Competition for Madden 08

[Ron Mexico]

EA Sports may have an exclusive contract with the NFL, but Take-Two, creators of NFL 2K5 (a game that many preferred over Madden 05), will once again compete with Madden 08. Even if you still play Madden, this should mean EA will actually try to improve the game this year.

Here's the 2K Sports Press Release (http://www.2ksports.com/media/pressrelease.php?type=6&id=2476).

***EDIT***
Here's a Jan 30th Gamespot.com article/interview (http://www.gamespot.com/ps3/sports/allprofootball2k8/news.html?page=1&sid=6165016&part=rss&tag=gs_previews&subj=6165016)
***

Here's some info from IGN (http://sports.ign.com/articles/750/750189p1.html).

Here's a hilarious auction (http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=8213503379) from someone frustrated at the current state of Madden from EA Sports.

[Clockwork Orange]

If you answered yes to either question, you're new nickname is Matt Millen and your comprehension of competition is about as deep as Millen's comprehension of the NFL draft.

Ha!

[TDmvp]

yea i seen that ... i'll buy it ... iv always loved madden ... but when 2k"insert whatever year it came out on dreamcast " was far better game the years it was made ... end up haven to have both 2ks wont have the broncos But it might have John and be a better game in many ways ...

[Lev Vyvanse]

EA Sports may have an exclusive contract with the NFL, but Take-Two, creators of NFL 2K5 (a game that many preferred over Madden 05), will once again compete with Madden 08. Even if you still play Madden, this should mean EA will actually try to improve the game this year.

Here's the 2K Sports Press Release (http://www.2ksports.com/media/pressrelease.php?type=6&id=2476).

Here's some info from IGN (http://sports.ign.com/articles/750/750189p1.html).

Here's a hilarious auction (http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item=8213503379) from someone frustrated at the current state of Madden from EA Sports.

It is really going to piss me off when 2k puts out a better football game then madden(again) but this time can't use NFL players or teams.

[N.O.Bronco]

yea i heard about this. I am so glad they are gonna come back and i said it before on another board but i will literally buy 10 of these for gifts just to help sales and spite EA and there pisspoor attempt at the recent crap they call football.

i mean an extra ten bucks for the 360 version with LESS features then the old gen one. Buggy gameplay( corners who cant defend anything, try a curl route and watch your QB complete every pass) online that is so laggy its near unplayable most of the time, no presentation at all(something 2k excelled at years ago and EA has more licenses then they did!!!). Then EA charging for the extra stuff in the 360 version that used to some with the game that was 10 to 20 dollars cheaper(ie stadiums)

It really wont be hard to top the crap EA has spewed out since they got the license.

And a personal beg to the NFL please dont renew the contract, please!!!!!!!!!!! remember NFL people, competition brings out the best, so please allow it to happen in your games too.

[-Slap-]

The Sega DreamCast ruled!

[N.O.Bronco]

It is really going to piss me off when 2k puts out a better football game then madden(again) but this time can't use NFL players or teams.

thats why in the interview on gamespot.com they said they are gonna have some unparralled customization and editing, guess what that hints at.

Customizable jerseys, names, stadiums
+
internet connection
+
downloadable rosters and NFL uniforms, logos and names
=
NFL game without the license
=
im gonna be very happy and never touch that filth EA has put out these last couple of years

[yerner]

I have to say the ps3 game looks amazing. starting to feel like every game matters. but the basic features of cooperative play and shifting wide outs is just horrible. game play lept back 7 years. they def. lost there groove. thank god 2k is back. i'll purchase it no matter what.

[Lev Vyvanse]

thats why in the interview on gamespot.com they said they are gonna have some unparralled customization and editing, guess what that hints at.

Customizable jerseys, names, stadiums
+
internet connection
+
downloadable rosters and NFL uniforms, logos and names
=
NFL game without the license
=
im gonna be very happy and never touch that filth EA has put out these last couple of years

On the 360 or ps3 = never going to happen.

[N.O.Bronco]

On the 360 or ps3 = never going to happen.

well if you cant download it, i guess they may have some sort of block, then with the level of custimization hinted at there will always be doing it yourself. Which works fine for me

[N.O.Bronco]

CONCLUSION
For the reasons more fully set forth above, the court finds that the undisputed facts establish
that the players do not have a right of publicity in their names and playing records as used in CBC’s
fantasy games and that CBC has not violated the players’ claimed right of publicity. The court further
finds, alternatively, that even if the players have a claimed right of publicity, the First Amendment
takes precedence over such a right. The court further finds that the undisputed facts establish that
the names and playing records of Major League baseball players as used in CBC’s fantasy games are
not copyrightable and, therefore, federal copyright law does not preempt the players’ claimed right
of publicity. Additionally, the court finds that the no-challenge provision of the 2002 Agreement
between CBC and the Players’ Association and the provision of this Agreement which prohibits CBC
from using players’ names and playing records after the expiration of the Agreement are
unenforceable based on public policy considerations. The court finds, therefore, that declaratory
judgment should issue in CBC’s favor. As such, the court will order the Players’ Association and
Advanced Media to refrain from interfering with CBC’s fantasy games in the manner proscribed by
this court’s decision.
Accordingly,
IT IS HEREBY ORDERED that CBC’s Motions for Summary Judgment are GRANTED;
[Doc. 72, Doc.107]

forgot about this, i guess however they can use the names so this is good news.

