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Lawsuit alleges EA infringed on sports stadium update patent
White Knuckle IP filed a lawsuit late last week against EA, alleging that the publisher infringed on a patent that focuses on methods for updating sports games based on real-life changes. The suit referred to U.S. Pat. No. 8,529,350, which described methods that record real-world parameters, then store those elements on a server so players can download them to update their games. The patent dates back to October 2002. While the patent is related to another one that deals with updating an athlete's statistics and skills based on real-life performance, the lawsuit focuses on changes to the appearance and attributes of stadiums and venues. The lawsuit specifically targets games in EA Sports' NCAA Football and Tiger Woods PGA Tour series, from NCAA Football 10 and Tiger Woods PGA Tour 10 through the last respective entries, NCAA Football 14 and Tiger Woods PGA Tour 14. According to Patent Arcade, White Knuckle "did not identify any specific feature in its complaint." [Image: EA Sports]
Judge: NCAA's likeness compensation rules violate antitrust laws
U.S. District Judge Claudia Wilken ruled yesterday that NCAA rules prohibiting student athletes from receiving compensation for the use of their images, names and likenesses violates antitrust laws, CBS Sports reported. NCAA rules do not allow colleges to pay athletes when their images are used in a video game series such as EA Sports' NCAA Football games, and Wilken said those rules "unreasonably restrain trade." Wilken is the same judge that ordered settlement talks between the NCAA and Ed O'Bannon in February, after EA agreed to settle its own likeness lawsuits with student athletes to the tune of $40 million in September 2013. EA canceled its next NCAA Football game at that time and began "evaluating [its] plan for the future of the franchise." The publisher later reported an additional $8 million in expected expenses as a result of the lawsuit settlement, which amounted to roughly $1,000 per athlete, per appearance in the games.
EA may pay almost $1,000 per college athlete for sports game settlement
Student athletes whose likenesses were used in EA's NCAA football and basketball games will receive up to $951 for each year they were featured in the games, according to a proposed settlement being put forth for approval by a judge. While EA proposed a $40 million settlement in September 2013 for its ongoing litigation with student athletes over its college sports series stemming back to May 2009, it hasn't been clear how that money would divide among the parties in the lawsuit until now. More than 100,000 current and former college athletes will have the potential to claim part of the settlement, according to CBS Sports. Of those athletes, roughly 7,000 of them are current players, based on estimates from Rob Carey, an attorney for former Nebraska quarterback Sam Keller. EA tacked on an extra $8 million in expenses related to the settlement in its fiscal 2014 financial results in May. Its proposed settlement followed the cancellation of its 2014 college football game, which would have been without the NCAA's logos and marks after the two parted ways in July 2013. [Image: EA Sports]
College football settlement costs EA another $8 million
When EA settled its ongoing litigation with student athletes in September 2013 related to its NCAA Basketball and Football video games, its expenses amounted to $40 million. Now, it is tacking on $8 million more in expected expenses for fiscal 2014, bringing the total to $48 million, according to the company's year-end financial results. EA reported $40 million in settlement expenses as recently as the last fiscal quarter, ending in December. The publisher canceled its 2014 college football video game in September, following the NCAA's decision to not renew its licensing agreement with EA in July. The settlement by EA and the Collegiate Licensing Company led to another lawsuit in November, this one by the NCAA against EA. EA planned to continue working with the CLC to develop college sports games without the use of the NCAA's marks and logos, a non-exclusive agreement that was slated to last three years. The college athlete likeness lawsuits stem back to May 2009. [Image: EA]
Report: EA to pay $40 million in student athlete settlement
Electronic Arts' settlement in the ongoing student athlete lawsuits dating back to 2009, filed yesterday, amounts to a $40 million, The New York Times reports. The settlement was announced after EA Sports GM of American Football Cam Weber revealed that the publisher's 2014 college football game has been canceled. Among the cancellation of next year's game and the re-evaluation of its college football series, Weber said the publisher has "been stuck in the middle of a dispute between the NCAA and student-athletes who seek compensation for playing college football." While there's no word on how the settlement amount will be divided among the class, it will reportedly cost EA $40 million. We've contacted the Lanier Law Firm's attorney on the case and EA for confirmation, and we will update as we learn more.
