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08-04-2008, 09:00 PM
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#16 | | TO THE DEATH
Join Date: Sep 2006 Location: TX Posts: 1,083
vCash: 63961
Donate | It's his attitude toward "race" relations that has hurt him from a business stand point. He makes race an issue to much. |
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08-04-2008, 09:07 PM
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#17 | | Outlaw
Join Date: May 2008 Location: Omaha Nebraska Posts: 1,546
vCash: 85290
Donate | Quote: |
Originally Posted by Hollywoodnash It's his attitude toward "race" relations that has hurt him from a business stand point. He makes race an issue to much. | | That's it?
I hold him more accountable for Mars Attacks although he was pretty good on Any Given Sunday. |
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08-04-2008, 09:21 PM
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#18 | | Hope comes with batteries Forum Leader
Join Date: Mar 2004 Location: Chicago Posts: 10,674
vCash: 5268693
Donate | Quote: |
Originally Posted by ExperiencedRookie That's it?
I hold him more accountable for Mars Attacks although he was pretty good on Any Given Sunday. | | Don't forget the classic I'm gonna get you sucka. |
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08-04-2008, 09:44 PM
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#19 | | Genibus Nitito Canus Premium Member Forum Leader
Join Date: Feb 2006 Location: Taylor, TX Posts: 7,889
vCash: 1924843
Donate | Quote: |
Originally Posted by TurfPro Hmmm.....
You bring up the age issue. Guess my intellectual and moral superiority is giving you a complex. So you blame it on age.
Bow, buddy | | What intellect have you proven besides .....well.. nothing.
You can duck issues, insult peoples dead relatives, and side step questions. Then when presented with your own BS point blank the best you can do is sit behind your keyboard, pick out a smiley that makes you feel better, and revel in your mind that you really showed me....
You don't impress me at all. Try again and get back to me. |
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08-04-2008, 09:46 PM
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#20 | | Genibus Nitito Canus Premium Member Forum Leader
Join Date: Feb 2006 Location: Taylor, TX Posts: 7,889
vCash: 1924843
Donate | Quote: |
Originally Posted by Hollywoodnash Here it is. Is EA using his likeness? If the player looks like him, then sure, he has a point. But if they didn't use his name, and the player doesn't look like him, then he has no case. He doesn't own the rights to the number 32. The Browns own the right to his jersey number. If his only comparison is that the video game player is black and that it has the #32, then he has no case. His likeness is literally his physical likeness and any copyrighted insignia's, photos, or other intellectual property. The Browns franchise and the #32 are not his intellectual property, there are the intellectual property of the Cleveland Browns. Personally, sounds like he's finally burned all of his bridges and is running out of money. | | TurfPro,
This is an intelligent post that answers my question you keep missing to hurl insults. Study it when you get a chance.
Sarge |
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08-04-2008, 09:58 PM
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#21 | | Outlaw
Join Date: May 2008 Location: Omaha Nebraska Posts: 1,546
vCash: 85290
Donate | Quote: |
Originally Posted by Sgt_John TurfPro,
This is an intelligent post that answers my question you keep missing to hurl insults. Study it when you get a chance.
Sarge | | Yikes. You're testy lately Sarge. |
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08-04-2008, 09:59 PM
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#22 | | Genibus Nitito Canus Premium Member Forum Leader
Join Date: Feb 2006 Location: Taylor, TX Posts: 7,889
vCash: 1924843
Donate | Check your PM's |
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08-04-2008, 11:33 PM
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#23 | | Outlaw Gopher Slayer Premium Member
Join Date: Mar 2004 Location: The 19th Hole Posts: 7,406
vCash: 665980
Donate | Quote: |
Originally Posted by Sgt_John TurfPro,
This is an intelligent post that answers my question you keep missing to hurl insults. Study it when you get a chance.
Sarge | | Intelligent because it supports your point of view?
When did I insult you?
Take a friggin pill..... |
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08-04-2008, 11:35 PM
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#24 | | Outlaw Gopher Slayer Premium Member
Join Date: Mar 2004 Location: The 19th Hole Posts: 7,406
vCash: 665980
Donate | Quote: |
Originally Posted by ExperiencedRookie Yikes. You're testy lately Sarge. | | Someone had the audacity to disagree with him.....
He needs a good SOFFL and SUDFFL spanking |
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08-05-2008, 12:59 AM
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#25 | | Outlaw
Join Date: Nov 2004 Posts: 1,965
vCash: 14410
Donate | There are more issues involved here.
There are "False Light" issues - It may appear that Jim Brown authorized and/or is affiliated with Electronic Arts. In the "Slugfest" game Barry Bonds is an averaged sized white LF for the SF Giants, who bats and throws right handed. His name is Adam Baraja I think, or something like that. It's clearly Bonds, but also obvious he did not authorize nor is he affiliated with the game maker.
I know I've looked at the rosters of some of the "All-Time" teams and often the jersey numbers don't make sense. Obviously consent was never gained.
