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Two gamers sue EA Sports for unfair NFL monopoly (1 Viewer)

Hey-Zeus

Footballguy
EA Sports has an unfair monopoly on the football game business, so the suit alleges, because they negotiated a sweetheart deal with the NFL Players Association -- essentially making "Madden" the only game on the market to feature real player names. Would you rather play with Brett Favre or QB#4? And as a final kick in the nads -- they jacked up the price, too!

http://www.aolcdn.com/tmz_documents/0611_nfl_ea_wm.pdf

 
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I'd think they'd have to show a financial interest in this wouldn't they?
Without reading the article, or being an anti-trust lawyer, my understanding is that anti-trust lawsuits don't require that because it's essentially a private party enforcing the law as an attorney for a public entity would.
 
Whether the other games suck or not, I don't like the idea that Madden is the only NFL game to choose from.

 
Whether the other games suck or not, I don't like the idea that Madden is the only NFL game to choose from.
:o The whole EA/NFL deal is BS. I hope these guys get somewhere with this.
 
If Madden gets to keep being the only one to use real player names, could the others just add an additional letter to players names and go with that?

aBrandon Marshall

aTony Romo

aBraylon Edwards

aTom Brady

etc., etc.

 
I know with EA NCAA games, you can get all the rosters, why can't they just do that with alternate NFL games.

Not ideal, but I would think that there is a decent amount of playes that would update the rosters online.

 
1 - The suit is a joke

2 - Madden is a joke

3 - EA is a joke

4 - My FF team will probably be a joke :bs:

 
I was never a fan of either pro NFL francise (enjoy college dynasty mode MUCH more) but i hate exclusivity deals in general. They're awful for the industry. I'd argue that the 2K MLB deal is worse, because MVP 2005 on the PC was easily the best baseball game ever (and fully modable) and the sky was the limit for the franchise. 2k baseball has been plagued with game killing bugs and god awful design decisions.

these guys wont win their suit, but i appreciate the effort. I'm sure the execs over at EA are having a nice laugh about it

 
I miss Front Page Sports Football
amen. I have hated Madden (an for the most part EA) from the get-go. They're like the Microsoft of gaming - they suck but are to a large extent the only game in town and so get away w/it. (ironically MS put out a good NFL game back when though)
 
Tatum Bell said:
Hate to break it to people, but having an "unfair monopoly" isn't against the law.
XIt may be legal in this instance, but there is such a concept as anti-trust.
:confused: Nice work redman alias.

Monopolies are legal, but subject to tighter regulation and scrutiny than non-monopolies. If it can be found that the monopoly is abusing its market position in any way they're fair game for lawsuits and should be punished.

 
A lot of gamers a pissed off not so much by the lack of alternatives, as they are the gliches and problems in the Madden game. Attempts to rectify with EA are met with indifferance and often never do get resolved.

I am in that group of consumers. The problems are mostly on the "Next Generation" platforms, the PS3 and the XBOX360.

My Madden08 game couldn't progress past season 4 or so in franchise mode, even after months of EA "fixing" the problems, and releasing patches available ONLY ON-LINE (for a console system?) The patches did NOT solve the problem.

After months of that, I traded my 08 disc at gamestop for an 07 disc....only to have an even bigger problem as every other game froze mid-game....literally. I had heard that 07 had fewer problems, so I figured maybe it was just my (used) disc...so I went and shelled out another 30 bucks for a new 07 disc...only to have 2 out of 3 games freeze.

Researching on the Net showed me that I was but one of many thousands of consumers unable to play the game as advertised. Numerous E-mails with EA have resulted with no "resolution" other then offers to replace my disc after I mail it to them. I've been fighting with them for a complete refund (and getting nowhere).

It isn't the XBOX360...after all, the 10 other games my kids play have ZERO issues, EVER..never freezing or anything else. Now, with 2 failed games in a row, EA is puttting TONS of money into a 20th anniversary game which won't have a franchise mode (long a staple for gamers) without purchasing a SECOND related title, for a total price in excess of $100.

In the end, I'm not sure that anti-trust laws apply since nothing stops companies from making a "football" game, but EA has certainly taken advantage of their exclusive rights agreement to the detriment of the cunsumer...and there is certainly more then enough evidance to justify a lawsuit for "false advertising"

 
Great post Rene. Well said, couldnt agree more. I'm a long time madden player. I couldnt help but feel that EA dropped the ball on NG Madden. I ended up playing both PS2 & PS3 madden. CG was much better game but still crappy online servers .

