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Lazy EA sued for monopolizing the NFL license

post #1 of 39
6/11/08 at 8:15pm
Thread Starter 
Even if it doesn't pan out, here's a class action lawsuit against Electronic Arts that just made my day...

Quote:


Electronic Arts already has antitrust issues on its plate, given that the company is currently seeking federal approval to acquire Take-Two Interactive. Last week that plate got a little more crowded when a pair of gamers in Washington, DC and California filed suit against the publisher in the US District Court of Northern California, alleging "blatantly anticompetitive conduct" in the way that it has cornered the football-gaming genre.

The class-action complaint focuses on Electronic Arts' actions since 2004, when Take-Two Interactive's NFL 2K5 was released at a $19.99 price point and sold more than 2.9 million copies in the US, according to NPD figures. Take-Two's previous football game, ESPN NFL Football, sold fewer than 450,000 copies in the US. Meanwhile, EA dropped the price of its Madden 2005 from $49.95 to $29.95 in response.

"This vigorous competition benefited consumers," according to the suit. "Electronic Arts could have continued to compete by offering a lower price and/or a higher quality product. Instead, Electronic Arts quickly entered into a series of exclusive agreements with the only viable sports football associations in the United States: the National Football League, the Arena Football League, and NCAA Football."

With no Take-Two competitor the following year, the suit notes that Electronic Arts raised the price of Madden 2006 back to $49.95, an increase of nearly 70 percent. The suit also brings up Electronic Arts' attempted acquisition of Take-Two, saying that it "would remove one of the few companies with the ability and expertise to compete in the market for interactive football software" if EA somehow lost its exclusive deals.

The suit does not address Take-Two's bid to reenter the football market with former player licenses but no professional league attached. That game, All-Pro Football 2K8, sold a little more than 275,000 copies at US retailers, according to the NPD Group.

The plaintiffs are asking for restitution and damages for those who purchased an Electronic Arts football game since August of 2005, disgorgement of all profits made as a result of anticompetitive actions, and that the infringing agreements be declared null and void.

A representatives with Electronic Arts said the publisher could not comment on pending legal matters. The plaintiffs had not responded to GameSpot's requests for comment as of press time.
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post #2 of 39
6/11/08 at 8:35pm
Interesting. Don't think it will go anywere. But it would be nice to see other making games as prehapps EA would make a good game rather then charging $60 for a roster update and slightly better graphics
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post #3 of 39
6/11/08 at 9:59pm
I pray to sweet baby-infant-little Jesus all nestled up in his little manger that this amounts to something. I traded in last year's version of madden after a couple of weeks because I could not bear the ultra-realistic fumbling where a fullback fully protecting the ball would fumble if a cheerleader on the sidelines sneezed on him from 15ft away - upwind no less.

Was this ever fixed?

I will rent first his go around, but if EA does not improve the game this year the only football I'll be enjoying in HD is from a broadcast over a cold bear and pizza.
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post #4 of 39
6/11/08 at 10:04pm
I really hope that some other company can break those exclusive license agreements... I think it would really raise the bar for creating NFL football games.

EA is just using marketing tactics to get video game sales, something that should be based more on the quality of game versus exclusive arrangements.
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post #5 of 39
6/11/08 at 11:22pm
My biggest concern with EA purchasing Take Two is NBA 2K8. It's far superior to NBA Live, but what would EA Sports do with the 2K8 team? Would they simply rebrand NBA 2K9 as NBA Live 2009? Or would they force the 2K8 team to find work elsewhere and continue to publish the crappy nba live games that EA Canada keeps making?

