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May 7, 2009
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Former QB Files Class-Action Suit Against EA, NCAA Over Images

Keller Alleges NCAA Athletes' Images Used
In Video Games Without Their Permission
Former college football QB Sam Keller yesterday filed a class-action lawsuit in Federal Court in Oakland against Electronic Arts (EA) and the NCAA, alleging that college "athletes' images are used in video games without their permission and in violation of NCAA rules," according to Gullo & Levinson of BLOOMBERG NEWS. Keller claims that EA "circumvents the rules by allowing customers to upload player names directly into games and creating images that closely resemble student athletes to increase sales and ... royalties." Keller seeks to represent all players featured in EA's "NCAA Football" and "NCAA Basketball" videogames. NCAA Associate Dir of Public & Media Relations Stacey Osburn: "Our agreement with EA Sports clearly prohibits the use of names and pictures of current student-athletes in their electronic games. We are confident that no such use has occurred and that we will ultimately be dismissed from this lawsuit" (BLOOMBERG NEWS, 5/6). In Orlando, Matt Murschel notes while this "isn't the first time that the NCAA has been questioned about making money off of college athletics," the suit is "one of the first involving a video game" (ORLANDOSENTINEL.com, 5/7). CNBC.com's Darren Rovell wrote, "Considering the suit is a class action lawsuit, it should be interesting to see how many join Keller, who is asking for profits owed and even seizure and destruction of all copies of any of these video games" (CNBC.com, 5/6). Rovell also said, "I have a suspicion that this is not Sam Keller behind this. I think that there’s been people looking for an athlete and Sam is just part of it” (“The Pulse with Doug Gottlieb,” ESPN Radio, 5/6).

VALID POINT: FIRSTCUTS' Chris Littmann wrote given the TV deals "from NCAA-wide to conference-wide levels, not to mention apparel deals and exorbitant coaching deals, it's ridiculous there isn't at least an increased stipend" for athletes. Littmann: "If you're going to create a bunch of likenesses, let games do all the work and input names, and [then] magically have the announcers able to perfectly pronounce all these names, how are you not exactly using college players?" (SPORTINGNEWS.com, 5/6).


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