EA Sports should sue the NCAA

[FlabLoser]

Pardon me while I make some assumptions about contracts to which I'm not privy.

The NCAA sold to EA Sports the right to make a college football game. The schools therin and the NCAA worked with EA to include the likenesses of players.

EA got sued and lost (settled) because they included the likeness of player in their game.

I say EA was screwed because they bought the rights to those likenesses from the NCAA. Now if the NCAA didn't rightfully have those likenesses to sell, then EA should sue the hell out of the NCAA.

[BulldogDX55]

Pardon me while I make some assumptions about contracts to which I'm not privy.

The NCAA sold to EA Sports the right to make a college football game. The schools therin and the NCAA worked with EA to include the likenesses of players.

EA got sued and lost (settled) because they included the likeness of player in their game.

I say EA was screwed because they bought the rights to those likenesses from the NCAA. Now if the NCAA didn't rightfully have those likenesses to sell, then EA should sue the hell out of the NCAA.

IANAL, but that might be something they can do. Normally when someone does not have the legal grounds to form and contract but the contract is signed anyway and later found to be fraudulent, the party that was in the wrong has to do everything in its power to return everything to the status quo, which should include covering any legal troubles that the wronged party may have incurred. Can the NCAA be sued though?

[Political Hack]

they lost because the players had names, numbers, teams. All of these attributes, that they bought from the NCAA, led to EA being sued over using players' "likeness."

I know my definition of "likeness" would include the things the NCAA sold, contractually, to EA but it will depend on how "likeness" was defined in the case.

[BulldogDX55]

they lost because the players had names, numbers, teams. All of these attributes, that they bought from the NCAA, led to EA being sued over using players' "likeness."

I know my definition of "likeness" would include the things the NCAA sold, contractually, to EA but it will depend on how "likeness" was defined in the case.

The games actually do not come with names. However, roster modders buy the game at midnight, name every player on every team, and upload their work which takes the millions of other players just seconds to download and install.

[PassInterference]

The players in the game have all the likenesses except for the names. They are the same height, weight, and shape of the players. The athletic performance characteristics are made to match the players. The faces looks similar. They even have the same personal touches like wristbands, eye black, and stuff that the actual players wear.

Funny...the last time I saw the game they hadn't put coaches in the game. Would be cool to make Spurrier throw his visor.