By the way... What the heck happened to EA Canada? Back in the mid 90's, they made some amazing hoops games. NBA Live '95 on Super Nintendo was the bomb! NBA Live '96 on Playstation 1 was really cool too. Ever since then though, it seems they haven't really made a decent hoops game.
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post #6 of 39
6/11/08 at 11:37pm
Thread Starter 
Look at how they are dismantling LucasArts... 2K8 would be R.I.P.
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post #7 of 39
6/12/08 at 12:13am
What a waste of the court's time. The real issue isn't EA, it's the NFL for offering EA an exclusive deal and refusing to license the rights to any other developer. This will most likely be chucked out as it's basically challenging the rights of an IP holder to license out thier IP as they see fit. If someone could stop the NFL from exclusive licensing, then you could make the same case for exclusive rights to movies, comic book characters, cartoons and books. I highly doubt that IP law will be set on it's ear because a some people are unhappy about having to play one version of a football video game instead of another.
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post #8 of 39
6/12/08 at 5:11am
Yea sperron, that's why the lawsuit isn't predicated on those grounds. It is being done on the idea that they raised the price after they got exclusivity, which is anti-competitive.

It'll get thrown out, though, for sure.
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post #9 of 39
6/12/08 at 5:30am
After I read the title I thought there was no way they could raise a legit argument, but the way they presented it makes sense at least - even though it will get thrown out.
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post #10 of 39
6/12/08 at 5:57am
Quote:
Originally Posted by wsylvan View Post

I pray to sweet baby-infant-little Jesus all nestled up in his little manger that this amounts to something.

LMAO..

I hear ya brother!
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post #11 of 39
6/12/08 at 6:26am
Great so now they can tack the cost of defending this baseless lawsuit that should be against the NFL (for entering into an exclusive license bidding arrangement) onto the price of madden and NCAA and charge $65 instead of $60.

The NFL decided on exclusivity because they could open bidding and get more for the rights (the same as they did with Sunday Ticket). Since EA had to pay more for the rights, it cost them more to make the game. This added cost is passed on to the consumer and the biggest reason for the higher prices.
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post #12 of 39
6/12/08 at 7:31am
Quote:
Originally Posted by Anthony1 View Post

My biggest concern with EA purchasing Take Two is NBA 2K8. It's far superior to NBA Live, but what would EA Sports do with the 2K8 team? Would they simply rebrand NBA 2K9 as NBA Live 2009? Or would they force the 2K8 team to find work elsewhere and continue to publish the crappy nba live games that EA Canada keeps making?

By the way... What the heck happened to EA Canada? Back in the mid 90's, they made some amazing hoops games. NBA Live '95 on Super Nintendo was the bomb! NBA Live '96 on Playstation 1 was really cool too. Ever since then though, it seems they haven't really made a decent hoops game.

I totally agree with your post. Live 95 and 96 were fantastic. Somewhere along the way the 2k series just stepped it up and Live did not respond. Plus NFL 2k5 was 10x superior to Madden 05 per reviewers and those who preferred more simulation vs arcade. 2ksports just does basketball and football better in most opinions. Obviously I haven't played a football game since 2005 except when I played the Maddens at a friend's/rented and did not like it.
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post #13 of 39
6/12/08 at 7:49am
Hysterical. I love the uninformed.

The NFL made the license exclusive and shopped it around. Unsurprisingly, EA was the highest bidder. But EA wasn't the one that made the license exclusive.

I will wait with bated breath for these same ignorant morons to sue DirecTV (exclusive NFL Sunday Ticket providers), Coors (NFL exclusive beer sponsors), etc. Here's a fun article to read for those who are not rabid Anti-EA fanboys: http://www.azcentral.com/sports/supe...nsors0131.html.
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post #14 of 39
6/12/08 at 7:55am
Quote:
Originally Posted by Doom878 View Post

IPlus NFL 2k5 was 10x superior to Madden 05 per reviewers

According to gamerankings.com:

Madden 2005 Xbox: 89.6%
Madden 2005 GameCube: 89.7%
Madden 2005 PS2: 90.3%

NFL 2k 2005 Xbox: 90.2%
NFL 2k 2005 PS2: 87.6%

Keep smokin' it!
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post #15 of 39
6/12/08 at 7:55am
Quote:
Originally Posted by sperron View Post

