goes on to note several other such occurrences in the game, and the many ways in which those who play EA's game can input specific character traits of real-world players into the NCAA games.
Keller is seeking to block the future use of players' names and likenesses. The suit also seeks monetary damages, the disgorgement of all earnings related to the previous games, as well as the destruction of all infringing games in EA or third parties' possession.
Content you might like…
Users who looked at this article also looked at these content items.
Hot Stories
Newsmakers
-
GameSpot's Best of 2009 - Year in Review
GameSpot's news team looks back at all the high points and low points of the year that was 2009. Full Story
- Posted Dec 17, 2009 5:25 pm PT
-
Tom Clancy's Splinter Cell: Conviction Patrick Redding Interview
We talk to the Ubisoft Montreal game director about the new multiplayer modes in the forthcoming stealth-action game. Full Story
- Posted Dec 18, 2009 8:39 am PT
Featured Stories
-
NPD's top 10 of 2009 (so far) topped by Modern Warfare 2
Xbox 360 edition of Activision's megahit leads US list, followed by Wii Fit, Wii Sports Resort, Mario Kart Wii, Wii Play, Halo 3: ODST, Pokemon Platinum, PS3 MW2, Madden, and New Super Mario Bros. Wii. Full Story
- Posted Dec 15, 2009 2:25 pm PT
- 388 Comments
-
Sony losing $36 per PS3 - Report
iSuppli analysis of redesigned console's innards concludes electronics giant spends $336 making every $299 Slim, the system's lowest loss per unit to date. Full Story
- Posted Dec 15, 2009 12:57 pm PT
- 475 Comments
-
Pokemon's March 14 debut caps Nintendo Q1 lineup
First-quarter release schedule headlined by HeartGold, SoulSilver; Mega Man 10 mobilizing by March; blue, pink Wii Remote due Feb. 14. Full Story
- Posted Dec 14, 2009 12:27 pm PT
- 171 Comments
-
Bethesda publishing Rage
Following id Software acquisition, Zenimax Media buys out EA's rights to release postapocalyptic shooter on Xbox 360, PS3, PC, Mac. Full Story
- Posted Dec 15, 2009 10:52 am PT
- 199 Comments
-
Final Fantasy VIII 'coming soon' to PSN
Sony newsletter indicates Square's classic JRPG headed to PS3's online storefront in the near future. Full Story
- Posted Dec 16, 2009 5:11 pm PT
Related Game
- Electronic Arts
- EA Tiburon
- Football Sim
- Release: Jul 15, 2008
- ESRB: Everyone





123 Comments
Sign in / Sign up