If you're a fan of college sports video games, then you've probably already heard that in the middle of May, the NCAA announced that it would be convening a special group to re-examine the issue of student-athlete compensation for the use of their name and likeness. Lawsuits from former players whose likenesses were being used in college games without their permission (let alone compensation) is the reason that companies like EA and 2K Sports had to stop releasing new college football and basketball games back in 2012 and 2013.

These issues have been in and out of the courts over the years, with most (if not all) cases being decided in favor of the individual athletes and requiring the NCAA, video game publisher, or both to have to pay damages the athlete. Ever since, the NCAA has refused to lend its license to video games in particular, as they have steadfastly refused to allow players to be compensated on the grounds that they are "amateur" student athletes, even though they are the primary driving force of a multi-billion dollar-a-year industry.

College sports games have been absent for quite a few years now.

Over recent years, the NCAA has been receiving mounting public pressure to pay athletes and/or allow them to profit from the use of their likeness in commercial products, and it looks like they might finally cave to this pressure later this year. We've talked about the idea of college sports games returning in the past, but up till now, it's always been purely speculative. This time is a bit different, however, since the NCAA itself is finally taking some actual action on the topic. No final decision will be reached until October, so it's still entirely possible that the committee will decide to retain the status quo, which will mean no NCAA-licensed video games in the foreseeable future.

I already thought 2020 was shaping up to be a good year for football video games,
even before this announcement from the NCAA!

I am optimistic that the NCAA will decide in favor of allowing players to receive compensation. In fact, I think this could actually be a brilliant -- and somewhat insidious -- decision by the NCAA. On the one hand, it allows them to license their brand to video game, which would provide a revenue stream for the NCAA. Secondly, it allows the players (the popular ones, anyway) to get paid, which may quell much of the popular demand for the NCAA themselves to pay athletes a salary.

Lastly, based on what I've read about the proposed rule changes, the deal would allow the license-holder of the game or the manufacturer of the paraphernalia holding the athlete's likeness and/or name to pay the athlete directly. Which means the NCAA isn't actually the one paying the athletes. The athletes are getting paid with someone else's dollar. It would, thus, allow the NCAA to save face by continuing to pretend that they are facilitating an "amateur" sport".

In fact, the NCAA's official statement flat-out says:

"... the group will not consider any concepts that could be construed as payment for participation in college sports. The NCAA’s mission to provide opportunity for students to compete against other students prohibits any contemplation of pay-for-play."

It's a kind of cop-out win-win-win for the NCAA, so it's actually kind of amazing that they didn't consider doing this sooner.

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EA Sports logo

There hasn't been a legitimate college football video game since EA Sports stopped making the games after the 2013 season. NCAA Football 2014 was the last game in the series (and I didn't even review it!).

The reason for the disappearance of this game series was a class-action lawsuit filed by former UCLA basketball player Ed O'Bannon against the NCAA regarding compensation for player likenesses in college sports video games. O'Bannon sued in order to get the NCAA to pay players some compensation for the likenesses that were used in such video games. The NCAA refused, since they consider college athletes "amateurs" who should not be paid. Over the past few years, there has been mounting controversy over the lack of compensation for college athletes, especially as sports like college football and basketball surge in popularity and profitability. Currently, schools can earn millions of dollars from their college sport programs (from ticket sales to TV deals to advertising and endorsements), but the athletes who play the games don't see a penny of the money. Instead, they get scholarships.

While I'm personally in favor of paying college athletes, I'm not going into that debate right now. Instead, I want to discuss the settlement that occurred, EA paying out the settlements to players, and what it might mean for the future of college football games.

I'll admit that I'm confused by this whole affair. There was initially a settlement, and EA is currently paying out likeness reimbursements to players. However, the case is still ongoing, as the NCAA has challenged the original ruling. This appeal resulted in an upholding of the NCAA's violation of anti-trust laws, but it also (as I understand) struck down part of the original ruling that required money to be set aside to pay players compensation for their likenesses. I'm not sure if these are two separate cases, or if EA independently agreed to a settlement. If anyone could explain the course of event, I'd greatly appreciate it.

In any case, EA Sports excited players earlier this year by posting the first Facebook post in almost two years on NCAA Football's official Facebook page. The post wasn't much - just a heartbeat monitor. Fans quickly started anticipating that this meant that EA was resurrecting the college football video game franchise.

EA quickly responded that the post was not meant to imply that any future NCAA Football games were in development...

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EA Sports logo

Just saw this article in the online version of the Wall Street Journal. According to the article, Electronic Arts (EA) has settled a class action anti-trust lawsuit that alleged their exclusive contracts with the National Football League (NFL), National Collegiate Athletic Association (NCAA), and Arena Football League (AFL) constituted monopolistic behavior. If the settlement is upheld by the court, EA will owe a small sum of money to consumers who purchased any of their Madden NFL, NCAA Football, or Arena Football video games for the PlayStation 2, Xbox, Wii, PlayStation 3, or Xbox 360.

I doubt that many gamers will be able to actually claim the money owed to them, since I'm sure EA will demand receipts that show a new purchase of the games (and honestly, how many people actually keep receipts for every game that they buy?). I'm also not sure how the settlement will treat consumers who purchased applicable games used, or consumers who resold the games (i.e on eBay or to GameStop).

The most disappointing thing though, is that although EA is agreeing not so sign exclusive deals with the NCAA or AFL, there is no mention of the status or future of its current deal with the NFL. If EA is not forced to relinquish its exclusive deal with the NFL, then this settlement is a very hollow victory for football gaming fans.

I still have a lot of questions, but the prospect of a return to open competition on football video games should be very exciting for football fans! Even if it doesn't apply to the NFL. I hope that companies like 2K, Natural Motion, Sony, and Microsoft will release competitors to EA's NCAA Football over the next few years. I'm disappointed that NFL 2K, NFL Fever, or Backbreaker NFL don't seem to be any more likely, but I hope companies will step up to the plate with new titles like NCAA Football 2K, NCAA Football Fever, and Collegiate Backbreaker.

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Welcome to Mega Bears Fan's blog, and thanks for visiting! This blog is mostly dedicated to game reviews, strategies, and analysis of my favorite games. I also talk about my other interests, like football, science and technology, movies, and so on. Feel free to read more about the blog.

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