STrib: Moses Alipate and wide receiver Victor Keise have joined Ed O'Bannon's lawsuit

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BleedGopher

BleedGopher

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per the STrib:

Gophers tight end Moses Alipate and wide receiver Victor Keise have joined Ed O'Bannon's lawsuit against the NCAA, multiple media outlets are reporting tonight.

Alipate and Keise are among the first six current college football players to join the lawsuit, which is challenging the NCAA's right to use their names and likenesses in video games.

http://www.startribune.com/sports/blogs/216099781.html

Go Gophers!!
 

O'Bannon NCAA Lawsuit - New Gopher Connection

Interesting to hear Kill's thoughts on this. I could see him supporting him with a "that's for others to decide" type response.
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NEW YORK -- Six college football players have been added as plaintiffs to a high-profile lawsuit that claims the NCAA owes billions of dollars to former players for allowing their likenesses to be used without compensation.

The players are: Vanderbilt linebacker Chase Garnham; Clemson cornerback Darius Robinson; linebacker Jake Fischer and kicker Jake Smith from Arizona; and tight end Moses Alipate and wide receiver Victor Keise of Minnesota.

Former UCLA basketball star Ed O'Bannon is the lead plaintiff in the long-running legal battle that could fundamentally alter how the NCAA operates.

A federal judge in Oakland, Calif., on July 5 allowed the attorneys to update their lawsuit to fix legal technicalities, including adding at least one active player to the lawsuit.

The judge is still mulling whether to turn the lawsuit into a class action.
 

Hmmmmm this will be interesting. I kind of see the players point on this one. I bet there will be many more former players jumping on board with this lawsuit.
 

Parski1 said:
Hmmmmm this will be interesting. I kind of see the players point on this one. I bet there will be many more former players jumping on board with this lawsuit.
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I just saw this on ESPN. This is interesting. Good for them. I'd like to see thousands of current players join.
 

Nice! Hope they set new legal standards of personal rights.
 


Interesting indeed. Actually it kinda funny.

A pair of MN Gopher football players that have no business playing D-I football are trying to ride the coat tails of this lawsuit hoping to get paid.

I think I'll try to get my name added as well. I mean I've played as many downs as Alipate has :cool02:
 

Do you think the game might show the players in a negative light? It is possible. It may not portray them as capable players.
 

Don't you have to prove that you've been damaged? Would a jury believe that anyone would have paid them for this?
 

Ha! These guys just wanted to get their names mentioned on SportCenter. Just heard it now.
 



I just saw this on sportscenter, I hope they don't give the U a bad name
 

Eddie O is selling Toyotas just down the street from my house. Must not be all that lucrative these days.
 

badgergopher said:
Don't you have to prove that you've been damaged? Would a jury believe that anyone would have paid them for this?
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It depends, but probably not. We'll see how powerful the NCAA really is with this lawsuit.

However, someone can't take something that is yours and sell it. It doesn't really matter if you could have sold it on your own for any amount of money. Their likeness is really theirs.

For example, if I made a crappy youtube video with little play-do "sculptures" acting on the exact movie of Pacific Rim, the creators of Pacific Rim can't just copy it, make it a million times better and sell it. It's not a defense that my crappy youtube movie was worthless.

Another point, I think they could prove damages. Tons of people buy these college games for the SOLE purpose of playing with their favorite school. With that, a lot of people enjoy playing the "franchise" modes where you get to essentially build a program and eventually play the game with some of the hot shot recruits. It seems silly today, but Moses and Kiese both were guys that Gopher fans could have been excited for (especially Moses). It's part of the appeal of the game (watching the recruits develop and help them in their development).
 

B1GSportsGuy said:
Interesting indeed. Actually it kinda funny.

A pair of MN Gopher football players that have no business playing D-I football are trying to ride the coat tails of this lawsuit hoping to get paid.

I think I'll try to get my name added as well. I mean I've played as many downs as Alipate has :cool02:
Click to expand...

Not in that video game. I'm sure in the history of those games Alipate and Kiese have taken millions and millions of virtual snaps. Those virtual snaps are what were sold. They didn't sell actual game footage.
 



Ogee Oglethorpe said:
Eddie O is selling Toyotas just down the street from my house. Must not be all that lucrative these days.
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It's kind of beside the point. Millionaires made millions of dollars off of Eddie O's likeness. Do you really think someone has to be doing poorly in their own life for wanting a cut of something that is theirs?
 

Bob_Loblaw said:
Not in that video game. I'm sure in the history of those games Alipate and Kiese have taken millions and millions of virtual snaps. Those virtual snaps are what were sold. They didn't sell actual game footage.
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Nahh, Alipate never saw the field in my game either...
 

If the lawsuit is confined to the matter of EA Sports using a kid's likeness to make money, then I'm okay with it. But the kids' comments to the AP, especially those of Arizona kicker Jake Smith, seem to indicate they're after something more.

"For me, it's about the money and the fact that the revenue that's generated is so vast, and the players are essentially the people that drive the engine that is the NCAA," Smith said. "If we didn't exist, there would be no University of Arizona football team. There would be no Alabama Crimson Tide football team. There would be no Florida Gator football team. There would be no Texas A&M football team. Yes, we are a part of the program. I love Arizona and I love my coach, our athletic directors, everybody that's a part of this program are great.

"However, without us, there is no they, if that makes sense."
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If this is really about getting the student-athlete a cut of college sports revenues, then I'm strongly against it. I'm of the mind that a college education is their compensation, and as that's worth a million dollars, it's enough.
 


Bob_Loblaw said:
It depends, but probably not. We'll see how powerful the NCAA really is with this lawsuit.

However, someone can't take something that is yours and sell it. It doesn't really matter if you could have sold it on your own for any amount of money. Their likeness is really theirs.