What a waste of the court's time. The real issue isn't EA, it's the NFL for offering EA an exclusive deal and refusing to license the rights to any other developer. This will most likely be chucked out as it's basically challenging the rights of an IP holder to license out thier IP as they see fit. If someone could stop the NFL from exclusive licensing, then you could make the same case for exclusive rights to movies, comic book characters, cartoons and books. I highly doubt that IP law will be set on it's ear because a some people are unhappy about having to play one version of a football video game instead of another.

You addressed the real problem and I agree. The NFL would sell the rights to its Mother if it had one.

I hate, hate, hate the fact that you can only subscribe to the NFL season package on DirectTV. It was great 7 years ago.. when DirectTV was the best bang for the buck in town. But now that their service is overpriced, still undependable in bad weather, you have to pay for all equipment and the compression on the video is horrible.. I'd never go back or even recommend them.

I cant understand for the life of me.. why the NFL would lose Billions by not allowing the millions and millions of cable tv, dish network and phone company tv customers to subscribe to the package. They are alienating themselves from all those subscribers.

I can get the NBA, MLB, NHL, and College sports season package all on cable or any other cable tv provider.

I cant get the NFL however unless I sign up with ****** azz directtv again.
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post #16 of 39
6/12/08 at 9:10am
Damn the NFL!

I'm boycotting them.

Err, nevermind, I love it too much.

I wonder if any of the other major sports leagues could even get away with all of the same crap? MAYBE the MLB, but even that is just a maybe IMO.
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post #17 of 39
6/12/08 at 9:17am
Quote:
Originally Posted by Daekwan View Post

You addressed the real problem and I agree. The NFL would sell the rights to its Mother if it had one.

I hate, hate, hate the fact that you can only subscribe to the NFL season package on DirectTV. It was great 7 years ago.. when DirectTV was the best bang for the buck in town. But now that their service is overpriced, still undependable in bad weather, you have to pay for all equipment and the compression on the video is horrible.. I'd never go back or even recommend them.

I cant understand for the life of me.. why the NFL would lose Billions by not allowing the millions and millions of cable tv, dish network and phone company tv customers to subscribe to the package. They are alienating themselves from all those subscribers.

I can get the NBA, MLB, NHL, and College sports season package all on cable or any other cable tv provider.

I cant get the NFL however unless I sign up with ****** azz directtv again.


You must have Fios, because Comcast is much worse and almost no cable company in the country has great PQ.
I've had D* forever, but would consider Fios depending on their HD line-up at the time.
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post #18 of 39
6/12/08 at 9:21am
Quote:
Originally Posted by Abaddon View Post

Hysterical. I love the uninformed.

The NFL made the license exclusive and shopped it around. Unsurprisingly, EA was the highest bidder. But EA wasn't the one that made the license exclusive.

I will wait with bated breath for these same ignorant morons to sue DirecTV (exclusive NFL Sunday Ticket providers), Coors (NFL exclusive beer sponsors), etc. Here's a fun article to read for those who are not rabid Anti-EA fanboys: http://www.azcentral.com/sports/supe...nsors0131.html.

But see, Abaddon, if everyone were informed, joeblow couldn't make a "Lazy EA" thread every 5 minutes, which is pretty much what this forum has sadly become and is why I don't visit as often as I used to.
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post #19 of 39
6/12/08 at 9:44am
Quote:
Originally Posted by E-A-G-L-E-S View Post

You must have Fios, because Comcast is much worse and almost no cable company in the country has great PQ.
I've had D* forever, but would consider Fios depending on their HD line-up at the time.

Actually I have Optimum TV & Online (aka Cablevision). The pricing is very reasonable. I pay about $110 a month for internet and 200 channels of digital cable with HBO/STARZ/ENCORE. All HD programming is free. The do run a fiber network, but its not 100% fiber like FIOS. But the picture quality is great and internet ridiculously fast.