I wonder what kinda payout the players get 4 the right to their names?

 
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I know with EA NCAA games, you can get all the rosters, why can't they just do that with alternate NFL games.

Not ideal, but I would think that there is a decent amount of playes that would update the rosters online.
That was such a great service. Send $15 and get back a memory card with the full rosters on it. Loved it. That's gotta be illegal though, right?Of course that was when NCAA and Madden didn't suck. I guess it's not really that they suck now, but the lack of competition has brought innovation and creativity to a standstill. Worse yet, the game has become overly complicated and just doesn't really seem like fun anymore. ALL-PRO was on the right track w/ gameplay, too bad it was clipped.

Basically, I'm still paying for the roster updates, but the price has gone up to $59.95. This agreement, although not illegal, has really hurt the consumer. I commend these guys for trying though!

 
The AI/Dynasty mode in Madden 2000 blows away the current game, and it boggles my mind. All they need to do is give the people at Front Office Football a call...

 
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If Madden gets to keep being the only one to use real player names, could the others just add an additional letter to players names and go with that?aBrandon MarshallaTony RomoaBraylon EdwardsaTom Bradyetc., etc.
All that would do is make you sound like Mel Kiper on draft day."This guy is a running back in the mold of a Ronnie Brown, or a Marion Barber, or a ....."
 
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Maybe I'm alone, but I direct my disappointment with the exclusivity deals with EA and DirecTV toward the NFL. The NFL was the one that granted exclusivity in the first place. Given that they're exempt from certain Anti-trust laws, I'm rather disappointed that the government allows them to go selling off exclusive rights contracts that stifle competition in other industries as well. Instead of threatening to investigate them for things like steroids and cheating, they should be threatening to investigate them for all the exclusive deals they're passing around. I'm not a lawyer and don't pretend to be one, so it's probably likely that my logic has absolutely no basis in actual law.

 
Maybe I'm alone, but I direct my disappointment with the exclusivity deals with EA and DirecTV toward the NFL. The NFL was the one that granted exclusivity in the first place. Given that they're exempt from certain Anti-trust laws, I'm rather disappointed that the government allows them to go selling off exclusive rights contracts that stifle competition in other industries as well. Instead of threatening to investigate them for things like steroids and cheating, they should be threatening to investigate them for all the exclusive deals they're passing around. I'm not a lawyer and don't pretend to be one, so it's probably likely that my logic has absolutely no basis in actual law.
The league is trust-exempt, but not EA Sports. I don't know, however, whether that exemption gets extended to EA Sports when they do a deal with the NFL.
 
The AI/Dynasty mode in Madden 2000 blows away the current game, and it boggles my mind. All they need to do is give the people at Front Office Football a call...
The "people" at FOF is one guy, Jim Gindin. And EA worked with him to publish his 3rd game of his series, and it was a huge mess. He basically said he would never work with them again.
 
These people are dumbasses, they're suing the wrong people (well more like they can't sue the NFL, so rather than just not suing anyone they're going after EA).

As much as I love the NFL and hate EA, this exclusive license stuff is the NFL's fault, not EA's. It was the NFL who had the idea, and put their exclusive license up for bid (much like Sunday Ticket on Directv), all EA did was bid on it just like everyone else, their bid was just higher.

Rest assured, if EA didn't have the exclusive license, someone else would.

 
Exclusive deals suck. The 2K Baseball sucks, Madden sucks and the only decent sports game EA even puts out is the FIFA games.

 
Maybe I'm alone, but I direct my disappointment with the exclusivity deals with EA and DirecTV toward the NFL. The NFL was the one that granted exclusivity in the first place. Given that they're exempt from certain Anti-trust laws, I'm rather disappointed that the government allows them to go selling off exclusive rights contracts that stifle competition in other industries as well. Instead of threatening to investigate them for things like steroids and cheating, they should be threatening to investigate them for all the exclusive deals they're passing around. I'm not a lawyer and don't pretend to be one, so it's probably likely that my logic has absolutely no basis in actual law.
I believe you are correct. If I recall correctly, it was the NFL that was selling the exclusive rights and it just so happened that EA was the highest bidder. I don't think EA went looking for the exclusivity.
 
Maybe they didn't originally look for it...but they did (successfully) look to extend it.

