EA, NCAA sued over sports-sim likenesses

By Tom Magrino, GameSpotPosted May 7, 2009 10:30 am PT

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.

That isn't Kristofer O'Dowd throwing a block for Mark Sanchez, if anyone's asking.

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.

123 Comments

  • NoseWeed619

    Posted Oct 9, 2009 4:37 pm PT

    Yay. That's all that I have to say.

  • jeremiah06

    Posted Oct 1, 2009 5:29 pm PT

    @jthvikes

    I'm a gamer, and I like madden and NCAA games, but Sam is right, EA is in the wrong for using the likeness of these college players. Its clearly stated in the NCAA bylaws that the likeness can't be used yet NCAA lets EA put out these games every year. That's said I don't think Sam should get money on behalf of all the other players effect by this law. EA should have to either divide the money evenly between all the other players likeness used, pay the NCAA or donate the money to charity. In any case EA should pay those rules are there to protect the players who can't make any deals or make and money from their talent from others like EA from doing so...

  • lhscouchmonster

    Posted Sep 30, 2009 7:16 pm PT

    all the gamers are thinking about the games. true this is a gamer site, but dont be idiots. if they are using someoens likeness, that person should benefit. there scholarship is not being payed by EA and if the EA money given to the NCAA dries up, college football will not be hurt. a free education is not payment enough. these guys barely get an education while at college anyways.

  • jhawkred

    Posted Sep 30, 2009 4:04 pm PT

    [Part 1 of 3]

    Normally, I don't usually comment on topics. It's usually pretty fun to just watch the verbal chess-match/free-for-all unfold. However, on this point, I feel like I have a little bit of experience, and I'm reasonably sure more than most on this board. Playing four years for a Div 1 program, (a money making one at that) has given me a unique perspective:

    1. NCAA does allow stipends. When on scholarship, student athletes receive a monthly stipend. It's factored based on a number of things (how much the school can afford, whether the SA is on a meal plan or lives on campus, etc.) Generally speaking that is in a range from $200-500 a month, depending on the school (and before you get all googly eyed "OMG they get $, STFU!!" realize that $500 only goes so far when it's meant to cover everything you do, including phone/car/cable bills and other things that a lot of SA don't have the luxury of parents to cover). NOT ALL universities do it, but from my experience, most well known ones do.

  • jhawkred

    Posted Sep 30, 2009 4:02 pm PT

    [Part 2 of 3]

    2. NCAA rules are stacked against the Student Athlete. Every year we met with compliance officers at our university who told us, "don't take money from boosters. They can't buy you lunch, they can't do you any favors, they can't drive you to school. And anyone that has every had anything to do with your school is a booster." Imagine how hard that is, in a college town, where most everyone could be considered a booster, to NEVER have anyone give you a favor/$ (since $ was easy to prove, favors were common). Ask Rick Majerus of Utah, who bought his player dinner after the player's dad died, and then was fined for it, if he thinks the NCAA has a stick up theirs. 3. NCAA is a cash cow! Not a monopoly??? YEAH RIGHT. Name one other amateur league that can sign multi-BILLION dollar contracts with network TV. The argument that Keller is just a disgruntled former athlete that didn't make it is a fair one. But there are thousands more just like him, who, as NCAA's own slogan goes, "will go pro in something other than sports." Yeah, it's "cool" to play the game. It's also cool to make a freaking living. Quite a few of my teammates had families that they were indirectly, and sometimes directly, supporting. Athletics is like having 2 full time jobs, with inflexible hours and bosses that yell at you. The perks are great. But how does that absolve the NCAA to what basically amounts as slave labor. Coaches can make millions, NCAA makes Billions, 99% of SA make nada.

  • jhawkred

    Posted Sep 30, 2009 4:01 pm PT

    [Part 3 of 3]

    There, I'm off my soapbox. All that being said, I still think the NCAA is doing the best it can. It has to uphold the concept that these athletes don't get paid (at least legally paid). Otherwise they're no different than the NBA/NFL/MLB. It's about the integrity of the sport. The solution lies in compensation. If the NCAA is making millions of dollars annually on merchandise rights (jerseys, posters, games, etc.) how does that mesh with the fact that SA can't promote themselves at all? It doesn't.

    Smarter people than I can't come to more agreeable decision than the current one. And anyone that says Keller is just a whining idiot is ignorant of the case. He has a point. Doesn't mean he's going about it in the best way, but it's a debate that's worth having.

    Me... I'm just happy that I'm actually in a couple video games... it gives a whole new meaning to playing with myself haha

  • terpriders

    Posted Jul 15, 2009 8:47 am PT

    goldeneyye basic: you are an idiot. The NCAA cannot allow only money making atheltes to get paid. That is discrimination, and while college had become big business, it is not a monopoly becasue other college leauges exist. This jerk off named Sam Keller should not get a dime because he had free education. Do you know how much a 4 year education costs at a major university? Probably not, judging by your post you most likely have a G.E.D.

  • terpriders

    Posted Jul 15, 2009 8:43 am PT

    is getting it right with EA Locker and making player models look real, this never was steps in and is trying to ruin everything. This guy was a failure on the field and is a failure in life.

