Jim Brown Suing EA Madden

Discussion in 'Video Games' started by EcKo151, Aug 3, 2008.

  1. EcKo151

    EcKo151 Active Member

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    http://videogames.yahoo.com/feature/football-great-jim-brown-suing-ea-sony/1234058

    Too much time on your hands.
     
  2. nyjetsrule

    nyjetsrule Active Member

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    more like jim brown has gone broke, and decided that this is an easy way to get some free cash from EA. because sadly you know Brown will win this.

    On a side note, I would be beyond thrilled to have "my likeness" in madden. so what is browns deal here?
     
  3. Tight

    Tight Active Member

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    fortunately for you you answered your own question...
     
  4. akibud

    akibud Active Member

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    Browns deal is simple, no one asked him to use his likeness in the game, simple. The NFL nor EA nor Sony does not own that. So, they need permission. The same way Bill Belichek or Bill Parcells has never appeared in a Madden game, Micheal Jordan back in his playing days never appeared in NBA Live, they have to ask permission, and without it, they are fit to be sued!! Good for you Jim.
     
  5. Docny1975

    Docny1975 New Member

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    If thats the case college players could sue EA for the NCAA game they are using their likeness without permission. Its a number and a uniform. He needs to get over it either get an agent and let them use his name for cash or go do some commericals or whatever if just needs cash.
     
  6. wildthing202

    wildthing202 Active Member

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    Umm has anyone noticed that the lawsuit only mentions Sony but not the other 2?
     
  7. GreenMachine

    Moderator

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    And EA can say it is pure coincidence. BB and BP never were NAMED, however the coaches portraying them looked similar.
     
  8. Scikotic

    Scikotic Banned

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    same thing goes for Barry Bonds in baseball games
     
  9. rillo

    rillo New Member

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    I totally agree with you.
     
  10. rillo

    rillo New Member

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    I think its different for NCAA, there are no names and players don't get paid in college. NFL uses names and numbers
     
  11. brothermoose

    brothermoose Well-Known Member

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    The NFL/Browns own the uniforms and numbers...which are licensed.

    Unless it says "Brown" on the back of the Jersey or the game refers to the character as such, then he's SOL.
     
  12. devilonthetownhallroof

    devilonthetownhallroof 2007 TGG Fantasy Baseball League Champion

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    For the all time teams Madden uses the same thing as college games. For Brown's "character", it lists the name as "RB #32".
     
  13. akibud

    akibud Active Member

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    I guess that makes sense. EA and the NFL has an army of top level lawyers, I guess they would have made sure they were in the clear before moving forward with this. The Browns and the league do own the numbers and the jerseys, Jim might still get something as a parting gift to shut up and go away though.
     
  14. Docny1975

    Docny1975 New Member

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    I think thats all hes looking for. He knows he can't win but is looking for enough people to get pissed and maybe some other old timers to get mad for them to get something. I dont blame him really salaries are totally blown out of proportion compared to his time.
     
  15. JetBlue

    JetBlue Well-Known Member

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    not quite. when they state all-browns team, they are inherently inferring specific players, even if they are unnamed. it is dependent on the likeness of Jim Brown, even if he is unnamed. EA would have to prove it was just a coincidence that the best all time RB of the browns that they used is not Jim Brown but another RB on from the Browns history that just happens to wear his number. they couldn't do so. all you have to do is put a designer or producer on the stand under oath, ask him who that player is supposed to be and who the audience is supposed to think he is, and it is clear that they are using his likeness, just not his name. that's why the issue is his likeness, not his name.
     
  16. devilonthetownhallroof

    devilonthetownhallroof 2007 TGG Fantasy Baseball League Champion

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    In that case, couldn't they just claim it as a parody and get around it that way?
     
  17. JetBlue

    JetBlue Well-Known Member

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    do you think they can prove that they were mocking or poking fun at Jim Brown when there is not a single other aspect of the game that falls into the realm? that would be another huge coincidence.

    obviously, if a court believes that a player's playing attributes are part of their likeness, then when combined with their jersey number and team, it is obvious that EA is clearly using the player's likeness, and benefiting and profiting from it without compensating them. EA I think will have to prove that these historical teams are not based on actual historic players, and when you have hundreds of teams filled with players that mimic actual players whose numbers and attributes are identical to all of these specific players, I don't think they can claim coincidence.

    we all know that is supposed to be Jim Brown, so attempting to say EA is not doing it on purpose to expand the contents of the game is dishonest. they are clearly using the likenesses of these players, just not their names. but as I've said, you don't need a name of a person to use their likeness, those are two entirely different things entirely.

    I hope Jim Brown wins this and EA has to roll out the Brinks truck to these retired players. they deserve it if they are going to be included in the game.
     
  18. nyjcanada

    nyjcanada Active Member

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    why does he care so much
     
  19. JetBlue

    JetBlue Well-Known Member

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    because if they are using his likeness - and profiting from it with the sales of a game that include it - they owe him money. wouldn't you care if a company owed you money? not sure what's confusing you about that.
     

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