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Class action Law suit against EA

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  • Class action Law suit against EA

    Anyone else get this in their e-mail?
    GEOFFREY PECOVER and ANDREW OWENS v. ELECTRONIC ARTS INC.
    U.S. District Court (N.D. Cal. - Oakland Div.)
    Case No. 08-cv-02820 CW

    If You Purchased Certain Electronic Arts Brand Football Video Games
    Between January 1, 2005 to the Present
    You May Be a Class Member.

    Membership as a class member in the Electronic Arts Litigation is the result of a lawsuit filed in the U.S. District Court, Northern District of California, Oakland Division (Case No. 08-cv-02820 CW).

    What Is This Class Action About?
    The class action lawsuit alleges violations of California's antitrust and consumer protection laws in connection with the sale of certain football video games. Plaintiffs, purchasers of Electronic Arts' football video games, claim that Defendant Electronic Arts entered into a series of exclusive licenses with the National Football League (NFL), National Football League Players' Association (NFLPA), National Collegiate Athletics Association (NCAA), and Arena Football League (AFL), which Plaintiffs claim foreclosed competition in an alleged football video game market. Plaintiffs allege that this series of exclusive licenses caused customers who purchased certain football video games to be overcharged.
    Defendant Electronic Arts has denied any liability and all allegations of misconduct. The Court has not decided whether the Defendants did anything wrong, and this Notice is not an expression of any opinion by the Court about the merits of any of the claims or defenses asserted by any party to this litigation.

    Who Are Class Members?
    The Class includes all persons who, during the period January 1, 2005 to the present, purchased the Madden NFL, NCAA Football, or Arena Football League brand video games published by Electronic Arts with a release date of January 1, 2005 to the present. Excluded from the class are purchasers of software for mobile devices, persons purchasing directly from Electronic Arts, persons purchasing used copies of the relevant football video games, and Electronic Arts' employees, officers, directors, legal representatives, and wholly or partly owned subsidiaries or affiliated companies.

    What Should I Do? (Getting Further Information)
    If you believe that you may be a class member (see above "Who Are Class Members"), you should get more detailed information about the class action and its potential effect on you and your rights. Further information can be obtained by going to the following website: www.easportslitigation.com. Additional information about the lawsuit may be obtained from Plaintiffs' Counsel website at www.hbsslaw.com, or by calling Plaintiffs' Counsel at 1-206-623-7292.

    To Remain a Class Member
    If you are a class member and you do nothing, you will be bound by the court's rulings in the lawsuit, including any final Settlement or Judgment.

    To Exclude Yourself from the Class
    (Deadline to Request Exclusion: June 25, 2011)
    If you are a class member and you want to exclude yourself from the class and keep your right to sue Defendant, you must take further action before June 25, 2011. By that date, you must request exclusion in writing to this address:
    Electronic Arts Litigation Exclusion
    P.O. Box 8090
    San Rafael CA 94912-8090

    Or submit a request for exclusion electronically at the following website: www.easportslitigation.com

    For further information about excluding yourself from the class go to the following website:


    Please do not telephone or address inquiries to the Court.
    April 6, 2011. By Order of the U.S. District Court (N.D. Cal. - Oakland Div.).
    sigpic
    2013 Adopted Bronco - Duke Ihenacho

  • #2
    Yeah I got that same e-mail...but I just deleted it.

    Thx,
    Joe
    To live is to suffer, to survive is to find meaning in the suffering.

    sigpic

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    • #3
      Just got it today, about time someone took on EA and their exclusive bull crap!
      sigpic

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      • #4
        Is it bad that when I got the email and seen the title I freaked out and wondered what they thought I did?
        :usa: *** God Bless Our Military Men And Women*** :usa:

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        Adopted Bronco 2015 CJ Anderson

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        • #5
          Originally posted by Frenchy180
          Is it bad that when I got the email and seen the title I freaked out and wondered what they thought I did?
          Lol no, I did the same thing. "I DIDN'T DO IT!" *runs*
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          • #6
            I always liked the NFL 2K series better than Madden
            Originally posted by PowderAddict
            I think the funny thing is that he's had his jerseys burned in TWO different cities
            However, in the gamble that is the NFL draft, we'll roll the dice on the proven and unmatched passing talent of Tebow rather than on the sorry track record of pro football talent evaluators.
            http://www.coldhardfootballfacts.com...rterbacks.html



            Sign your CPs, I will return the favor!!

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            • #7
              I hope this crash and burns horribly in court, or before.

              It's a frivolous baseless lawsuit, and a waste of our judicial branch's time and money.

