At first
it was just a friend’s son playing a video game, but as he looked
closer, Ed O’Bannon took increasing notice of a figure on the screen.
One that O’Bannon said he thought looked remarkably like him.
In fact, it was, from jersey No. 31 to the trademark smooth left-handed jump shot in EA Sports’ “NCAA Basketball” game.
Nearly 14
years after he led UCLA to the 1995 NCAA basketball championship as the
most outstanding player of the Final Four, O’Bannon said, “I was
flattered initially. My first thought was, ‘That’s pretty cool. I’m on
the video game.’ ”
Then,
O’Bannon said his friend observed, “‘What’s funny about this whole thing
is we paid X amount of dollars for it and you didn’t see one penny of
it.’ ” And O’Bannon recalled in a phone interview Tuesday, “My thoughts
went from flattery to being upset.”
O’Bannon’s
ire eventually took the form of a potentially ground-altering lawsuit
against the NCAA, video game giant Electronic Arts and the marketing
firm Collegiate Licensing Inc., that goes before federal Judge Claudia
Wilken on Thursday in U.S. District Court in Oakland, Calif.
It frames
the long overdue question of whether the often heavy-handed NCAA owns
the rights to player likenesses and names on game jerseys and other
items beyond their college eligibility and into perpetuity.
But it
has also come to raise the broader, potentially more explosive issue of
whether current players should share in the billions of dollars they
help make for the NCAA and member institutions.
O’Bannon,
who was joined in the suit by several other former athletes such as NBA
Hall of Famers Bill Russell and Oscar Robertson, alleges their names
and likenesses were used illegally in video games and other products the
NCAA has profited from. The NCAA has denied it has acted illegally.
But the
judge, who has so far refused motions to toss the case, has stirred
visions of the NCAA’s worst nightmare in January by saying she would
hear arguments Thursday whether to allow the case to be rolled into a
class action suit. One that could, should a jury find in the plaintiffs’
favor, allow current athletes a share of NCAA revenue, including
lucrative TV rights fees, for the first time in the organization’s
century-old history.
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