EA Sports vs. the Student-Athlete

If you're a gamer, you've probably already heard about Sam Keller's case against EA Sports. He has created a class action lawsuit pursuing EA Sports and the NCAA for compensation in regards to the NCAA Football and Basketball video games using unmistakably obvious player likeness for profit without compensation. Per the AP:

[Keller is] saying the video-game maker wrongly uses the names and likenesses of athletes and the NCAA sanctions the practice.

Keller's lawsuit was filed Tuesday in federal court in San Francisco as a class-action, suing on behalf of all college athletes depicted in the NCAA Football and NCAA Basketball video games made by EA Sports.

Never mind that Keller is by most accounts a void of talent. How could his point be argued as false? As Michael Cunningham of the Sun-Sentinel points out:

The virtual players have the same height, weight, build, skin tone and biographical information as their real-life counterparts. They are from the same state, in the same class and appear in the same place on the depth chart.

The similarities can go right down to sweatbands, arm sleeves and face visors. This holds true from the biggest stars from power schools down to the relatively anonymous players at mid-majors.

I purchased every version of the EA's college football game series from '98 to '07, and I've logged an embarrassing number of hours at it. I still love it. But it is what it is. EA is clearly marketing the likeness of these players as this Fanhouse article showcases.

The one place where the lawsuit loses me is the idea that EA Sports should require security controls which prohibit the uploading of complete team rosters from third parties or by individual users. I personally have no problem with this sort of post-purchase game modification. When an individual takes the time to manually name his players, it's a labor of love...an homage to his team of choice.

If that modification is being done in mass at the expense of a player not being compensated for the use of their name in a product, then Keller's beef is with the after market roster maker. Not EA Sports. Unfortunately for Keller, the dude making that roster available to you via sketchyrostersforvideogames.com probably has nothing to give you if you sue him.

I wager that this one will end with EA Sports creating a charity / scholarship fund that somehow benefits student athletes.

See Also:
-- Sam Keller is right - FanHouse
-- Another stab at the NCAA - Sports Economist
-- A good but unwinnable point - Topeka Capital-Journal
-- Keller Sparks Debate - Big Red Network

PWD

(Image: I think I made that one last year)