              EA was not the only one bidding on these, they were just the top bidder.

              Same thing happens with other sports... EA doesn't have a baseball game, do they? Why is that? Hmmmm.

              I understand why people don't like EA's games. That's fine, and I don't have a problem with that. Does that mean that EA was wrong to do what they did in getting the license? No.... if they didn't get the license, they would have lost the ability to make NFL games themselves.

              Other Football games have been made during EA's 'monopoly'. Some were even argued as better.

              Those that hate Madden are so vocal that they think they outnumber the millions that don't. Large numbers of them haven't played in years, and they refuse to, yet they claim to know exactly what is wrong with Madden today.

              It's silly.

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              • #8
                madden not even a real video game. so many fake plays. dont care about EA hope they lose the lawsuit.

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                • #9
                  Originally posted by LordTrychon
                  I hope this crash and burns horribly in court, or before.

                  It's a frivolous baseless lawsuit, and a waste of our judicial branch's time and money.

                  EA was not the only one bidding on these, they were just the top bidder.

                  Same thing happens with other sports... EA doesn't have a baseball game, do they? Why is that? Hmmmm.

                  I understand why people don't like EA's games. That's fine, and I don't have a problem with that. Does that mean that EA was wrong to do what they did in getting the license? No.... if they didn't get the license, they would have lost the ability to make NFL games themselves.

                  Other Football games have been made during EA's 'monopoly'. Some were even argued as better.

                  Those that hate Madden are so vocal that they think they outnumber the millions that don't. Large numbers of them haven't played in years, and they refuse to, yet they claim to know exactly what is wrong with Madden today.

                  It's silly.
                  It probably will fail. I can't see a court awarding people anything because we purchased a game of our own free will.

                  But you are right about the MLB rights as well. In fact, I would argue that MLB2K series is 10 times worse than anything Madden has ever done. At least Madden you can play seamlessly. The 2K baseball games are incredibly glitchy and the customer support people will tell you so as well.

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                  • #10
                    I'm not saying that I agree with this just so you guys know. Just thought I'd show you guys.
                    sigpic
                    2013 Adopted Bronco - Duke Ihenacho

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                    • #11
                      I got it, but I didn't really care that much.
                      When something goes wrong, such as Madden getting MUCH worse, along with anything else, I'll take a look, but it is not on my radar right now.
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                      • #12
                        I honestly thought it was a scam mail, and e-pulverized it.

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                        • #13
                          Originally posted by LordTrychon
                          I hope this crash and burns horribly in court, or before.

                          It's a frivolous baseless lawsuit, and a waste of our judicial branch's time and money.

                          EA was not the only one bidding on these, they were just the top bidder.

                          Same thing happens with other sports... EA doesn't have a baseball game, do they? Why is that? Hmmmm.

                          I understand why people don't like EA's games. That's fine, and I don't have a problem with that. Does that mean that EA was wrong to do what they did in getting the license? No.... if they didn't get the license, they would have lost the ability to make NFL games themselves.

                          Other Football games have been made during EA's 'monopoly'. Some were even argued as better.

                          Those that hate Madden are so vocal that they think they outnumber the millions that don't. Large numbers of them haven't played in years, and they refuse to, yet they claim to know exactly what is wrong with Madden today.

                          It's silly.
                          I understand that you disagree with the suit, but I don't think it's accurate to characterize this suit as "frivolous" and "baseless". I'm not saying that I think the plaintiffs are correct or that I think they'll win, but it seems to me (without having much specific knowledge about the case) that they at least have a legitimate argument.

                          The exclusive license EA has with the NFL can be argued to give EA monopoly power over a relevant market (or market input), and if the plaintiffs can show that EA either obtained this power by unfairly restricting competition for the licenses, or that they have used their market power to foreclose competition in the relevant market, they can certainly be found to have violated the Sherman Act (federal antitrust law).

                          Antitrust law is insanely nuanced and complicated in practice, and is extremely difficult to predict outcomes for. In all likelihood, just like most antitrust cases, this one will be won or lost based upon what the court adopts as the "relevant market"--if the market is defined as something like "all video games", then EA doesn't have the requisite market power to trigger antitrust scrutiny, and EA will win. If, however, the plaintiffs successfully define the market as something like "League-licensed football video games for home consoles", then they will have shown that EA has market power and only need to show that EA also engaged in conduct that harmed consumers or the marketplace in order to win. I'm not predicting one way or the other, I'm only saying that their claim is not frivolous and might have some merit.

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                          • #14
                            TL;DR

                            Whats the gist of it?

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