OMAHA, Neb. -- Former Nebraska quarterback Sam Keller is suing EA Sports and the NCAA, 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.
Rob Carey of Phoenix, Keller's attorney, contends EA Sports profits from using the names and likenesses of players. The lawsuit would bar EA Sports from using the names and likenesses and seeks undetermined compensation for athletes who have been portrayed in the video games.
Keller was Nebraska's starting quarterback in 2007. He transferred from Arizona State in 2006.
NCAA bylaws prohibit the use of the names and likenesses of athletes for commercial purposes. NCAA spokesman Bob Williams said in a statement Thursday that the NCAA is confident it will be dismissed from the case.
"Our agreement with EA Sports clearly prohibits the use of names and pictures of current student-athletes in their electronic games," he said. "We are confident that no such use has occurred."
Though names are not visible on player jerseys in the video games, the lawsuit contends EA Sports "intentionally circumvents the prohibitions on utilizing student-athletes' names by allowing gamers to upload entire rosters, which include players' names and other information, directly into the game in a matter of seconds."
A message seeking comment from EA Sports in Redwood City, Calif., was not immediately returned.
The lawsuit said EA contracts with the NCAA's licensing company, Collegiate Licensing Co. of Atlanta, allowing the video-game maker to replicate team logos, uniforms, mascots and stadiums with "almost photographic realism."
Carey says Keller, who lives in Phoenix, is "not interested in getting compensated for himself."
"He just didn't think it appropriate that, given that the NCAA says you can't profit from your likeness ... they do the wink and the nod when EA Sports presents them with the game, which has the likeness of the player," Carey said.
Unfortunately, this lawsuit probably has some merit. It's just unfortunate that one douchebag has decided to sue. In the past, whenever I've read about NCAA players' opinions of the NCAA video games, the kids usually seem really stoked just to be on a video game. I don't know what crawled up Keller's ass, but I think EA should file a counter-suit against him for not coming remotely close to living up to his overinflated ratings on NCAA 08.
Re: Yet another reason to hate Sam Keller...
Posted: Fri May 08, 2009 4:01 pm
by Moby Dick
i doubt he or any other NCAA player who's Likeness has been used in the franchise will get anything out of it.
wasnt it a couple years ago some of the old NFL players from the 60s and 70s were trying to sue the madden franchise for using their likeness in the "greatest team" matchups etc? They didnt get squat that i'm aware of.
Keller=douche bag
Re: Yet another reason to hate Sam Keller...
Posted: Fri May 08, 2009 4:23 pm
by King Crimson
MiketheangrydrunkenCUfan wrote:Sam Keller, who managed the remarkable feat of playing for two of the most annoying programs in CFB, now wants to ruin our fun.
that made me laugh. he was gonna win the Heisman for Callahan and fuel the much-anticipated "breakout year" for Cally....they should have just played Ganz that year.
thing is: if it Matt Leinart or Adrian Peterson suing, maybe.
it's like a poster posted with no lack of sarcasm on a CU board.....I bet a lot of people are buying the game just to "play Sam Keller".
Re: Yet another reason to hate Sam Keller...
Posted: Sat May 09, 2009 3:54 am
by H4ever
It must be a sign of the times in Huskerville when a guy like me gets all giddy before I view a thread in BTPCF that mentions an over-hyped ex-Husker like Keller. Fuck me. KC nailed it when he said Ganz should have started over Keller the whole year. Somebody start a thread about how fast Eric Crouch is and I swear I will rub one out as I read it!
Re: Yet another reason to hate Sam Keller...
Posted: Sat May 09, 2009 4:25 am
by Van
H4ever wrote:Somebody start a thread about how fast Eric Crouch is and I swear I will rub one out as I read it!
Swear to god, if my sig wasn't already kinda full at the moment...
:D
Re: Yet another reason to hate Sam Keller...
Posted: Sat May 09, 2009 4:39 am
by King Crimson
has to be the Frank's best play call out of the Osborne lull them to sleep playbook.
Re: Yet another reason to hate Sam Keller...
Posted: Sat May 09, 2009 4:46 am
by King Crimson
everybody in Memorial Stadium knew OU would throw it to Jackson.
Re: Yet another reason to hate Sam Keller...
Posted: Sat May 09, 2009 5:05 am
by Van
As one handed grabs go, I'm still kinda partial to the fourth clip in this one...
:)
Re: Yet another reason to hate Sam Keller...
Posted: Sat May 09, 2009 5:55 am
by King Crimson
Van wrote:As one handed grabs go, I'm still kinda partial to the fourth clip in this one...
:)
fuck you Van. you guys got 47 points lucky that night.
Re: Yet another reason to hate Sam Keller...
Posted: Sat May 09, 2009 6:20 am
by Van
Say what you want, but m2 is a crack up...
Re: Yet another reason to hate Sam Keller...
Posted: Sat May 09, 2009 7:24 am
by Danimal
King Crimson wrote:
everybody in Memorial Stadium knew OU would throw it to Jackson.
I still say he got away with a Michael Ervin there, but it was a great catch. Jackson was an awesome TE.
As far as Keller goes I'll go with the rationalization that he was a Sun Devil longer than a 'sker. This is the same douche that was out partying at a club after our debacle in Lawrence( a game he missed due to an injured wing) dancing and waving around his allegedly injured wing. Dick.