[Lev Vyvanse]

well if you cant download it, i guess they may have some sort of block, then with the level of custimization hinted at there will always be doing it yourself. Which works fine for me

All the downloadable content is controlled by M$ and $ony. Good luck editing every team, every player, and their ratings by the time you're finished next years game will be out.

[Lev Vyvanse]

forgot about this, i guess however they can use the names so this is good news.

No they can't.

[Natedog24]

thats why in the interview on gamespot.com they said they are gonna have some unparralled customization and editing, guess what that hints at.

Customizable jerseys, names, stadiums
+
internet connection
+
downloadable rosters and NFL uniforms, logos and names
=
NFL game without the license
=
im gonna be very happy and never touch that filth EA has put out these last couple of years

Bingo

Konami did this to EA in soccer. They had a game (PES/Winning Eleven) with better game play but lacking in pro licensing agreements with much of European soccer. However they just filled their games with TONS of customizing options allowing people to create each teams uniforms and logos and forced EA to get off their lazy @$$es and make major improvements to their soccer game.

If 2k did this then all you would need is the Datel File Transfer thing which allows to to transfer saved data to a memory card from your computer, and then you would probably be able to download all the uniforms, rosters and stuff off the internet as soon as people in the community took the time to do it. This is great, I am thrilled to see 2k Football back in business.

[N.O.Bronco]

All the downloadable content is controlled by M$ and $ony. Good luck editing every team, every player, and their ratings by the time you're finished next years game will be out.

like i just said there are no restrictions on names and stats, so thats taken care of. stadiums can also be done without a license, so really its only a matter of logos and jersey colors. and its not unfeasible to get a usb memory card, download the data from your computer and plug it into your xbox 360, its how people have been updating the rosters from nfl 2k5 for the last few years. I cant imagine there is a lock on it, in fact i know theres not on ps3 and have heard nothing of the sort from 360.


and yes they can


CONCLUSION
For the reasons more fully set forth above, the court finds that the undisputed facts establish
that the players do not have a right of publicity in their names and playing records as used in CBC’s
fantasy games and that CBC has not violated the players’ claimed right of publicity. The court further
finds, alternatively, that even if the players have a claimed right of publicity, the First Amendment
takes precedence over such a right. The court further finds that the undisputed facts establish that
the names and playing records of Major League baseball players as used in CBC’s fantasy games are
not copyrightable and, therefore, federal copyright law does not preempt the players’ claimed right
of publicity. Additionally, the court finds that the no-challenge provision of the 2002 Agreement
between CBC and the Players’ Association and the provision of this Agreement which prohibits CBC
from using players’ names and playing records after the expiration of the Agreement are
unenforceable based on public policy considerations. The court finds, therefore, that declaratory
judgment should issue in CBC’s favor. As such, the court will order the Players’ Association and
Advanced Media to refrain from interfering with CBC’s fantasy games in the manner proscribed by
this court’s decision.
Accordingly,
IT IS HEREBY ORDERED that CBC’s Motions for Summary Judgment are GRANTED;
[Doc. 72, Doc.107]


that was a court order and it encompasses not just Baseball but football and any other sport as well. Go check any gaming forum there was a huge deal about it.

[Lev Vyvanse]

like i just said there are no restrictions on names and stats, so thats taken care of. stadiums can also be done without a license, so really its only a matter of logos and jersey colors. and its not unfeasible to get a usb memory card, download the data from your computer and plug it into your xbox 360, its how people have been updating the rosters from nfl 2k5 for the last few years. I cant imagine there is a lock on it, in fact i know theres not on ps3 and have heard nothing of the sort from 360.


and yes they can


CONCLUSION
For the reasons more fully set forth above, the court finds that the undisputed facts establish
that the players do not have a right of publicity in their names and playing records as used in CBC’s
fantasy games and that CBC has not violated the players’ claimed right of publicity. The court further
finds, alternatively, that even if the players have a claimed right of publicity, the First Amendment
takes precedence over such a right. The court further finds that the undisputed facts establish that
the names and playing records of Major League baseball players as used in CBC’s fantasy games are
not copyrightable and, therefore, federal copyright law does not preempt the players’ claimed right
of publicity. Additionally, the court finds that the no-challenge provision of the 2002 Agreement
between CBC and the Players’ Association and the provision of this Agreement which prohibits CBC
from using players’ names and playing records after the expiration of the Agreement are
unenforceable based on public policy considerations. The court finds, therefore, that declaratory
judgment should issue in CBC’s favor. As such, the court will order the Players’ Association and
Advanced Media to refrain from interfering with CBC’s fantasy games in the manner proscribed by
this court’s decision.
Accordingly,
IT IS HEREBY ORDERED that CBC’s Motions for Summary Judgment are GRANTED;
[Doc. 72, Doc.107]


that was a court order and it encompasses not just Baseball but football and any other sport as well. Go check any gaming forum there was a huge deal about it.