I have had Comcast in the past, about 7 years ago when I lived in MD. And I will admit their pricing/service/equipment was alot less stellar. I was paying $200+ monthly there.. and the cable boxes were slow as hell and seemed outdated. In fact Comcast is what made me switch to DirectTV. I kept Comcast internet, but used DirectTV for my cable channels.

When you look at the current pricing of DirectTV.. versus any of the cable/phone tv providers. Its usually a lost. And I mean a big lost. Most of the providers in my area (Cablevision, Time Warner, Verizon) offer a TV/Internet/Phone package for $99 a month. Thats usually good for a year or two.. and then the prices jump up about 50%. Still $150 for all 3 services is alot less cheaper, faster and better than anything DirectTV can offer. Not to mention the internet is slower and the satellite tv drawbacks.
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post #20 of 39
6/12/08 at 9:52am
Quote:
Originally Posted by instantpop View Post

But see, Abaddon, if everyone were informed, joeblow couldn't make a "Lazy EA" thread every 5 minutes, which is pretty much what this forum has sadly become and is why I don't visit as often as I used to.

To be honest.. I have no complaints with Madden. Especially Madden08. On the 360, it plays great, looks great and does everything I want it to do. I honestly dont have a single complaint.

What I do hate is that there is now a lack of competition. And I can understand why the game hasnt evolved much. To be honest how much more can you do with a football game. Every aspect of football I've seen is there.

About the only thing I can imagine they can add.. is Madden's voice back. After all it is John Madden football. Why am I listening to Marshall Faulk narrorate the game.
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post #21 of 39
6/12/08 at 10:03am
Thread Starter 
Please... just because over the last few months EA has been trying to spread the propaganda that the NFL independently made this decision with no involvement or suggestions from EA themselves doesn't mean the public has to buy that nonsense. It is only after they've been continually ripped over this since 2004 are they now trying to re-write history. Truth be told, it may be the line they are selling these days as a way to insulate themselves from lawsuits like the one they now face.

So I'm to believe that the NFL decided 100% on its own, with EA as a humble, innocent bystander, came up with the idea of seeking an exclusive video game agreement just shortly after EA gets its first taste of serious competition from 2K's NFL 2K5 as described in the suit above? Riiiiiiiiiiiiiiight.

I have no doubt that EA was deeply involved in behind-the-scenes shennanigans from day one once sales for the competitior's game took off for almost 3 million units sold. Like a desperate woman wanting a husband but begs the guy to ask for her hand in marriage to make it look good, I'll bet after approaching the NFL themselves EA asked them to play along with the storyline of EA having no part in the idea at all. It's just ludicrous to consider.

Want another indicator?

Merely one week after Lazy EA screwed over us gamers who want choice with our NFL games, they actively went after an exclusive NBA license as well! Fortunately for us, there were completely rejected:

Quote:


NBA rejects EA's bid for exclusivity, plus more dealings behind the scenes in the sports game arena.

December 20, 2004 - Rumors, rumors everywhere, and everyone is talking about one thing, EA's attempt to take over the world...or at least the world of video games.

Last week, Electronic Arts, the NFL, and Players Inc. sent shockwaves throughout the gaming industry as they announced an unprecedented five-year exclusivity partnership. But it looks like Electronic Arts had even bigger plans as they also had talks about an exclusive arrangement with the NBA. Sources have told me, however, that the NBA has rejected EA's initial offer.

They go hardcore after everything they want and you see in that link that they actively went after the NBA license during that period. So excuse me if I don't buy that line about EA having absolutely nothing to do with getting that NFL license before the formal agreement was signed.