  • MarcJL31

    Posted Jun 28, 2009 11:20 am PT

    So because he sucks and is a free agent, he decides to sue to get money. Way to go man. Bet you werent complaining when you were in college and prolly playing the game. It was cool then huh

  • jthvikes

    Posted Jun 23, 2009 6:31 pm PT

    Dear Gamespot users,

    I'm sorry I am a greedy idiot. But, as a washout college quarterback who can't make it to the NFL, I need to make an easy buck. So, even though it will either ruin or eliminate your college football and basketball games, I am trying to sue EA Sports and the NCAA for having my likeness in their games and making me (accurately) suck in those games.

    Sincerely,
    Sam Keller

  • unkosolz

    Posted May 28, 2009 3:33 pm PT

    The greedy bastard is going to make this game suck. Is he mad that his look-a-like sucked in the game? The game uploads names on the roster is true, but the names are random which makes him a liar. Throw out the damn case. You're making a lot of gamers, football and basketball players really angry.

  • knighthawksfan

    Posted May 25, 2009 2:37 am PT

    Sam keller is an dumb ass and I hate that dude for trying to take the names and likeiness of the players of the game out. I mean u might as well make it back the way it was in ncaa football 07 which suck so bad.

  • necronaux

    Posted May 12, 2009 9:45 am PT

    Greedy jerks wasting everyones time, trying to make a fast buck... hmm... wait a minute... my uncle looks a lot like Mario, and he's a plumber! Law Suit!!! Cha-Ching!!!

  • Sparty_On

    Posted May 11, 2009 4:19 pm PT

    Sam Keller is trying to make money thats all he is doing and his lawsuit should be throwin out because it's out right lies I hope Sam is the one coughing up money to EA & NCAA. GoldenEye Basic your dead wrong and it is a frivolous lawsuit that Sam Keller is bringing to court, if I were judge I would throw the case out and make Sam Keller pay for bringing a frivolous lawsuit to court.

  • MasterEman31

    Posted May 11, 2009 2:57 pm PT

    SAm Keller is a f**.

  • gameweasl

    Posted May 11, 2009 6:25 am PT

    This fool must be broke...

  • Whicho17

    Posted May 11, 2009 5:32 am PT

    Goldeneye Basic, you think they should get paid to play a game in college? I'm pretty sure that the 20k+ it costs to go to college for a year, depending on the school, is plenty. They rest of us who don't happen to be talented in a certain sport have to hope for academic scholarships or pay our own way. If thy're smart the will utilize why they are there and not have to worry about the loans that the rest of us have once we get out of school.

    As for the article, I believe that Sam Keller is doing this just because he can. There is no real reason someone should be concerned about this. He saw what the retired NFL players did and thought that was a good idea and he should get paid for being a decent quarterback and EA deciding to put someone who fits his description in the game. He should drop it and get a job versus trying to make a quick buck.

  • Killzone_Master

    Posted May 10, 2009 11:55 pm PT

    wow this is sooo stupid. Sam Keller is retarted..EA better win this case or imma be mad. Hey guys looks like all the stadiums in NCAA that are meant to look like the real thing are probably gonna get banned also, i wouldnt be surprised if this happened as well.

  • goldeneye_basic

    Posted May 10, 2009 10:27 pm PT

    Osceola76, you think they should pay to play on those teams? Maybe pro's should pay to play as well, because it is all just fun they are having right? Maybe anybody that has a job where they learn new things from it or enjoy doing it should pay to do that instead of getting paid. The fact is, we get paid to do jobs because the companies we work for make money from us. That is why companies hire people. The NCAA is a multi-billion dollar organization. You don't think that it should give up a chunk of that change to the ones making them all that money? I'm not saying that they should get millions themselves, but how about a cost of living stipend. Lets say $20K a year cash, and only to the athletes of sports that make money. If the NCAA didn't exist, then there would be another collegiate organization to enhance their skills. If not, then they would all still be on the same playing field entering the pros from high school. The NCAA is a monopoly. Most of these athletes really don't have another choice to play at that level anywhere else. It enforces strict rules on the athletes, but it doesn't follow those same rules itself. Good luck to anyone that wants to go pro without going through the NCAA.

    On another note. This lawsuit really isn't focusing on user created content. It just mentions it but it is not the main point. Why are so many of you acting like it is. According to the article, the game comes from EA with the players likenesses already in it. Thus, the Eugene Jarvis example. Sam Keller really would not have a leg to stand on if it was only user created content that he had a problem with.

  • Beesters

    Posted May 10, 2009 3:27 pm PT

    I also want to state that, if a consumer purchaes a product, and edits the information on a football player, then how can a company be responsible for what an outside source does to their product? Which goes back to the file upload, someone had to maket he roster themselves, so how can EA be responsible of what an outside source does to the product? Lets say they took away the EA Locker, does he not know that there is a thing that you can actually upload files to a memory card and transfer over to your xbox 360 hardware? I have one, but havent used it in a couple of years. Get a life Keller, quit trying to make a name for yourself.

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