Keller Lawsuit Sure to Spark Debate
13 comments so far
May 8, 2009 by
Well, so much for the football-boring month of May. We've got a lawsuit to cover. Former Arizona State and Nebraska quarterback Sam Keller is suing Electronic Arts (maker of a popular line of college sports video games) and the NCAA for using athletes’ names and likenesses without their permission. Sam Keller's name alone is enough to get Husker blood pumping. But, when you throw in legal wrangling and the now age-old discussion of whether or not the NCAA and other unfairly take advantage of "amateur" players' notoriety, you are almost sure to hear some spirited debate.
Only Keller...
First, let me just say that Big Red Network as at least some obligation to cover this issue because of Keller’s short and ill-fated association with Nebraska football. Frankly, the way things went down for him with NU, it's kind of easy to vilify the guy. He makes himself a pretty easy target. But, really, it takes a Sam Keller type to pull the band aid off of an issue like this, doesn't it?
He's a player with little to lose when it comes to football. And, he stands to gain quite a bit, obviously. EA Sports sold millions of copies of their college football game last year. But, it often takes somebody with this kind of ego, hubris, or guts to take a difficult or unpopular position.
Dude, Everybody Knows
Let’s just consider this topic at face value for a second. Have you ever played one of the EA Sports college football games? I have. My thumbs may have healed from those college days, but my memory hasn't faded. Everybody - and I mean everybody - who played those games, even in the earliest years, knew who the unnamed but numbered pixel men were standing in for. You called them by name.
Today, it's even more obvious. In the information age, rabid gamers and entrepreneurs have managed to develop and sell add on packages for the EA Sports games, letting users download rosters that have names to go along with the eerily similar sizes, speeds and jersey numbers that already come with the game. I find it very, very difficult to believe that EA Sports doesn't know such products are being peddled to go along with their game.
So, are they conspicuous or guilty by their inaction? I don't know. I'm neither a judge nor a lawyer. But, from a former gamer and current football junkie, I can say definitively that virtually every game player knows what is up.
The Big Picture
The subject of supposedly amateur athletes being taken advantage of by the NCAA is not a new topic. From jerseys to programs, the NCAA and it's member institutions market products based on the actions of these young people. Yes, these players get free tuition and other benefits (food, housing, etc). But, is that enough?
Now the question becomes - is it illegal? For Keller to get at EA is one thing. They are a private company overtly involved in developing and marketing a product. The NCAA is more insulated from this. They have signed agreements with vendors to stand behind.
But, every fan needs to consider this. When you go out to buy a #93 or #10 Nebraska jersey next season, didn't Ndamukong Suh or Roy Helu have at least something to do with that choice? Or, when you buy something as simple as a program (which aren't getting any cheaper, by the way), aren't you buying it explicitly so you know more about the guys actually on the field. Add in DVDs and other assorted swag and it gets pretty big pretty fast. Should some portion of those dollars be going to the players, beyond just the free tuition?
I honestly don't have answers. I welcome your thoughts and opinions. However, I am sure that a debate will rage on, maybe for years. And now, thanks to Sam Keller, it may actually play out in a courtroom.
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tom May 08 09
The game is being made with the permission of the NCAA. I can't remember exactly when, but a few years back, the NCAA said that the players faces looked a little too much like the real players they represented, so they recommended EA pull back on that feature. If they are in fact being exploited, they they should receive some compensation for it. At last year's Big 12 meeting, Tom Osborne suggested that we pay student athletes $2500 a year in addition to their scholarship due to the fact that they're being used to make money for the University. I used to think it was a bad idea, but maybe it has some merit. As long as it comes out of athletic funds, why not pay the players that basically bring in the money to pay entire athletic department salaries?
David Petersen May 08 09
As far as the NCAA goes, as you mentioned, the kids are getting free tuition, books, meals, medical treatments, trips to bowl games (plus gifts), tutors etc. Just about everything they need in college. What I wouldn't have given for a free ride through college.
EA is a different story. They need to pony-up!
Johnny U May 08 09
Sam Keller is pathetic. He busted on AND off the field. Now this reeling attempt to collect some money he never earned.
Austin May 08 09
The Lincoln-Journal Star has a good story on this too. Seems like this lawsuit is well put together. As long as it doesn't mess up NCAA Football, I hope it wins. EA needs to give the schools some more money for this.
tom, I think almost every idea Dr. Tom has is a good one. He is very insightful about cfb. Check out his recent comments about the Big 12's TV contracts. It's a huge deal, but I've only heard Dr. Tom talk about it so far.
Johnny U, Sam Keller is pathetic? Why? Because he played QB at Nebraska? You probably don't even know him and yet you're dissing him because you're still sour that NU had a bad year in 07. It wasn't his fault, get over it.
bnahusker May 08 09
Hold on a minute, please.
While Keller may have not been the "Savior" of the program, I think this post is being a bit harsh on him. Was/is he as bad as portrayed in this string or is he being dumped on for being the last face of the former staff's regime?