Right of Publicity and Right of Privacy are core issues here.
EA has decided to test the legal waters. I'd be hard pressed to believe they accidentally chose Jim Brown. I'd also be shocked if every other Players Union isn't at least a little bit nervous. |
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08-05-2008, 04:43 AM
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#26 | | Psychopath Forum Leader
Join Date: Dec 2006 Location: PSJ, Florida Posts: 3,787
vCash: 1001210
Donate | Quote: |
Originally Posted by Hollywoodnash Here it is. Is EA using his likeness? If the player looks like him, then sure, he has a point. But if they didn't use his name, and the player doesn't look like him, then he has no case. He doesn't own the rights to the number 32. The Browns own the right to his jersey number. If his only comparison is that the video game player is black and that it has the #32, then he has no case. His likeness is literally his physical likeness and any copyrighted insignia's, photos, or other intellectual property. The Browns franchise and the #32 are not his intellectual property, there are the intellectual property of the Cleveland Browns. Personally, sounds like he's finally burned all of his bridges and is running out of money. | | Ok, I see what you're saying, however, wouldn't the simple fact that the video game character in question (black player bearing the number 32) can really only be associated with Jim Brown be enough to be classified as his "likeness"? If you were to see a white QB wearing the number 4 on the All-Packers team, we would all know it was Favre, whether or not the character physically resembled him. Or is that sort of the point, yes it's you, everyone knows it's you but can you prove it? |
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08-05-2008, 04:49 AM
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#27 | | TO THE DEATH
Join Date: Sep 2006 Location: TX Posts: 1,083
vCash: 63961
Donate | That is the point. Brown neither owns the #32, nor the color black. EA receives permission from the NFL and the players association to use their logos, numbers, and everything else that is the NFL. The #32 belongs to the Browns. The Browns are part of the NFL and agreed to the contract with EA Sports. If the Browns wanted to make a case out of it, sure, it may hold some validity, but it's Brown making the case.
Of course it's obvious who #32 is. But the NFL and the Players association have to approve the game before it ships. they didn't object. And since the player in the game doesn't look like Brown other then being a black male, he, legally, doesn't have a case here. If his photo was used, or a digital recreation was made to resemble him, or they had used his name, then he has a case.
EA is not required to have his permission to use a number he doesn't own, it comes down to that. |
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08-05-2008, 04:53 AM
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#28 | | Texas Lightning
Join Date: Jul 2007 Location: Taylor, Texas Posts: 519
vCash: 16252
Donate | Quote: |
Originally Posted by dannywest Ok, I see what you're saying, however, wouldn't the simple fact that the video game character in question (black player bearing the number 32) can really only be associated with Jim Brown be enough to be classified as his "likeness"? If you were to see a white QB wearing the number 4 on the All-Packers team, we would all know it was Favre, whether or not the character physically resembled him. Or is that sort of the point, yes it's you, everyone knows it's you but can you prove it? | | EXACTLY.....finally someone says it...it is all assumed its him because he is black and wears 32.....everyone knows but there is nothing in the game that states it is him. |
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08-05-2008, 05:22 AM
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#29 | | Psychopath Forum Leader
Join Date: Dec 2006 Location: PSJ, Florida Posts: 3,787
vCash: 1001210
Donate | Quote: |
Originally Posted by Hollywoodnash That is the point. Brown neither owns the #32, nor the color black. EA receives permission from the NFL and the players association to use their logos, numbers, and everything else that is the NFL. The #32 belongs to the Browns. The Browns are part of the NFL and agreed to the contract with EA Sports. If the Browns wanted to make a case out of it, sure, it may hold some validity, but it's Brown making the case.
Of course it's obvious who #32 is. But the NFL and the Players association have to approve the game before it ships. they didn't object. And since the player in the game doesn't look like Brown other then being a black male, he, legally, doesn't have a case here. If his photo was used, or a digital recreation was made to resemble him, or they had used his name, then he has a case.
EA is not required to have his permission to use a number he doesn't own, it comes down to that. | | Ok, now I assume this changes with currently active players...or they consent in one way or another, or don't...which is why you would have names like Reggie Wayne included while Bill Bilichek is simply listed as "N.E. Head Coach"? |
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08-05-2008, 05:27 AM
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#30 | | TO THE DEATH
Join Date: Sep 2006 Location: TX Posts: 1,083
vCash: 63961
Donate | There is no requirement for coaches or players to join the players or coaches associations. By not doing so, they forfeit some monetery bonuses, but control their likeness fully. The NFL nor the associations can use it without expressed permission and payment. Not a lot of coaches and players do it, but on occasion, there hvae been players and coaches who haven't joined. EA Sports is not going to spend the extra money just to use Bill Bilichek's name.
This was a problem for years with Michael Jordan and EA Sports. Jordan left the players association years back which made it hard for him to be used in games that were using the NBA Players association. Typically, the players and coaches who don't typically believe they can make more money promoting themselves individually. |
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