EA Sports cancels 2014 college football game, is evaluating series' future [Update: EA settles lawsuit]
Electronic Arts has canceled its college football game, originally set to publish in 2014. EA Sports GM of American Football Cam Weber wrote in an EA blog that the publisher is "evaluating our plan for the future of the franchise." The news follows the NCAA's decision to not renew its licensing partnership with EA Sports in July, leading the publisher to move forward in a three-year deal with the Collegiate Licensing Company to create college football games without the NCAA names and marks. EA Sports' last published game in the series was NCAA Football 14. Weber notes that the publisher has "been stuck in the middle of a dispute between the NCAA and student-athletes who seek compensation for playing college football," referencing a string of lawsuits, including that of former Nebraska quarterback Sam Keller that began in May 2009. Weber says that while EA has worked to settle these legal issues, college football conferences such as the SEC, Big Ten and Pac-12 withdrew their support for the upcoming game. "Our decision does not affect our commitment to NCAA Football 14 and the consumers who love playing the game," Weber adds. Update: EA and CLC have settled the aforementioned student athlete likeness lawsuit, according to a press release from The Lanier Law Firm, found after the break. "Based on this settlement and other recent court rulings, EA Sports has agreed to change the way it develops future games featuring NCAA athletes in order to protect the rights to their likenesses," the notice reads. Terms of the settlement will be submitted to the court for approval and does not involve the NCAA, which is still a defendant in the case.
July NPD: NCAA Football and Minecraft lead software, 3DS still on top
The NPD Group has released its report on sales in the physical retail channel of the games industry during the month of July, with both predictable and surprising results. On the predictable side of things, all three segments (Hardware, Software and Accessories) continued their downward year-over-year decline, with total Hardware sales suffering a 34-percent decrease: $99.4 million this year as compared with $150.9 million over the same period in 2012. Despite this industry-wide decline, Nintendo's 3DS saw a 14 percent year-over-year increase in sales as it held its spot as the best-selling piece of hardware for a third month in a row. This is the first time a handheld has topped the market for such a lengthy period since the Nintendo DS' three month streak in the fall/winter of 2010, according to NPD Group analyst Liam Callahan. Meanwhile, the Xbox 360 remained the best-selling home console for the thirty-first month in a row. As per usual, the Accessories segment suffered the least amount of market fluctuation, experiencing only a three percent year-over-year loss and bringing in $133.4 million in sales. Also maintaining the status quo, this segment's stability continues to be attributed to steady sales of digital currency and subscription giftcards.
SEC branding will not be included in future EA college football games [Update: Big Ten, Pac-12 too]
The Southeastern Conference (SEC) announced it will no longer license its trademarks for EA's future college football games. Teams from the SEC won the last seven straight BCS National Championship games in college football, so EA's next college football game will be without the branding of the sport's most successful conference. "Each school makes its own individual decision regarding whether or not to license their trademarks for use in the EA Sports game(s)," the SEC said in a statement to ESPN. "The Southeastern Conference has chosen not to do so moving forward. Neither the SEC, its member universities, nor the NCAA have ever licensed the right to use the name or likeness of any student to EA Sports." The news comes nearly a month after NCAA opted to not renew its partnership with EA, pulling all NCAA marks from future games from the publisher. EA will continue to make college football games without the NCAA through the use of a non-exclusive three-year deal with the Collegiate Licensing Company. At the end of July, the Ninth Circuit Court of Appeals denied an appeal by EA in its ongoing student athlete likeness lawsuit. We've contacted both EA and the CLC for comment, and will update as we learn more. Update: A CLC representative tells Joystiq that "150 collegiate institutions, including SEC schools, have approved renewal of the EA college football license, to begin with the 2015 edition. As with any licensed product, individual schools continue to make their own decisions." Update #2: The Pac-12 and Big Ten conferences are reportedly joining the SEC, and will no longer license their brands to EA. "The Pac-12 Conference has decided not to renew its current licensing agreement with EA Sports that allows the use of Conference trademarks," Pac-12 spokesman Erik Hardenbergh told CBS Sports. "Our member institutions continue to make decisions on their trademarks on a school-by-school basis."