EDIT:

Well ain't the internets awesome... it turns out my suspicions were correct. News story from 2004:

Quote:


Five-year contract gives EA sole rights to the NFL, including teams, players, and stadiums. Take-Two reacts, calling it a "tremendous disservice to the consumers."
.
.
.
The deal, one EA admits to having lobbied for over the past few years, is an exclusive five-year licensing deal granting EA the sole rights to the NFL's teams, stadiums, and players.

So please, let's just stop with the lie that EA had nothing to do with instigating the tragic situation we have today.
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post #22 of 39
6/12/08 at 10:24am
Quote:
Originally Posted by joeblow View Post

So I'm to believe that the NFL decided 100% on its own, with EA as a humble, innocent bystander, came up with the idea of seeking an exclusive video game agreement just shortly after EA gets its first taste of serious competition from 2K's NFL 2K5 as described in the suit above? Riiiiiiiiiiiiiiight.

Without two viable parties to bid against each other, it would have made no sense for the NFL to offer an exclusive license.

If DirecTV didn't exist to bid against cable and Dish, NFLST would be worth a fraction of what it is. If 2K wasn't there, exclusivity wouldn't have been worth anything to EA and wouldn't have netted additional revenue for the NFL.

Exclusivity is only a more viable option if there are multiple bidders (or the threat of such). Once FOX entered the picture for TV rights, things skyrocketed because 4 Networks were bidding on three contracts.

EA lost out to 2K on MLB. Eventually the NBA will realize they can get more money through exclusivity and put theirs out to bid.

Would I prefer non-exclusivity for sports contracts - sure I would. Is this lawsuit silly and frivolous -- of course it is. Who has to pay EA's legal bills -- all of us who buy EA's games. They have to pay for this somehow, Madden has to maintain profitability -- so where do you think the cuts will be made? My guess on Madden development costs.
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post #23 of 39
6/12/08 at 10:32am
joeblow, the government is also run by aliens on Jupiter that have implanted chips in your brain. Those chips are manufactured in a warehouse beneath the Grassy Knoll.

I love that you constantly troll this forum making pointless EA threads. Look, just because EA has the NFL license doesn't mean others can't make a football game. 2K did it with All Pro last year and proved that they haven't really evolved their engine in the least. Lucasarts is going to give it a shot with Backbreaker and we'll see how that pans out.

There are other options out there if you want to play a simulation style football video game. It's like you blame EA for having the good business sense to lock up a viable commodity. God forbid.

And I agree with Daekwan. Madden 09 is looking pretty impressive in my opinion with a vast amount of improvements and new features. But I guess people will always find something to bitch about.
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post #24 of 39
6/12/08 at 10:36am
Quote:
Originally Posted by brad31 View Post

EA lost out to 2K on MLB. Eventually the NBA will realize they can get more money through exclusivity and put theirs out to bid.

Yet you never see any "Lazy 2K" posts around here, do you? I don't think the catch-all term of laziness has ever been more apparent than what the steaming pile of trash MLB 2K8 turned out to be. If I were an XBOX 360 owner I would have been beyond pissed for that being my only MLB option.
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post #25 of 39
6/12/08 at 10:43am
Quote:
Originally Posted by Abaddon View Post

According to gamerankings.com:

Madden 2005 Xbox: 89.6%
Madden 2005 GameCube: 89.7%
Madden 2005 PS2: 90.3%

NFL 2k 2005 Xbox: 90.2%
NFL 2k 2005 PS2: 87.6%

Keep smokin' it!

Keep smokin what? Typical fanboi response.

