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EA Claims It Was Following NCAA Rules In Class Action Dismissal Request
The saga of current and former college athletes' attempt at recompense from the NCAA, the Collegiate Licensing Corporation, and EA has a new wrinkle. EA and the CLC are attempting to extricate themselves from the matter by claiming that they simply followed the NCAA's rules and acted in the scope of their licensing agreement.
If successful, EA and the CLC will be removed from the suit before the group of athletes even has a chance to be certified as a class. The maneuver asks the court to examine whether or not the plaintiffs' case has legal merit. The NCAA recently announced it would not renew EA's license and has essentially removed itself from the video game business.
EA has a hearing scheduled for September 5, which will likely delay the certification process.
[Source: Oakland District Court (1), (2) via Joystiq, Pastapadre]
Our Take
It seems that EA's success or failure is dependent on the court's interpretation of how the publisher lobbied the NCAA to use names and likenesses. If EA is deemed to have been working within the confines of the NCAA rules, then there is a good chance that its involvement in the case will end. However, if the court finds that EA's request is outside the scope of the agreement, the publisher's participation may stand. Regardless, I believe these students are entitled to some form of compensation for their involuntary inclusion in EA's multi-million dollar franchise.
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