EA and NCAA's appeal rejected in likeness lawsuit
The Ninth Circuit Court of Appeals has rejected an appeal by EA and NCAA that college athletes' likenesses were protected by the First Amendment with regard to the development of EA's college football and basketball games. Just yesterday, EA motioned to dismiss a third amended complaint that added six current NCAA student athletes to certify the class in the lawsuit. The majority opinion held by the court stated that "EA's use of the likenesses of college athletes like Samuel Keller in its video games is not, as a matter of law, protected by the First Amendment." This began with former Nebraska quarterback Samuel Keller filing a class-action lawsuit against EA in May 2009. The suit has since been combined with that of former UCLA basketball player Ed O'Bannon, according to Bloomberg. NCAA opted to not renew its contract with EA for development of the NCAA Football series earlier this month. EA stated that it will move forward in developing college football games with licensing provided by the Collegiate Licensing Company for the next three years on a non-exclusive basis.
Attorney leading lawsuit against EA: NCAA 'ducking its responsibilities'
Steve Berman, managing partner of Hagens Berman, the law firm alleging that NCAA and EA illegally used college athletes' names and likenesses in its NCAA Football series, said "the NCAA's decision to end its long and hugely profitable relationship with EA is tied directly to the pressure our litigation is bringing [to] bear," in a statement to the media. "This announcement makes plain that the NCAA is attempting to mitigate the damage by ducking its responsibilities," Berman said. The lawsuit in question is one of two from Hagens Berman against EA, the other having been settled in July 2012 by EA for $27 million with the requirement that EA not renew its exclusive license with NCAA for five years. NCAA's announcement this week that NCAA Football 14 would be the last game in the series to use the NCAA branding included a note that "given the current business climate and costs of litigation, we determined participating in this game is not in the best interests of the NCAA," pointing to the ongoing legal battle as reasoning for its departure from the partnership. "Our suit illustrates how the cabal between the NCAA and EA has exploited student athletes for years, using their images in video games without compensation," Berman said. "While we are heartened they've stopped the practice, we believe they owe those student athletes a great deal more than their implied promise to stop stealing their images." EA announced that it will continue development on next-gen college football games without the use of NCAA branding. It will do so under a non-exclusive, three-year agreement with the Collegiate Licensing Company beginning on July 1, 2014.
EA holds license for non-exclusive college football games for three years
Earlier this week, the NCAA announced it would no longer provide its name to EA's college sports series of games, but the publisher will continue to work with the Collegiate Licensing Company (CLC), the entity that handles trademark licensing and marketing services for universities. A source familiar with the agreement tells Joystiq that EA's current licensing extension with the CLC is for three years starting on July 1, 2014, and is for a non-exclusive college football game. The source says EA was not going to renew its exclusive contract with the NCAA for at least five years, as stipulated by EA's proposed $27 million lawsuit settlement from July 2012. The lawsuit alleged that EA "violated antitrust and consumer protection laws and overcharged consumers" for its football games due to its use of exclusive licenses with the NFL, NCAA and AFL. NCAA announced this week that it will not renew its contract with EA, and that NCAA Football 14 "will be the last to include the NCAA's name and logo." EA's statement on the matter revealed plans to continue development on a next-gen college football game using licensing provided by CLC. The continued agreement with CLC enables EA to develop games using the branding of college programs across the nation as it did in the NCAA Football series, without the NCAA mark.
