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EA Sued Over Madden 06 Feature

von_blapp writes "EA is being sued over the Super Star feature that is included in Madden '06. Pernell Harris, owner of Virtual Jam is suing EA over a confidentiality violation. Harris claims when he met with EA in '03 he discussed a game called Heart Of A Champion, in this game players take high school athletes from the schools to the pros insuring their grades are kept up and even picking their parents for the optimum gene pool. This is the same feature as in the current game released by EA."

46 comments

  1. They sort-of deserve it. by SnoopJeDi · · Score: 0

    I'm not really surprised by EA. I think they actually deserve a kick in the disk. Jerks. Still, this guy's suit doesn't seem ironclad to me. Hope he wins!

    1. Re:They sort-of deserve it. by Meagermanx · · Score: 3, Insightful

      This guy should lose. I'm tired of all these "OMG I was the one who thought they should use Mario in a tennis game!! I even posted it on a forum, so I have proof! Nintendo ripped my idea off, so I'm suing!" type of mentalities.
       
      Just because somebody has a cool idea and shares it doesn't mean if anybody implements that idea they can sue.
      Seriously, if you're not making it, and you're not fine with other people doing it, keep your damn ideas to yourself.
       
      And, honestly, how original of an idea is it to simulate a rising star's upbringing and career?

    2. Re:They sort-of deserve it. by HunterZ · · Score: 3, Informative

      Just because somebody has a cool idea and shares it doesn't mean if anybody implements that idea they can sue.

      He can (and should) file suit if EA signed documents saying that they wouldn't use this idea without licensing it from him first. The article alludes to a confidentiality agreement/contract but isn't specific, so there's no way to know what the deal is that they had.

      --
      Arguing about vi versus Emacs is like arguing whether it's better to make fire by rubbing sticks or banging rocks.
    3. Re:They sort-of deserve it. by Anonymous Coward · · Score: 0

      No, the idiot shouldn't get a dime, and he should also pay the court costs. Remember, EA is a business that has to make to money the old fashioned way, by earning it. That is what is known as capitalism, if he didn't want them to have his idea, then he shouldn't have told them. He should've made the game himself. Since he did tell them his ideas, I feel that natural selection should just take its course. If he doesn't learn, then he'll eventually die.

    4. Re:They sort-of deserve it. by benjcurry · · Score: 1

      The difference (supposedly) is that this guy actually MET with EA and discussed this feature under conditions that he now maintains were violated.

    5. Re:They sort-of deserve it. by non0score · · Score: 1

      I don't know about you, but I had (he died to liver->lung cancer at 26) a friend who pitched his idea to Bell (Canada) in order to land a contract. He was "thanked" by Bell with a rejection and an immediate turnaround haste implementation of his idea. It's not as if these things don't happen. So declaring it nonsense right off the bat isn't exactly being objective, either.

    6. Re:They sort-of deserve it. by Meagermanx · · Score: 1

      Sorry about your friend, man.

      Anyway, this is not the greatest idea ever, it's not worthy of a patent or anything, and it's not revolutionary.
      If I get Nintendo to sign something that says they won't use my ideas without paying me $X.xx, and then I say "You should totally do Mario Basketball, Mario Table Tennis, Mario Team Fortress Classic, and Mario Golf 3", and then they make Mario Basketball, I shouldn't get any money.

      What was your friend's idea, anyway?

    7. Re:They sort-of deserve it. by Ced_Ex · · Score: 1

      What was your friend's idea, anyway?

      I think you'll have to sign a non-disclosure form before he tells you unfortunately. :(

      --
      Live forever, or die trying.
  2. I picked my parents... by voxel · · Score: 2, Funny

    I picked my parents and I'm no NFL football player.

    --
    Modesty is one of life's greatest attributes
    1. Re:I picked my parents... by Anonymous Coward · · Score: 0

      Maybe you picked the wrong ones, you didn't do an auto-generate did you? There's more to it than picking parents, you need strategery on which to choose.

  3. would it really be a shock by hairyfeet · · Score: 1

    would it really be surprising that a company that treats it workers so bad would rip off someone who wasn't even in their employ?BTW,I doubt by the time I push the button I'll get it,But what the helll-First post

    --
    ACs don't waste your time replying, your posts are never seen by me.
  4. EA could just as well be a porn company... by Anonymous Coward · · Score: 3, Funny
    ...because everyone who deals with them gets fucked eventually.

    Oh, and their games blow.

    1. Re:EA could just as well be a porn company... by superpulpsicle · · Score: 1

      I vow to not buy any EA game for the next 5 years or until whenever they reinstate the NFL license to allow 2K sport to make football games again. So I wouldn't know how bad madden has become.