In the end, most of us gamers couldn't care less who's fault it is. Some of us really couldn't care less if there is one game or 5 games out there...but what we do care about is that there is at least one GOOD game that actually works, at a fair price. EA got the exclusive rights, but failed to produce a game that works. In that regard, they have failed the consumer, and failed the trust that the NFL placed in them. From that perspective, the NFL should itself be up in arms because of the potential negative backlash, from a consumer outrage standpoint if not a legal one.

It's another example of how our beloved NFL may have gotten too big for it's own good. I doubt the commissioner even realizes the growing swell of discontent with these "exclusive rights" deals that are slowly killing their image.

 
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Considering they sell millions of copy each year because the same people that complain about the franchise can't seem to stop from buying it every single year, I don't think either side is looking at this as a failure. It's about money, not quality.

Only way this will change is for people to stop buying it. Sales go down, they're forced to do something about it.

 
Considering they sell millions of copy each year because the same people that complain about the franchise can't seem to stop from buying it every single year, I don't think either side is looking at this as a failure. It's about money, not quality.Only way this will change is for people to stop buying it. Sales go down, they're forced to do something about it.
True, but the consumer still pays because they don't have what they desire....and CAN be provided. It seems to me that, somehow, there is some legal culpability in this against EA sports, the NFL, or both.
 
2KSports games suck...way to go Madden...
Only a Viking fan...
Not necessarily. Madden games ruled for a long time for good reasons. Even now, the problems exist on the NG (Next generation...PS3 and XBOX360) platforms. The game is still solid on the CG (current generation...PS2 and XBOX) platforms.Oddly, it's that fact (that they are still good on CG) that keeps consumers buying it, hoping that EA has it finally right for the NG platforms.
 
meh don't really care about Madden being the only football game seeing I hated 2k football games. It'd be nice for EA to actually try after Madden 2004 and judging by the 2009 vids they actually did...PS3 version better be 60 fps like the 360 version..total BS that it was 30 last year...first year since 1998 that I didn't buy a football. and lol at the guy suggesting All Pro 2k8...that game was total garbage..although it'd be a bargain these days last I knew it was going for like 11..but that was like 3 months..probably hard to find now.

 
Considering they sell millions of copy each year because the same people that complain about the franchise can't seem to stop from buying it every single year, I don't think either side is looking at this as a failure. It's about money, not quality.Only way this will change is for people to stop buying it. Sales go down, they're forced to do something about it.
True, but the consumer still pays because they don't have what they desire....and CAN be provided. It seems to me that, somehow, there is some legal culpability in this against EA sports, the NFL, or both.
Based on what? That in your subjective opinion the game has gone down in quality? That's not admissable in a court of law. There's no way to prove that "games have gotten worse".And even if there was some way to quantify that subjective opinion, there would STILL be no way to prove that the cause of that was the exclusive license. Plenty of development studios put years and years and countless amounts of effort behind a game and still end up with a lazy game.Sure, the games started going downhill at the same times as they got the license, but relationship does not prove causation. That also happened to be the same time the next-gen systems were released, so EA could just as easily say (again, if it were possible to prove that the games have in fact taken a big step downwards....which it is not) say that they just haven't been able to get a handle on the new consoles. In fact, given that the PS2 versions of Madden haven't gone downhill nearly as much as the next-gen versions, this seems like it would be even EASIER to prove than the license having anything to do with it.
 
After months of that, I traded my 08 disc at gamestop for an 07 disc....only to have an even bigger problem as every other game froze mid-game....literally. I had heard that 07 had fewer problems, so I figured maybe it was just my (used) disc...so I went and shelled out another 30 bucks for a new 07 disc...only to have 2 out of 3 games freeze.
That sucks but I tend to think that is your 360, not the game. I had a freeze up here and there, but hell I played it for months both versions 07 and 08. As for your 360, I would suggest you hang that brick in the power line, I hear so many issues with 360's and I have never had any and I was one of the fools that bought mine the first day it was released. It gets pretty hot (The Brick) and when it is laying down, I think it gets hotter, so I have mine up in the air behind my TV. I liked the various options (With the NFL players included) of football games, so I hate the EA machine having exclusive rights to the NFLPA.
 
I agree that the game is looking good this year. The field and players look better, animations are a little smoother, and PS3 will be at 60 fps. :pickle:

 
Hate to break it to people, but having an "unfair monopoly" isn't against the law.
Yes, it is. Check out the Anti-trust statutes. Even Adam Smith, the theoretical founder of laissez-faire capitalism saw the danger in monopolies and advised government control to stop them.
 
