Jens

There are two things that I have to eternally thank my love for football simulators: locating places on the map and being familiar with a good part of the new talents that emerge in the quarries. I got off this annual roulette a long time ago, when the textures of the grass or the expressions of the players were not so important, but their faces were already well understood and you could recognize them thanks to the transfer of image rights, a tricky and lucrative topic even at that time. And for example, a button: Oliver Kahn’s. The name of the legendary goalkeeper of Bayern Munich and the German national team in the 90s and early 2000s disappeared from soccer games to return almost a quarter of a century later, it became an icon to close one of the longest and most curious legal disputes. Oliver Kahn’s lawsuit. Coincidentally, while searching for images of the special FIFA game for the 2002 World Cup, I found in the Xataka newspaper archive it is which illustrates the cover of this article and which is great for us. Because it was just then that the German goalkeeper filed a lawsuit against EA for image appropriation, as stated in the Ace article of the time: He believed that they were commercializing his identity without having given his permission or receiving compensation for it. The video game company faced a fine of up to 250,000 euros or up to six months in prison. Why is it important. This trial changed the rules of the game because it showed that video game companies cannot use the image of a famous athlete without their direct permission. In fact, it marked a before and after: from then on companies had to be much more careful with contracts, thus preventing big brands from taking advantage of the fame of footballers for their faces. After all, Kahn was a pioneerbut it could have been the tip of the iceberg of a barrage of similar lawsuits, such as explains the law firm Pinsent Masons. Context. It was the 2000s when football games began to look very real and in that image quality significantly improved compared to that FIFA 94 original Having the real names and faces of the stars was a powerful and attractive selling point. EA had signed agreements with FIFPro to be able to use player identities en masse, so in the hit FIFA series were represented virtually 800 players from 40 countries. The problem? That the union did not have the rights of everyone. It was one of the first train wrecks between the ambitions of a huge American technology company versus European privacy laws. Kahn 1 – EA 0, So titled Der Spiegel the goalkeeper’s victory in the German courts in 2003, ruling that the agreement that EA had with the FIFPro union did not cover the use of Kahn’s image, since the goalkeeper was not part of that organization. But it was more a moral victory than a practical one: Kahn managed to stop the distribution of the 2002 FIFA World Cup, but by the time he won, EA had already launched FIFA 2003. In fact, the goalkeeper tried to make ads featuring a blonde goalkeeper disappear, but the judge dismissed the petition: “Not all blonde goalkeepers are Oliver Kahn.” EA removed Kahn from the national team but kept him as Bayern’s goalkeeper under a separate agreement with the German league. The most striking thing is what happened next: to avoid any problems, the character based on Kahn was simply called “Jens Mustermann”, the equivalent of a completely generic and anonymous name like John Doe. Paradoxically, that name bears quite a similarity to that of Jens Lehmannthe goalkeeper who sent Kahn to the Mannschaft bench in the 2006 World Cup. Yes, but. Kahn won, but did not convince: The director of EA Germany stated that FIFA 2003 would still be on the market and that the new contracts were “even more solid” than before. EA did not change its business model: it continued to use block licenses and continued to operate normally. Kahn was absent from EA video games for years and It was not for legal reasons, but because he did not want to negotiate with them again. It has been now, with nostalgia and the evolution of modern game modes based on micropayments, when it has returned in the form of ICON card in EA Sports FC 26 actively participating in promotions and profiting from it. In Xataka | The most important thing about the ‘FIFA’ games was that they were called ‘FIFA’: EA is proving the hard way the weight of a franchise In Xataka | It’s World Cup time and millions of fans will pay for it with sleep: the graph that shows which countries suffer the most from FIFA’s schedules