    2. Re:EA could just as well be a porn company... by chrish · · Score: 1

      I think I'm in my third year of what might be an infinite boycott of EA games; they haven't released anything I've been interested in since Clive Barker's Undying.

      Undying came out in 2001, but I bought a bargain-bin copy a few years ago, that's why it's only the third year of my accidental boycott.

      --
      - chrish
  5. Slight correction by Pluvius · · Score: 3, Informative

    The part where you take your athlete through college is simulated in Madden's sister game, NCAA Football 06. You export your college character to Madden 06 if you decide to enter the draft (usually at the end of your senior year, but you can cut a year off if you win a Heisman). Not that anyone here cares, but I thought I'd point it out.

    Rob

    1. Re:Slight correction by fredfl · · Score: 2, Funny

      Is there a part where you can choose to fail english but still get to graduate because you are a good athlete? :P

    2. Re:Slight correction by Anonymous Coward · · Score: 0
      Is there a part where you can choose to fail english but still get to graduate because you are a good athlete?

      Me fail English? That's unpossible! But seriously, folks...maybe it's the part where you have a 25+ hour weekly commitment to the sport, which coincidentally makes millions of dollars a year for your school, and you're supposed to live in crappy dorms and eat Top Ramen because the NCAA won't let you take a decent job. Like Jimmy Caan said in "The Program"--"When's the last time 70,000 people showed up to watch someone solve a calculus problem?" (paraphrasing badly because I can't find the script on Google and haven't fired up the DVD in a couple years).

    3. Re:Slight correction by just_another_sean · · Score: 1

      You had this ability in Madden/NCAA 2005 as well. I wonder why Harris waited until now?

      I've never actually used the feature but I think it's a pretty cool concept. What I'd like to see even more though is the ability to take my team or player from Madden 2005 or Tiger 2005 and use him in the 2006 versions. I spent a lot of time conquering these two games and it would be cool if I could reap the reward in the next version.

      --
      Creationist Textbook Stickers Declared Unconstitutional by CowboyNeal
    4. Re:Slight correction by Pluvius · · Score: 1

      You had this ability in Madden/NCAA 2005 as well.

      No, you didn't. The only thing that's even remotely similar is the Create-a-Player option, which has been in both franchises for quite some time now. These new features ("Race for the Heisman" in NCAA 2006 and "Superstar Mode" in Madden 2006) are very different animals; you actually play the "extracurricular" aspects of the game from the perspective of the player, not the coach. In Superstar Mode, you have regular practices, movie offers, a fan website, agents, and so forth. I haven't played Race for the Heisman but it's a similar concept.

      It's not that good, really, and quite disappointing. Could've been a lot better if the focus on your player was tighter (like the shareware PC game New Star Soccer, to give an example); as it is, it's just a veneer over top of the standard Dynasty/Franchise Mode. I think I would've much rather played that Heart of a Champion game.

      Rob

    5. Re:Slight correction by th3space · · Score: 1

      Not yet, but the Ladanian Tomlinson Expansion Pack will be out soon enough.

      Seriously, my sig-o had three classes with him at TCU and saw him a grand total of 4 times within the confines of a classroom. I wouldn't say it was because she was skipping classes, either...

      --
      "How like you to drag your keyboard to a gun fight." - Aaron Bedard (BANE)
    6. Re:Slight correction by just_another_sean · · Score: 1

      Ah, my mistake. I didn't realize it was so detailed and from the player's perspective, not the coaches. On the Sony Playstation II, if you have both NCAA and Madden 2005, as the coach you can "promote" a player out of NCAA to Madden. It doesn't have all the interaction that you mentioned but I've not seen 2006 so I didn't realize how different it was.

      Still wish I could take my Tiger 2005 character and play him in 2006. He rocks :-)

      --
      Creationist Textbook Stickers Declared Unconstitutional by CowboyNeal
  6. In other news... by failrate · · Score: 3, Funny

    ...Art is being sued by Life for imitation. Art is countersuing Life, also for imitation.

    --
    Voodoo Girl is the bomb!
  7. Asinine by EnglishTim · · Score: 4, Insightful

    Ideas for games are cheap. Everybody's got an idea for a game. Everybody's got hundreds of ideas for games. It's the implementation that counts, and getting that right is damn hard work.

    I'm certainly not EA's biggest fan (especially as I work for a competitor!), but I find it difficult to believe that this case has any merit.

    1. Re:Asinine by $nyper · · Score: 1

      Sorry that's the whole reason of getting someone to sign a Non-disclosure/Infringement agreement before you pitch an idea. Because the NDA is supposed to protect you from someone like EA ripping off your idea's/I.P.