Considering they sell millions of copy each year because the same people that complain about the franchise can't seem to stop from buying it every single year, I don't think either side is looking at this as a failure. It's about money, not quality.Only way this will change is for people to stop buying it. Sales go down, they're forced to do something about it.
True, but the consumer still pays because they don't have what they desire....and CAN be provided. It seems to me that, somehow, there is some legal culpability in this against EA sports, the NFL, or both.
Based on what? That in your subjective opinion the game has gone down in quality? That's not admissable in a court of law. There's no way to prove that "games have gotten worse".And even if there was some way to quantify that subjective opinion, there would STILL be no way to prove that the cause of that was the exclusive license. Plenty of development studios put years and years and countless amounts of effort behind a game and still end up with a lazy game.Sure, the games started going downhill at the same times as they got the license, but relationship does not prove causation. That also happened to be the same time the next-gen systems were released, so EA could just as easily say (again, if it were possible to prove that the games have in fact taken a big step downwards....which it is not) say that they just haven't been able to get a handle on the new consoles. In fact, given that the PS2 versions of Madden haven't gone downhill nearly as much as the next-gen versions, this seems like it would be even EASIER to prove than the license having anything to do with it.
You could show that they have spent less money developing the game post-exclusive license.
 
Considering they sell millions of copy each year because the same people that complain about the franchise can't seem to stop from buying it every single year, I don't think either side is looking at this as a failure. It's about money, not quality.

Only way this will change is for people to stop buying it. Sales go down, they're forced to do something about it.
True, but the consumer still pays because they don't have what they desire....and CAN be provided. It seems to me that, somehow, there is some legal culpability in this against EA sports, the NFL, or both.
Based on what? That in your subjective opinion the game has gone down in quality? That's not admissable in a court of law. There's no way to prove that "games have gotten worse".
As I explained earlier...based on the fact that it does not work as advertised. The 07 had KNOWN flaws causing frequent freeze-ups never fully fixed. The 08 advertises the ability to play "franchise mode" for 30 seasons...but almost a year later NOBODY can play more then 4-5 seasons before the game locks up and will progress no further.I'm not talking about the quality of the game (I actually thought the overall quality fairly good), I'm talking about the ability to function as advertised, and the gross negligance of the company in dealing with the problem.When a consumer product fails to deliver even the simplest of CLEAR promises (like 30 seasons in franchise mode), the company is certainly culpable and guilty of false advertising. Pretty simple, and basic law.

 
Considering they sell millions of copy each year because the same people that complain about the franchise can't seem to stop from buying it every single year, I don't think either side is looking at this as a failure. It's about money, not quality.

Only way this will change is for people to stop buying it. Sales go down, they're forced to do something about it.
True, but the consumer still pays because they don't have what they desire....and CAN be provided. It seems to me that, somehow, there is some legal culpability in this against EA sports, the NFL, or both.
Based on what? That in your subjective opinion the game has gone down in quality? That's not admissable in a court of law. There's no way to prove that "games have gotten worse".
As I explained earlier...based on the fact that it does not work as advertised. The 07 had KNOWN flaws causing frequent freeze-ups never fully fixed. The 08 advertises the ability to play "franchise mode" for 30 seasons...but almost a year later NOBODY can play more then 4-5 seasons before the game locks up and will progress no further.I'm not talking about the quality of the game (I actually thought the overall quality fairly good), I'm talking about the ability to function as advertised, and the gross negligance of the company in dealing with the problem.When a consumer product fails to deliver even the simplest of CLEAR promises (like 30 seasons in franchise mode), the company is certainly culpable and guilty of false advertising. Pretty simple, and basic law.
The EA Madden development team, the nuts and bolts guys, simply need to be let go, some are probably better than others, but it's time for a new crew...
 
meh don't really care about Madden being the only football game seeing I hated 2k football games. It'd be nice for EA to actually try after Madden 2004 and judging by the 2009 vids they actually did...PS3 version better be 60 fps like the 360 version..total BS that it was 30 last year...first year since 1998 that I didn't buy a football. and lol at the guy suggesting All Pro 2k8...that game was total garbage..although it'd be a bargain these days last I knew it was going for like 11..but that was like 3 months..probably hard to find now.
Lack of competition is the reason why EA these days is simply slapping a new number on the box and still selling millions of copies of Madden. I don't care what your view is on 2k, the competition was good because it forced EA to make their games better. They had trouble doing that since 2k was catching up so they just bought the exclusive license. 2k was forced to cut back on development since they couldn't compete without an official license.
 

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