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Suit says video games exploit college athletesJul 12, 2009 (The Arizona Daily Star - McClatchy-Tribune Information Services via COMTEX) -- Sam Keller doesn't hate video games. Long before he filed a lawsuit against video-game maker EA Sports and the NCAA, the former quarterback enjoyed playing them. He would be the virtual equivalent of himself, be it at Arizona State or Nebraska. "I thought, 'This is the coolest thing in the world,' " he said. " 'I'm a big shot now.' " It never occurred to Keller that there was anything wrong with similarities between players and their virtual equivalents. Then he met Phoenix lawyer Rob Carey through a mutual friend. Carey, of Hagens Berman Sobol Shapiro LLP, had sued the NCAA before. He thought Keller -- and every college football player -- had a case. The lawyer just needed a former player. Keller filed a class-action lawsuit May 5 against three defendants he and his lawyers believe are at fault for illegally using the likenesses of college athletes -- Electronic Arts Inc., Collegiate Licensing Co. and the NCAA. The suit claims "blatant and unlawful use" of "student-athlete likenesses" in EA Sports video games. CLC -- which handles licensing for about 200 schools -- and the NCAA have gained financially because of the games, the suit alleges. "They've made billions and billions of dollars off these games, off our likenesses," Keller said. In response, the NCAA and EA Sports released identical statements: "EA, the NCAA and CLC have reviewed the complaint, and do not believe that the claims have merit. EA, the NCAA and CLC regularly conduct reviews of the EA's NCAA-branded games, and we do not believe that any violations of student-athlete rights or NCAA bylaws have occurred." Keller said he didn't know enough to be passionate about the issue until meeting Carey. Keller, 24, who will apply to the Phoenix Fire Department next year, studied the law at Carey's insistence. "Now that I'm done and I have a chance to open my eyes, I thought this was a just and factual and necessary case," Keller said. "As a former football player, it made a lot of sense to me." The lawsuit states that "with rare exception," every virtual player has a real-life counterpart that shares the same jersey number, home state, skin tone, hair color and style, height and weight. The suit claims EA Sports even matches players' "idiosyncratic equipment preferences." When Keller transferred to Nebraska, for example, he switched to wearing a visor. The next Nebraska quarterback in the college football video game had one, too. The lawsuit details similarities between the likenesses of nameless college football players and those who reach the NFL. Video-game players can also download rosters -- created by fans -- that place the correct names on the jerseys. The suit claims college basketball games are just as egregious. "We sign this piece of paper to be almost militant in our diligence to honor the university and the NCAA rules," Keller said. "Then you have EA Sports come along and use our likeness and make money off it, and the NCAA turns a blind eye." UA compliance director Bill Morgan said he's wondered for years about video games using player likenesses. "When I first saw what was going on, I thought, 'How the hell are they doing that, and nothing's happening?' " he said. Keller said he doesn't want to put EA Sports out of business. Fans "want to be able to play the game, and they should be allowed to," he said. Both Keller and Carey say the former quarterback won't receive any financial benefits -- beyond what other players would theoretically get -- if they win the class-action suit. "It fits his personality, to kinda take on these kinds of things," Carey said. Keller said he was happy to "represent all the college athletes that are basically being taken advantage of." He said he didn't want to see "another 10 years of ripping off college athletes." The case figures to take years to complete, and Keller anticipates more controversy before then. "Most of the average kids would realize the scrutiny they get for taking on something like this," he said. "If I feel like something's right or wrong, I'll take it on when I believe in it -- whether people like it or not." To see more of The Arizona Daily Star, or to subscribe to the newspaper, go to http://www.azstarnet.com. Copyright (c) 2009, The Arizona Daily Star, Tucson Distributed by McClatchy-Tribune Information Services. For reprints, email [email protected], call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA. |