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EA Sports Settles Its Lawsuit, NCAA Must Fight Alone — And the Video Game Will be No More
(image source al.com)
While the Electronics Arts Sports and Collegiate Licensing Company have settled all the claims brought by Sam Keller and Ed O’Bannon in their use of college athlete’s names and images in their video games – pretty much throwing up their hands and saying they won’t make the popular games any more – the nightmare is just beginning for the National Collegiate Athletic Association.
Over 100,000 athletes will be eligible for compensation said Rob Carey, who is attorney for Sam Keller, former Nebraska and Arizona State Quarterback. As AL.com reported, he said “this is a big day and it’s nice to get one big piece of it resolved. It’s like you’re already in Vegas and still gambling because we still have the NCAA portion of the case that I think everybody on our team likes better than EA because of the hypocrisy.”
As they are still going to take on the NCAA over the matter, that group isn’t going down with out a fight, but said they would take it to the Supreme Court if necessary.
“This is profoundly disappointing to the people who make this game as I expect it will be for millions who enjoy playing it each year,” said Cam Weber, the general manager of American football for EA sports. They claim they were “stuck in the middle” between the NCAA and the college players who wanted a slice. “Just like companies that broadcast college games and those that provide equipment and apparel, we follow rules that are set by the NCAA – but those rules are being challenged by some student-athletes.”
The NCAA could still be hit, as they looked the other way when the game asked to use player’s likenesses and in return were given four times higher royalty payments than they should have.
“We’re prepared to take this all the way to the Supreme Court if we have to,” said NCAA chief legal officer Donald Remy to USA today. “We are not prepared to compromise the case.” They have therefore hired former U.S. solicitor Seth Waxman for the appeals work, and retain Munger, Tolles and Olson for trial work.