      There are too many companies out there that just steal ideas so that they can make a little extra cash. It is sad state of affairs when R&D starts meaning Rip-off and Duplicate. Remember the old days when it actually meant research and development.... [sighs]

      --
      "Help me Obi-/.-Kenobi,your my only hope!" -$
  8. What a Dolt by Primis · · Score: 0

    So did this loser ever copyright or patent the idea?

    Does he have any actual proof that this idea was his?

    Was he smart enough to make EA sign a contract and/or agreement to not use his idea(s) without his licensing or permission?

    If not, then he walked right in, and handed them his ideas, and there's really not anything he can do about it.

    Stupidity is not, nor should it ever be, rewarded.

    1. Re:What a Dolt by Eightyford · · Score: 1, Insightful

      So did this loser ever copyright or patent the idea?

      Does he have any actual proof that this idea was his?

      Was he smart enough to make EA sign a contract and/or agreement to not use his idea(s) without his licensing or permission?

      If not, then he walked right in, and handed them his ideas, and there's really not anything he can do about it.

      Stupidity is not, nor should it ever be, rewarded.



      Having faith in other people should never be considered stupid. Naive maybe, but not stupid.

      Being an ass is not, nor should it ever be, accepted.

    2. Re:What a Dolt by LordLucless · · Score: 1, Insightful

      Confidentiality agreements are common practice in these sort of arrangements. If there were no CA, then this guy doesn't have a leg to stand on. As soon as I read the story summary, I assumed there was a CA being violated. If EA did sign a CA, and that CA covered the idea he presented, and the idea EA eventually developed came from him and was not demonstrably developed beforehand, then he has a chance of winning. Given he has enough money to field enough lawyers for enough time, of course.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    3. Re:What a Dolt by Mr.+Slippery · · Score: 2, Insightful
      So did this loser ever copyright or patent the idea?

      Copyright protection applies as soon as the work is set down in a fixed medium (written, recorded, drawn, whatever). If he wrote his ideas down prior to this meeting with EA, they're protected by copyright, and he may have a case that the game is a derivative work.

      I don't see how patent would apply here.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    4. Re:What a Dolt by pla · · Score: 1

      Having faith in other people should never be considered stupid.

      People. Not corporations. Not representatives of corporations.

      In dealing with any entity lacking even the faintest trace of a conscience (one might go so far as to say a soul, but morality doesn't require religion), only a fool would assume the other party will act "nicely". The other party will act in the manner it deems optimal for its scoring criterion - In the case of corporations, that means money.


      Put less abstractly - Corporations exist to make money, and only to make money. Expecting basic "human" decency from them will leave you with a sore ass and not even a "thanks" in the morning, much less a reacharound.

  9. Dime a dozen... by Skreems · · Score: 4, Insightful

    I know two people from college who had the exact same idea (seperately of each other) a couple years ago. I'm sure tens of thousands of people have had the same idea across the country. Did any of them do it? No. EA did. I'm all for "fuck corporations" as much as the next guy, but this is just ridiculous. Ideas are worthless until you actually implement them. I have some ideas that I'm convinced would make fantastic games, but I'm not in a position to make it happen right now. If someone beats me to the punch, I might be a little pissed that I didn't get to do it first, but it's stupid to sue over it.

    --
    Slashdot needs a "-1, Wrong" moderation option.
    The Urban Hippie
    1. Re:Dime a dozen... by Red+Flayer · · Score: 1

      "I know two people from college who had the exact same idea (seperately of each other) a couple years ago. I'm sure tens of thousands of people have had the same idea across the country. Did any of them do it? No. EA did."

      Did any of them present their idea to EA, and get EA sign an agreement to not use the idea without licensing it from them?

      This isn't about having an idea first -- it's about entering into a contract with a company, and that company breaching the terms of the contract.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  10. pretty weak stance by Anonymous Coward · · Score: 1, Interesting

    This isn't the same as somebody sueing because they had an idea. This guy was actually discussing with EA this game and feature that he was at the time trying to develop and get backing for, EA turned it down but (supposeably) stole the idea. This is akin to stuff Microsoft pulls where they find out all the in depth stuff from some small company and they go do it themselves instead of paying them (AKA Windows).

    Now, the big thing this suit will rest on is how much information did he give them and did that influence this feature. I really can't see it going anywhere because he would have to prove that it was his idea that they used. This sorta idea has been bounced around in other places and I think there is another game that already implements it.

    Of course this could also be a publicity stunt, never even heard of this guy before this so some publicity where hes the underdog taking on the big corp might help his business.