The order you are talking about has to do with fantasy football. You absolutely can't use a likeness of a player, his stats, and his name to make a game without the NLFPA's permission(current player) or a contract with retired player.

[N.O.Bronco]

The order you are talking about has to do with fantasy football. You absolutely can't use a likeness of a player, his stats, and his name to make a game without the NLFPA's permission(current player) or a contract with retired player.

per a lawyer from a game forum

The NFLPA has no 'jurisdiction' . . . the federal courts do. And as pointed out above . . . the fed courts say that player names & stats are not copyrightable, since they are both considered public domain.

Here are things that APF 2K8 probaby can't use: likenesses/photos of players, real NFL team names, the mark 'NFL' anywhere (except there will likely be a little sentence on the box that says 'This game is not endorsed or licensed by the NFL or the NFL PA.').

I haven't fully looked into stadiums, but I doubt they can really be protected. And even if they can be protected, the NFL/EA don't have the rights. The cities actually own the stadiums.


you can use any players stats and names is my understandin. The same outcome if brought to court would now doubt apply ere too, if EA tried to sue, every reason they said that allowed the fantasy league to do it, would also allow 2K to do it, first amendment, public domain and so forth. Even if somehow they dont get to do it it doesnt stop anyone from downloading to a memory card and inserting into the system ala NFL 2k5.

[Lev Vyvanse]

per a lawyer from a game forum



you can use any players stats and names is my understandin.

Hmm, so you think I could start a John Elway car dealership in Denver?

[Casper Bronco]

Awesome! I loved 2K Football.

[N.O.Bronco]

Hmm, so you think I could start a John Elway car dealership in Denver?

here is the full report
http://www.cdmsports.com/CDM_vs_MLBAM_opinion.pdf#search=%22CBC%20Distribut ion%20and%20Marketing%20in%20the%20company's%20dec laratory%20judgment%20action%20against%20Major%20L eague%20Baseball%20Advanced%20Media%20and%20Major% 20League%20Baseball%20Players'%20Association.%22
if you are gonna use his likeness probably not. From my interpretation when the stats are used and the names in fantasy and other endeavors such as this they do not infringe on an athletes ability to make a living under that which his job title entails for him

another quote

This court has also noted above that Major League baseball players make a living from playing
baseball and from endorsements; that they are well compensated for these endeavors; but that CBC’s
use of players’ names and records in its fantasy games does not go to the heart of the players’ ability
to earn a living. As such, balancing the interests in the matter under
consideration in favor of CBC would have little impact on either the players’ ability to earn a living
or on their incentive for achievement. The court, therefore, finds that in the circumstances of this case “the strong federal policy
favoring the full and free use of ideas in the public domain” as manifested in the laws of intellectual
property prevails over the challenged contractual provisions in the 2002 Agreement. See M & M
Produce, 335 F.3d at 137. As such, the court further finds that the no-challenge provision in the 2002
Agreement39 and the provision which prohibits CBC from using players’ names and/or playing records
without acquiring a license are unenforceable and void as a matter of public policy.

basically there saying since while they are athletes its not infringing on there ability to earn a living and the first amendment gives them and anyone the freedon to use there names and stats. So in the case of Elway who is retired and not a current athlete im not sure how that would apply. Look it up.

really though this argument has been hashed an rehashed on every board ive been on since December when the rumour of this game started and before that when this case came out. And everything ive seen and every argument ive read points to the game companies being able to use any active nfl players names and stats in there game. Trust me ive been waiting for 2K for a long time

[Goobzilla]

Welcome back 2K Football!

[Lev Vyvanse]

Alright I'm done. Fantasy football is different then putting out a football game which has a likeness of every player involved(accurate or not) And if your lawyer thinks I can produce a "Champ Bailey Football 2008" without Champs permission you should fire his ass right now.

[N.O.Bronco]

Alright I'm done. Fantasy football is different then putting out a football game which has a likeness of every player involved(accurate or not) And if your lawyer thinks I can produce a "Champ Bailey Football 2008" without Champs permission you should fire his ass right now.

wow you really arent getting anything that document says are you?