Re-read the whole sentence instead of cutting a part of it. I said "Plus NFL 2k5 was 10x superior to Madden 05 per reviewers and those who preferred more simulation vs arcade." I didn't say that it scored higher for just anyone that reviewed it. I said that it scored higher for those who prefer a more realistic simulation. Some people including reviewers prefer arcade-type football which is fine for them. My point was that the those who liked a good NFL simulation game got screwed when EA and ESPN did the deal. Ironically, ESPN was the format used in 2k5 including their announcers. Probably didn't look right that the same year it came out they were using Madden 2k5 for the Edge NFL Matchup computer replays.
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post #26 of 39
6/12/08 at 11:07am
Quote:
Originally Posted by Anthony1 View Post

By the way... What the heck happened to EA Canada? Back in the mid 90's, they made some amazing hoops games. NBA Live '95 on Super Nintendo was the bomb! NBA Live '96 on Playstation 1 was really cool t whioo. Ever since then though, it seems they haven't really made a decent hoops game.

They were given the task to close the gap in gameplay between EA's FIFA games and Konami's Winning Eleven series. I think they succeded based on reading reivews from these games latest versions. EA Canada is currently working on FIFA 09, Fight Night Round 4, and Facebreaker IIRC
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post #27 of 39
6/12/08 at 11:12am
Quote:
Originally Posted by instantpop View Post

joeblow, the government is also run by aliens on Jupiter that have implanted chips in your brain. Those chips are manufactured in a warehouse beneath the Grassy Knoll.

I love that you constantly troll this forum making pointless EA threads. Look, just because EA has the NFL license doesn't mean others can't make a football game. 2K did it with All Pro last year and proved that they haven't really evolved their engine in the least. Lucasarts is going to give it a shot with Backbreaker and we'll see how that pans out.

There are other options out there if you want to play a simulation style football video game. It's like you blame EA for having the good business sense to lock up a viable commodity. God forbid.

And I agree with Daekwan. Madden 09 is looking pretty impressive in my opinion with a vast amount of improvements and new features. But I guess people will always find something to bitch about.

This
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post #28 of 39
6/12/08 at 11:53am
Thread Starter 
Quote:
Originally Posted by instantpop View Post

joeblow, the government is also run by aliens on Jupiter that have implanted chips in your brain. Those chips are manufactured in a warehouse beneath the Grassy Knoll.

I love that you constantly troll this forum making pointless EA threads. Look, just because EA has the NFL license doesn't mean others can't make a football game. 2K did it with All Pro last year and proved that they haven't really evolved their engine in the least. Lucasarts is going to give it a shot with Backbreaker and we'll see how that pans out.

There are other options out there if you want to play a simulation style football video game. It's like you blame EA for having the good business sense to lock up a viable commodity. God forbid.

And I agree with Daekwan. Madden 09 is looking pretty impressive in my opinion with a vast amount of improvements and new features. But I guess people will always find something to bitch about.

Don't pretend not to know the key issue people are upset with on this issue... exclusivity of the NFL license, period. I explicitly say that in my posts above, and you can read similar thoughts from thousands and thousands of sport gamers around the web. Throwing up the straw man argument about buying other "simulation style football" games like All Pro has zero to do with our complaints or the complaints described in this lawsuit. It's the rule of WWONG:

We
Want
Other
NFL-licensed
Games

Putting on my objective hat, I'll even admit that Madden '09 looks decent. Who knows? I might even pick it up if gamers say it's pretty good in the end. That still doesn't mean I and many others don't feel that gamers are better served in the long run with having a choice of which NFL licensed game we get to play.
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post #29 of 39
6/12/08 at 12:28pm
Quote:
Originally Posted by joeblow View Post

We
Want
Other
NFL-licensed
Games

Then
tell
the
license
holder

It's up to the NFL and ONLY the NFL to decide how their IP is used. instantpop was merely pointing out that there is no monopoly, or even anything remotely close to it, on football games.
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post #30 of 39
6/12/08 at 1:03pm
I've pointed this out before but even when EA did not have NFL exclusivity and there was competition, Madden was still king. And even when there was competition, ALL football games kept the same engine with minor advancements for 5 years plus. Madden 09 is based on an engine what, 2 yrs old?? Yeah, competition is nice but to me, EA still makes a damn good football game. I think it's trendy to be a EA hater personally.
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