NCAA won't renew contract with EA [Update]
The NCAA will not renew its contract with EA, the NCAA announced. The current agreement between EA and NCAA expires in June 2014, but NCAA Football 14 "will be the last to include the NCAA's name and logo." The news comes one year after EA filed a $27 million settlement in a class action lawsuit dating back to 2008, which also stipulated that EA could not renew its current exclusive license with NCAA, but could enter a new, non-exclusive agreement for its college football series. The payout for that lawsuit reportedly stalled in Appeals court this month. "But given the current business climate and costs of litigation, we determined participating in this game is not in the best interests of the NCAA," the NCAA added. "The NCAA has never licensed the use of current student-athlete names, images or likenesses to EA." EA faced another lawsuit dating back to 2009 in which former Nebraska quarterback Samuel Keller alleged that EA adopted the likeness of student athletes for its college football games. A California court denied EA's motion for dismissal of the class-action suit in February 2010, and later in May 2012. The suit was combined with a lawsuit from former UCLA basketball player Ed O'Bannon against the NCAA, who claimed that the NCAA blocked "him and other former college athletes from getting paid for their likenesses in [EA Sports] videogames after they left college," according to Bloomberg. We contacted EA for comment, and will update as we learn more. Update: To clarify, the NCAA announced that it will not renew its contract with EA. We've updated accordingly. Update 2: NPD analyst Liam Callahan tells Joystiq that "NCAA Football sales have been fairly stable over the past few years, with no steady declines. There were, however, fluctuations between growth and declines, which was likely to have been caused by consumers not purchasing every year." Update 3: EA's Andrew Wilson issued a statement, noting that "EA Sports will continue to develop and publish college football games, but we will no longer include the NCAA names and marks." Likewise, the Collegiate Licensing Company told Joystiq that it "continues to have a strong relationship with EA, and in representing our partner institutions anticipates participating in the launch of a new game next year that features the college teams, leagues and authentic innovation fans would expect from these games."
NCAA Football 14 review: In the trenches
Option-style offenses seem to be high-risk, high-reward, if NCAA Football 14 is to be believed. The game offers an entire Spread Option playbook that showcases the 30 option types now in the game. Running a read option offense has become my favorite way to play the game, to the point that I recruited players to my Dynasty team (Syracuse) for their explosive, option-friendly abilities. I also fumble the ball a lot, primarily on triple option and shovel option plays where I have three choices: hand the ball off to a running back, keep it as the quarterback or pitch it to a third player. That third choice may as well be the "turnover option," as defenders converge on my player and initiate a collision so quickly that my quarterback will either fumble the ball or pitch it directly into the defender's hands. I've found these option plays to be boom-or-bust in NCAA 14, much like the entire game. %Gallery-186624%
PS Store update: NCAA Football 14 added, Far Cry 3 reduced to $40
Today the PlayStation Store adds NCAA Football 14, Binary Domain and History Legends of War: Patton to its full-game lineup, alongside five new games for Vita, including Total Recoil and Lego Legends of Chima: Laval's Journey. The Summer Blast sale is still on, flipping over to its second round of discounts today. PlayStation Plus members can grab deeper discounts than standard members on Summer Blast games like Alice: Madness Returns, Just Cause 2, Prince of Persia Classics Trilogy, Silent Hill: Book of Memories and more. For everyone, Far Cry 3 gets a price change today from $60 to $40, with the Ultimate Edition down from $65 to $45.
Accused murderer Aaron Hernandez removed from NCAA 14 and Madden 25
Aaron Hernandez, the New England Patriots tight end charged with murder on June 26, has been removed from Madden 25 and NCAA 14. Players that happen to unlock Hernandez's Ultimate Team card in NCAA 14 by getting a gold medal in the game's Shovel Option drill in the Skills Trainer mode will see the card turn into that of current Kansas City Chiefs quarterback Alex Smith. A future title update will remove Hernandez from the game entirely. EA Sports' statement reads: "We have made a decision to remove Aaron Hernandez from Madden NFL 25 and NCAA Football 14. Because NCAA Football 14 was finalized prior to our decision, Hernandez' image still appears in the Nike Skills Trainer. However, he is not in the game, and anyone who unlocks that particular Nike Skills Trainer reward will receive an Alex Smith Ultimate Team player item instead. The image of Hernandez will be removed via a Title Update in the near future." NCAA 14's Ultimate Team mode, the college football series' version of EA Sports' card-collecting mode seen in many of its games, features thousands of unlockable, real-life athletes. The athletes, many being current NFL players, represent the colleges they attended. In Hernandez's case, his likeness in NCAA 14 was tied to the Florida Gators. He was released by the Patriots on the day he was arraigned, so were he in Madden 25, he would have been a free agent.