For example, if I made a crappy youtube video with little play-do "sculptures" acting on the exact movie of Pacific Rim, the creators of Pacific Rim can't just copy it, make it a million times better and sell it. It's not a defense that my crappy youtube movie was worthless.

Another point, I think they could prove damages. Tons of people buy these college games for the SOLE purpose of playing with their favorite school. With that, a lot of people enjoy playing the "franchise" modes where you get to essentially build a program and eventually play the game with some of the hot shot recruits. It seems silly today, but Moses and Kiese both were guys that Gopher fans could have been excited for (especially Moses). It's part of the appeal of the game (watching the recruits develop and help them in their development).
Click to expand...

Let's not get too carried away on the "personal rights" side of the argument. No one would have ever bought a jersey/poster, etc... with the likeness of ANY of these player if not for them playing for a NCAA college football program. All of these players entered into the agreement full well knowing that they would be given the opportunity to play in the college football spotlight and that their only compensation would be the education (according to NCAA rules). As popular as any of these players become, they are all just cogs in the wheel of the university.

It happens all of the time in regular business. Employees are used in company publications and advertisements without any additional compensation. The inventors of the company's million dollar products (with the patent issued in their own personal names) typically only get a plaque, a pat on the back and a push to invent the next big thing. All I am saying is, to not put too much emphasis on the value of each individual players in terms of the marketing power behind a school. It may not be fair, but that is what you agreed upon for the opportunity.
 

Bob, how far can the agreements to broadcast NCAA games, where the likeness of the player is part of the game, transfer to the likes of EA by the NCAA? Isn't that what is being determined here by the suit? Aren't these players saying their likeness can not be transferred to third parties without their consent and fair compensation in so far as any agreement they agree to allow their image to be broadcast may not be granted to just any third party for any purpose?
 


If players like Alipate deserve a cut from EA I'm not sure EA (or anyone else) would be able to make a college football video game. Maybe that is better though since so many people think these players are being taken advantage of...

I don't want to get in an argument with anyone, but between free tuition and almost endless connections that payoff after college, college football and basketball players have it very good. I'm not sure I'll ever be in favor of paying college athletes.
 

If I am a spectator at the games can I join in the suit?
 

What about contributions to GH that increase the notoriety of the individual?

DPO has a big check coming, and Glen. Mason owes Wren some money! :)
 

On a serious note, one way I could see this playing out,

- the NCAA loses
- to proceed, the NCAA will require legislation (think baseball anti-trust exemption) that legalizes their operating model
- the price of the legislation will be a pound of flesh from every special interest that dislikes the NCAA as it exists today

What changes might we see?
Player pay, small school access, bigger tournament, less teams in upper division, rule. changes that favor one region over another (who has the senators?), limits on spending & coaches salaries, player safety changes, changes to governance (add political appointees?)
 

Do NFL players get any compensation for the Madden games?
 

Bob_Loblaw said:
Not in that video game. I'm sure in the history of those games Alipate and Kiese have taken millions and millions of virtual snaps. Those virtual snaps are what were sold. They didn't sell actual game footage.
Click to expand...
I don't totally understand the lawsuit. EA releases the game with the schools, but no college players are in the game when it's released. For example, the Gophers starting QB might be a So. who wears #9, but his name isn't Phil Nelson. Sometimes they look a little like the player, sometimes not at all. PS3 or Xbox users make thousands of edits to the game in order to achieve more realistic rosters.
 


MadtownGopher said:
If players like Alipate deserve a cut from EA I'm not sure EA (or anyone else) would be able to make a college football video game. Maybe that is better though since so many people think these players are being taken advantage of...

I don't want to get in an argument with anyone, but between free tuition and almost endless connections that payoff after college, college football and basketball players have it very good. I'm not sure I'll ever be in favor of paying college athletes.
Click to expand...

I'm with you on this one.

Many college students have full-time or part-time jobs to help pay for their college education. How many of those students make enough to have their 4/5 years of education totally paid for? Tuition, room and board, books etc.. Not to mention tutors and other perks. The players get all this while playing a game they enjoy, and in some cases a springboard to the pros.

If BB and FB players think they should receive additional 'cash or other compensation' because their sport makes money, shouldn't the athletes in non-revenue sports have to return money because their sport loses money?
 

alchemy2u said:
Let's not get too carried away on the "personal rights" side of the argument. No one would have ever bought a jersey/poster, etc... with the likeness of ANY of these player if not for them playing for a NCAA college football program. All of these players entered into the agreement full well knowing that they would be given the opportunity to play in the college football spotlight and that their only compensation would be the education (according to NCAA rules). As popular as any of these players become, they are all just cogs in the wheel of the university.

It happens all of the time in regular business. Employees are used in company publications and advertisements without any additional compensation. The inventors of the company's million dollar products (with the patent issued in their own personal names) typically only get a plaque, a pat on the back and a push to invent the next big thing. All I am saying is, to not put too much emphasis on the value of each individual players in terms of the marketing power behind a school. It may not be fair, but that is what you agreed upon for the opportunity.
Click to expand...

Yes. All of this. Couldn't have said it better myself.

The day that a college athlete is "forced" to play for "free" is the day that this lawsuit has any merit whatsoever.
 

Bob_Loblaw said:
It's kind of beside the point. Millionaires made millions of dollars off of Eddie O's likeness. Do you really think someone has to be doing poorly in their own life for wanting a cut of something that is theirs?
Click to expand...

Ummmm, it was a joke, Bob. Completely unrelated to the matter at hand. His name was mentioned, that it was a funny coincidence that I'd seen him the last couple times I was in Findlay Toyota. It wasn't a knock at all on how he was doing or any lack of success on his part. Don't read too much into it.
 

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