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Kahn Wins Case Against EA

Matt Holme

Matt Holme

Founder
Moderator
"HAMBURG, Germany (AP) -- An appeals court ruled Tuesday in favor of Germany goalkeeper Oliver Kahn in his bid to prevent his name and image from being used in a U.S. company's computer game without his permission.

Hamburg's highest state court upheld a similar verdict by a lower court against Electronic Arts, the maker of the computer game, which is based in Redwood City, California.

Kahn's lawyer, Matthias Prinz, told reporters the ruling could open the way for Kahn and other players whose names and images were used to seek damages.

However, a lawyer for the company, Volker Meinberg, said he planned to take the case to a federal court.

Meinberg said the company had obtained a license from the international players' union for its FIFA 2002 game and argued that it was within legally guaranteed artistic freedom.

The Hamburg court ruled, however, that Kahn's personal rights had been violated.

Kahn's lawyer said his client had turned down a "four-digit" settlement proposal from the computer company before the hearing."

News taken from http://sportsillustrated.cnn.com/2004/soccer/01/13/bc.eu.spt.soc.kahn.verdict.ap/

What are your thoughts on this verdict?
 
R

realmadridcf

Senior Squad
I think its stupid.....

I dont think that any personal right has been violated.....

i mean how...everyone knows who he is anyway...

And in a soccergame??? well it is his job right?

I could understand him if he was included in a game like Vice City or something.....but in fifa?? stupid

Casper
 
M

m3th0d

Starting XI
omfg. **** YOU KAHN.

it's a goddamn game for ****'s sake!! thanks for breaking the hearts of millions of kids around the world who can't play with their favorite goalkeeper. :rolleyes:

he just wants the money.. he didn't settle for a 4 digit settlement proposal which is proof. ugh..

boo hoo cry me a ******* river!!!!!!!!!!!! he's filthy rich anyways.

:kader:
 
V

viduka09

Senior Squad
Thats terrible....Hes got enough money as it is, and whats gonna happen if your used in a computer game? Hmmm it makes you wonder.
 
H

Hercules

Starting XI
So, in the same line of logic, he should be able to sue anybody who he claims to look like him, or even has the same name...maybe he can even sue all the Oliver's in this world....

I can see EA backing down from all the unlicensed players completely next year, as already partially seen in this year.
 
M

mhflierman

Starting XI
Well I'm all for protecting your image rights. But it should mainly be because of companies using your image to promote their products which you have nothing to do with. But things like games and so on don't do any harm. The fans of football will only appreciate it. I definately don't like it when a player starts to act all pussy and doesn't allow his face/name into a game. It makes them look greedy and selfish.
 
C

cranky

Senior Squad
like casper already said, his right hasn't been violated at all!
He's the only one who's making a problem of it, all the others players don't have a problem with it, and I think they are even proud to be in the game with a specific face, **** kahn, arrogant jerk.:f***:
 
H

Hercules

Starting XI
Originally posted by Essendon BFC
What an Idiot.

I would love to be in any game.

All this over just having your name in a soccergame....
Click to expand...

Well, it's not that big an effort for Kahn, considering there's huge sums of money available for him.....greedy b*stard....
 
L

Luizdac

Youth Team
Shhhhhhh...stop with this conversation, 'cause Kahn could open a process against us too. He is crazy, you know...
 
D

Danimal

Youth Team
Obviously you don't know anything about laws, rights and copyrights:

I think it's good that Kahn has won. The same thing happened in Holland with Frank and Ronald de Boer, who also do not appear in the games anymore.

Look dudes, it's about privacy: I wouldn't like it either if my name or resemblence were used in a game WITHOUT my own permission. If they did, of course you ask money for it: and here's the thing: From what I've heard, EA pays for the use of names and faces, afterwards. Pretty much like this: ,, Listen, we'll use your image and if we sell enough we'll pay you back, so could we lend your name and face in advance? "Of course you would say no. Only now, the gamers are talking here and of course they want an as realistic game as possible.

Similar is the situation with copyrights on music: Metallica seued Napster (which I think was really good!), and other bands strongly challenge the free exchange of music on the internet, because the don't get any money for the PRODUCT they've made (you pay for your milk and bread in a supermarket, don't you?; same thing) I, as a musician, had the same thing: Copies of our (then) unreleased album were allready spreading around without the permission of my band, and because of that we were missing part of our income as a group making a musical product.

Back to the soccergame, I think it's good that Kahn has won his case in court and I hope EA will be more carefull with personal, author- and any other applicable international copyright law.

D.animal (law student).
 
G

G2000

Youth Team
I think the argument here is not prirating music (which I would agree with you if this was the case) it is pure greed and stupidity. If I am not mistaken, the image of Kahn EA had was imported into the game (but removed ingame). Hence a generic face was used. Now the question here is, if EA used a generic face for a particular player (obviously EA has to get an ok from the club to use the real names of their players) does this mean that every player listed in the game that does not have a "virtual face" should sue EA because the image does not look like them?

And how is this hurting Kahn's image and or reputation? Right, its not. Lets just say that if you have enough money to get a damn good lawyer, you can get away with sueing anyone for the dumbest reasons. Case & point? Look at that old lady that sued McDonalds because she spilled a hot cup of coffee on herself & walked away with millions because there was no label that said "hot coffee" on it.

Its a shame to see things like this happen.
 
C

cwhein

Reserve Team
Oliver Kahn did nothing and exerted no effort whatsoever other than being a soccer player on a famous team. Kahn's motivations are pure greed. How having your "likeness" represented in a video game causes any harm or siphons any money he may have earned himself warrants litigation is beyond me. If EA had created Oliver Kahn and designed a caricature of his face and set his ratings down to 25, then he would have a case...but just being represented in a video game, no. If Kahn has a contract in hand to promote another game that relies on his image, well then maybe.

If anything, the game increases his image recognition - he probably gains a fan or two more than he would ever lose being in a game.

At what point in a player's career does it no longer become an honor to be represented in a video game?

Isn't he the guy who was having an affair with another women while his wife was very ill? Kahn sounds like trash who just happens to be a good goalkeeper.
 
Keegan

Keegan

Yardie
In the next Fifa they should include a top-class Goalkeeper named "Olived Kahm" and hide his virtual face in the *.big file... then in the CC we could change it ourselves. I agree with personal rights and privacy and all that, but he could look at the bigger picture too - his being in the game increases his popularity, which inturn increases ticket sales for games he is in, which inturn allows his club to pay him the big bucks. He is being presented in a favourable way in the game, so it is not to his detriment in any way to be so presented. All his actions have effectively done, is to make thousands of his fans somewhat less so. But then again, he is nearing the end of his career, and if he should get injured tomorrow and suffer a career-ending injury, he will find more satisfaction and use for a nice, hefty settlement from EA, than from the adulation of fans worldwide.

btw - Guess who is going to pay that settlement? We are.
 
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