NCAA 14 Dynasty mode levels up with coach skills, recruiting changes
NCAA Football 14 will receive some changes this year to Dynasty mode, the series' career mode in which players lead a school's football team to victory. Of the changes, the addition of coach skills stand out, which grant your team's leader and play-caller more nuance in the form of 18 RPG-like abilities that can be upgraded as your dynasty progresses. The abilities range from "Road Warrior," which helps your quarterback succeed on the road against teams, to "Clutch," which encourages your team to play better in high-pressure situations. NCAA 14 will also see a more streamlined athlete recruitment process. Whereas NCAA 13 included a phone call system, the feature's been stripped out entirely in favor of a points system called "Power Recruiting." Players will receive 5,000 points per week and can allocate points how they see fit towards scouting, recruitment and offering scholarship. Like minutes on a cell phone plan, points roll over every week, so players can put off their athlete recruitment process as well and not falter too much. The offseason recruitment phase, in which players receive 10,000 points to play with, has also been rolled into a single stage, making for a faster, likely more stressful experience.
NCAA 14's Ultimate Team mode to include season tournaments, former greats
While we learned in April that NCAA Football 14 will include its own Ultimate Team mode this year, EA Sports announced details on how it will operate today. The mode will include more than 1,400 former college football players at the game's launch, as well as both solo and special head-to-head challenges. Ultimate Team is the long-running mode that spans most of EA Sports' properties, which combines standard on-field gameplay with a card-collecting system for building and managing your team. NCAA 14's version of Ultimate Team will also include a head-to-head season mode, in which players match up against one another with their specially crafted teams in a 10-game season, before entering an end-of-the-season tournament. Players can earn rewards along the way for toppling challenges that increase in difficulty, such as coins for procuring more card packs. The game will receive similar treatment in the mode that other EA Sports games got in the past, with challenges and card collections being added throughout the real-life football season. NCAA 14 is slated to launch July 9 on PS3 and Xbox 360.
NCAA Football 14 to include offline-only Kinect support
While Kinect integration isn't all that new for EA Sports, as both Madden 13 and FIFA 13 included support for the device last year, the Xbox 360 cover art for NCAA Football 14 includes the "Better with Kinect" banner at the top. EA Sports told Joystiq that Kinect support will be for offline play only, and will be "similar to what we've done in Madden, focused on pre-play voice commands."Check out the hi-res versions of the game's box art, which features speedy-looking Michigan quarterback Denard Robinson, in the gallery below. NCAA 14 will sprint to Xbox 360 and PS3 on July 9. %Gallery-186626%
NCAA 14 presentation trailer features White Stripes chant
This trailer for NCAA Football 14 offers a glimpse at the game's new presentation elements, which include post-play celebrations and familiar chants such as the Seven Nation Army chant heard at many college games. NCAA 14 is coming to PS3 and Xbox 360 on July 9.
NCAA 14 to include physics engine, improved running game
NCAA Football 14 will feature the same physics engine seen in Madden 13, the Infinity Engine. EA Tiburon is calling the engine the "Infinity Engine 2" specifically, which certainly drives the point home about its expected improvements. The developer told Polygon that the engine will be tuned to the same level as its upcoming pro football game, Madden 25.NCAA 14 will also include "ball carrier avoidance," which improves the AI of runners so they raise their arms to push off linemen instead of taking an awkward tackle in the backfield due to incidental contact, as seen quite often with the current iteration of the Infinity Engine in Madden 13. EA Tiburon says other physics-based movements will see marked improvement with NCAA 14's Force Impact system. The Force Impact system is expected to lend more realism to the process of moves such as stiff arms, which will now be targeted to specific parts of a defender and carry out all the way to the ground.Other changes to the game include the removal of the sprint button, which is now replaced with a more realistic speed burst when runners hit the hole in the defensive line. Additionally, ball-carriers will be able to use the right stick to regain any balance lost when breaking tackles. The changes to the running game start with better block targeting for offensive line AI, which EA says is a priority for the NCAA 14 team this year. The publisher will also reveal details about the game's own Ultimate Team mode in May, which is new to the NCAA Football series, but a mainstay in EA's other sports franchises.NCAA Football 14 will launch on Xbox 360 and PS3 on July 9, and will feature former Michigan quarterback Denard Robinson on its cover.