  11. After they were informed... by tansey · · Score: 2, Funny

    Overheard in the EA Boardroom: "Ohhh, so THAT'S where we got that idea from. I told you guys it sounded familiar."

  12. Good feature there, Adolf. by Stonent1 · · Score: 0, Troll

    even picking their parents for the optimum gene pool

    [sarcasm] Eugenics... Not just for Dogs and fine horses any more! [/sarcasm]

    1. Re:Good feature there, Adolf. by metamatic · · Score: 1

      I'm so glad I wasn't the only person disgusted by the fact that nobody apparently saw anything wrong with the idea.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
  13. hASSbro? by tepples · · Score: 1

    Ideas for games are cheap. Everybody's got an idea for a game. Everybody's got hundreds of ideas for games. It's the implementation that counts, and getting that right is damn hard work.

    Tell that to Hasbro.

    1. Re:hASSbro? by EnglishTim · · Score: 1

      I think you'd have a point if Hasbro had sued him just because he was making a 'world domination game'. As it is he copied their game almost exactly and used their trademark.

  14. WTF does eugenics have to do with "HEART"? by Anonymous Coward · · Score: 0

    he discussed a game called Heart Of A Champion, in this game players [...] picking their parents for the optimum gene pool.

    WTF does that have to do with having the heart of a champion? The whole idea behind "having heart" is *learning* the attitude and having courage despite unfavorable odds -- NOT what genes you were born with. Determination and effort from hard work will beat "talent", that kind of thing.

  15. Re:..they're protected by copyright by Anonymous Coward · · Score: 0

    If he wrote his ideas down prior to this meeting with EA, they're protected by copyright.


    Bullshit. Patents protect ideas, or in this case, a non-disclosure agreement, that is, a contract violation is what he is suing for.
  16. Wrong. by Anonymous Coward · · Score: 0

    You are correct that he controls copyright over the work, but pretty much wrong on everything else. A copyright protects only the distribution of the work itself, not the concepts it contains. EA, or anyone else for that matter, is prohibited by copyright law to duplicate the work and distribute it, but that doesn't stop them from reading it and creating a new work on their own.

    The ideas contained in the design doc are not protected by copyright law. You can not protect an idea, only its expression. Just because he had the idea of a game that follows a player's career as they go through high school and college does not stop anyone from using that idea. It's not even a very unique idea...I had the same idea for a baseball game.

    Creating a game, allegedly based on the ideas they read in the design doc, is NOT a derivative work. If they took the design doc, and made it into an award-winning Broadway play, that play would be a derivative work.

    1. Re:Wrong. by Mr.+Slippery · · Score: 1
      A copyright protects only the distribution of the work itself, not the concepts it contains. EA, or anyone else for that matter, is prohibited by copyright law to duplicate the work and distribute it, but that doesn't stop them from reading it and creating a new work on their own.

      Copyright protects the creation of "derivatve works". It's why you can't read, say, Snow Crash and then go create a videogame where players take on the role of Hiro Protagonist without Neal Stephenson's permission. You can't use Hiro, the Metaverse, et cetera without creating a derivative work, so yes, in that sense copyright can sometimes protect concepts contained in a work.

      Creating a game, allegedly based on the ideas they read in the design doc, is NOT a derivative work.

      Depends on what's in that document and what's in the game. Have you compared them?

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
  17. And here is mine! by th3space · · Score: 1

    I would very much like to play a game of Adult ADD. The whole point of the game is to keep your 'character' on task and on time, all the while, the game fights to make sure you get as distracted as possible...

    I would say it could be called "The Game of Life", but clearly, that would cause some confusion.

    --
    "How like you to drag your keyboard to a gun fight." - Aaron Bedard (BANE)
    1. Re:And here is mine! by Anonymous Coward · · Score: 0

      have you been watching me? :)

  18. Re:..they're protected by copyright by Mr.+Slippery · · Score: 1
    Bullshit. Patents protect ideas, or in this case, a non-disclosure agreement,

    Patents protect inventions, not "ideas". NDAs are contracts, and have nothing to do with patents or copyrights.

    --
    Tom Swiss | the infamous tms | my blog
    You cannot wash away blood with blood
  19. It's-a-me, Wario! by tepples · · Score: 1

    I would very much like to play a game of Adult ADD. The whole point of the game is to keep your 'character' on task and on time, all the while, the game fights to make sure you get as distracted as possible...

    Nintendo already made that. It's called the WarioWare series.

  20. It could have been worse? by Bushido+Hacks · · Score: 1

    The could have added a scene were you see John Madden doing one of the women from Desperiate Housewives. "Hot Coffee" meats Monday Night Football. --AUGH! MY EYES!

    --
    The Rapture is NOT an exit strategy.