Posted July 29, 2013

EA Sports seeks dismissal from Ed O’Bannon lawsuit

Lawyers for EA Sports want the Ed O'Bannon lawsuit dismissed. (Isaac Brekken, AP)

Lawyers for EA Sports want the Ed O’Bannon lawsuit dismissed. (Isaac Brekken, Associated Press)

Electronic Arts Sports asked a judge to dismiss portions of the Ed O’Bannon plaintiffs’ third amended complaint related to EA prior to the class certification ruling, reports

EA Sports’ lawyers wrote in court documents seeking leave to file a motion to dismiss on Sept. 5, or an earlier time ordered by the court.

EA Sports is a defendant with the NCAA and Collegiate Licensing Company in a suit brought by former and current college players over the use of their names, images and likenesses. Former UCLA basketball star Ed O’Bannon is one of the big names on the lawsuit and the lawsuit is set to go to trial in July of 2014.

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EA wrote that it “should not be forced to continue to litigate this case for another six months (or more), until dispositive motions on liability are briefed and decided, all based on a complaint that fails as a matter of law.” EA argued that addressing the legal sufficiency of the O’Bannon plaintiffs’ claims now would “significantly simplify” the case for the court and the remaining parties.




Ed O'Bannon would settle this lawsuit for a sixer of beer and a turkey sandwich. Career peaked at college and the guy is bitter. Move on Ed. .


@MrArlington ~ Disagree.  EB has a legitimate case, but even more, he wins, it'll be that shockwave throughout the NCAA that they'll need to change how they do business.  

One of the primary reasons, I believe EB's case is a threat to the NCAA's current operation is the little, oft-overlooked language in the LOI's that all student athletes sign.  Without getting into the muck on it - it basically says the NCAA can use a student athlete's image for as long as they want.  If I recall it says something like "... now and forever more."  I could be off on the lingo, but that's the root of it.

What got the NCAA in hot water is that they profit off that likeliness - long after the athlete has left college.  So should the NCAA continue to make money off of a now former student athlete when said student athlete is no longer a "student?"  I don't think so.

To help themselves, the NCAA recently ended the agreement they had with Electronic Arts (EA).  That's not going to save them.

Arrogance is what got the NCAA to this point, and arrogance is what has conference commissioners talking about breaking away from the NCAA.  

The problem for the NCAA is they have to fight this in court. Settling out of court, which at one time was the smarter move, will open Pandora's Box in litigation. 

I for one hope they lose.  The NCAA operates on a 1950 model, ill suited for today's student athletes.


@MrArlington would you like someone to make money off your likeness and not share it with you? His issues are logical, college athletes are raped economically the NCAA, their schools, software makers and most never even get insurance to cover their athletic injuries. Suit has legs.