Ganz made it real easy to see Keller as the bad guy and a mistake for the program but I think it gets taken a bit far at times. (Much like the Callagrove bashing.)
I'm not going to cry for Sam anytime soon and I couldn't care less about him winning the lawsuit. I'm just sayin'..............
GBR!
Bob
JBLING22 May 08 09
I was lucky enough to meet Sam Keller within the first week of him being on campus and I agree with Johnny U... Without going to much into detail Sam Keller= Douche bag..
As for him suing EA ...
The athletes get paid to go to school, free-tuition, clothing/rent expense, etc,etc.. so them being used by the NCAA or EA sports whom was given permission by the NCAA is just too bad.. he should be happy that he can create a dynasty on the game, and actually win something...
TundraHusker May 08 09
Keller may or may not be a bad guy, but I will always associate him with a bad time in Husker football. Not fair, just real.
I wonder if there is another point to the suit other than cash. Many years ago a wrestling promoter in Pennsylvania sued sued one of his wrestlers for ending his matches too soon and won. This proved that the match outcome was known beforehand and thus not a sporting event. The promoter then used the decision exempt his shows from the sporting event tax in the state.
I wonder if a decision one way or the other in Keller's lawsuit could be used to define a players role and rights within the system and then perhaps as a point later on. Just a thought.
JBLING22 May 08 09
From what everyone says, the lawsuit was very well done.. Maybe hes looking to become a defense lawyer... He would probably be pretty good at that... lol
Greg Morrow May 08 09
Osborne's called for an athlete's stipend for so long, I was still accountable to my elders, when I first read of it.
I'm sure some are taking shots at Keller, so I won't read anyone's comments, on this topic. I hate to get after Nebraska fans...
The last video game I played a lot was called "Defender," so I don't mind if Keller scores into the multi digits.
Nebraska sold a tee shirt once that had obvious grafted images, without numbers on the jerseys. You knew that was Brooke Berringer and Tommie.
Sports has always blurred amature and pro. Back in the day, full time Soviet Hockey players were "amatures." Same with the Cuban boxing team.
The NCAA is a "not for profit." Years back, 16 year olds worked full time. Now, in relative terms, a jock's girlfriend has to pay his way into the movies.
huskermonkey May 09 09
Keller’s lawsuit is a terrible thing. First, we shouldn’t be paying players, they get enough legal and illegal contributions from free tuition to jobs that they don’t have to show up for ( and don’t think that ONLY happens at OU). All the people that I would buy a jersey or a video game for, are going to get more swag in the form of a multi-million dollar NFL contract, or even local endorsements. ( Johnny Rodgers has made a living off the latter of the two). NCAA did tell EA to pull back the graphic details because it looked too much like the real players. That is why NBA or NFL games look so much better, because I can be Brett Favre or Ocho Cinco. If Keller would have amounted to all the hype, he wouldn’t have had to file for this suit to either make money or remind people who he is. He didn’t make it at ASU, NU, the NFL and the AFL took the season off, and he is looking for a meal ticket. Maybe he is mad that his “likeness” got benched for QB #12, or at least on my dynasty he did. I will be pretty upset if I have to start playing with random players and Nebraska has “John Brown #8” at starting QB and teams don’t represent their current strengths and that leads to Iowa State winning a national title! Sam Keller we had for gotten you long ago, your filed back with the likes of other NU QB has beens and could have beens, next to Freeman, Gabbert, Dailey, Lord, Dukes, Beck, Witt ect. Now Sam Keller has attempted to ruin my video gaming world, where every season NU has a real national title opportunity, and if get 33 points rolled up on me in Norman ,I can just reset.
Matt May 11 09
A few comments--
1) The stipend issue (if I remember correctly) is currently moot, as the Unicameral voted to approve player stipends so long as stipends are approved by the NCAA and X number of Big XII states approve them as well. Honestly, Nebraska has done their bit with this--it's up to the NCAA and other states to go forward.
2) As for Keller, I know people are asking him to lay off...but how can this be judged as anything other than an opportune money grab due to on-the-field failure? No other players are lining up behind Keller (failed, successful, or otherwise), and the NCAA (again, per my Mad Cow memory) makes players sign waivers regarding likeness rights, etc.
3) Keller likely has nothing else to do now that his girlfriend's pR0n site in AZ got shut down. Nothing against pR0n, mind you--just that idle hands...
MSerna Jul 24 09
Here is a link to an update of the case. Looks like a hearing is in September, http://thematadorsports.com/blog/?p=480
ike robertson Dec 27 09
I've never met Sam, and I see there are comments that these kids are getting a free education, medical, room and board etc.No it's not free the beating their body takes and mind because there are fans who forget that these are kids, and boo them like they're pros, are earning these schools way more money than they're paying for that so called free ride.Take a look at the coaches salaries,and then ask yourself are the Kids the ones getting the free ride.Wake up people, these schools are making a killing off of these KIDS.