Pecover vs. Electronic Arts is set to go to trial on September 14th in U.S. District Court in San Francisco, according to GamePolitics. At issue is whether or not EA has a monopoly after securing an exclusive EA-NFL-NFLPA deal that basically makes it impossible for 2KGames to keep making games like NFL2K.

The exact grievance is spelled out in a 48-page transcript of a November 4, 2008 pre-trial hearing. Pecover’s lawyer, Stuart Paynter, says gamers won’t buy football games that don’t carry the NFL brand and that EA has created an unfair market situation that drives up the cost of games. EA’s lawyer, Daniel Wall, says the market is larger than Paynter paints it and that Percover’s complaint isn’t “even close” to a viable claim.

The parts GamePolitics has pulled from the transcript make for pretty good reading. But my favourite part is where Judge Vaughn Walker leans toward letting the games speak for themselves:

THE COURT: I know absolutely nothing about video games, but how in the world would the quality of a video game be affected in this fashion?

MR. PAYNTER: Well, in the same way that, any time, Your Honour, a market becomes uncompetitive, there’s not the same incentive by the entity that’s monopolized the market to continue to invest in that product. And you know, I’m not a video game player, either, Your Honor… But my understanding is, you know, there are websites out there that review these games. And you know, we have alleged that, at the time, that the Take-Two game was widely viewed as a higher-quality game, presumably, Your Honour, in terms of the graphics.

THE COURT: Maybe that would be fun, a fun issue for us to decide or allow a jury to decide that. We could have a lot of fun in this case….

Later comes the epiphany:

THE COURT: So that means we wouldn’t have a jury trial. We would have a bench trial. It would be a lot easier to play the games.

MR. WALL: It would be, yeah. We would only need one machine. It would be much better. But we would have a bench trial where what? Your Honour is going to assess the relative quality of games before and after exclusivity contracts? That should be interesting.

THE COURT: I’m up for any challenge.

I’m glad that he is, because the more we see games being brought up in court cases, the more important it is for lawmakers to know what they’re talking making laws about. And if by some miracle the justice system did provide juries with game consoles for these trials, I’d never dodge jury duty again.

Spirited Courtroom Argument Highlights Madden Monopoly Case [GamePolitics]

Pro gamers went up against athletes at the Gillette-EA SPORTS Champions of Gaming Global Finals in Florida last Tuesday. The result? Total domination by the gamers.

Most of the star athletes were defeated in their own games. Tiger Woods went down before 52-year-old Tiger Woods PGA Tour 2009 world champ, Steven Ward. New Orleans Saints running back Reggie Bush was taken out by gamer Paul Glasgow in Madden NFL 2009. Orlando Magic guard Jameer Nelson lost a game of NBA Live to Steffon Dunlop — adding insult to his recent real-life injury on the court.

It didn’t go much better for all-star athletes who tried their hand at other sports games:

New York Yankees shortstop Derek Jeter tried his luck in FIFA Soccer but proved to be no match for Jose Miguel Morales Herrera (GT: CAPELLOOO) of Mexico. Before the match started, Jeter was asked if he was ready to begin. No, I just learned how to play this game five minutes ago, Jeter joked. Herrera said he would have rather played Tierra Henry but had a good time anyway. He let Jeter score in order to make it seem closer than it really was.

Aw, how sweet of him.

You can watch the Finals on Spike TV February 18.

Gamers dominate athletes in sports game competition

The dust has settled and the Pittsburgh Steelers again return to Pennsylvania with some lovely new Super Bowl rings on their fingers, as prophetically predicted by Madden NFL 09.

A yearly tradition, EA has been using the Madden football franchise to predict the outcome of the Super Bowl since 2004, when it forecast the New England Patriots defeating my beloved Philadelphia Eagles. As the folks at MTV Multiplayer so conveniently point out, over the past four years the prediction has been accurate three times, and the one time it was wrong involved the Green Bay Packers hiring a sorcerer. Well chalk up another win to Madden, as the 09 version of the game not only predicted the winner this year, it predicted the score within 2 points.

Last night’s game ended with a score of Pittsburgh Steelers 27, Arizona Cardinals 23 – honestly much closer than I had anticipated. And Madden’s prediction? Steelers 28, Cards 24. That’s verging on the spooky right there.

So is the prediction the result of the accuracy of Madden NFL 09’s player modelling, or simply a fluke? Did Madden take into account several bad referee calls for both sides? Did Madden NFL 09 stop and chuckle at the hilarious antics of simulated E-Trade babies, or was this entire post an excuse to point you towards that one commercial? Only Madden knows for sure, and he probably forgot.

With the economy in a rut, it’s hard to justify fabulous Super Bowl bashes when companies are bleeding cash and slashing headcount. But Electronic Art’s is proudly soldiering on with its festivities, Madden Bowl-style.

The publisher is just one of a handful of corporate entities going all out at Super Bowl XLIII with Madden Bowl XV, a select group of party hosts that includes dude-centric media outlets like Maxim and ESPN. EA’s annual, invite-only event pits NFL players against each other in the latest edition of the game, whilst freeloaders enjoy free snacks and booze.

EA’s plan to throw a Madden-pimping party “was never in question,” according to EA Sports bossman Peter Moore, reports CNBC. Madden Bowl XV goes down this Thursday in Tampa, Florida, 90 miles southwest of Madden NFL developer EA Tiburon, which recently saw cuts.

Sure, cash-blowing parties like Madden Bowl are probably harder to justify if you’ve just been given walking papers from Tiburon, or almost any EA developer. But one would think that with over 5 million copies of Madden NFL 09 sold last year, they’ve worked the party fund into the budget.

Where Have All The Super Bowl Parties Gone? [SportsBiz]

The Arizona Cardinals may have gotten lucky last weekend against my beloved Eagles, but now comes vindication as the Pittsburgh Steelers win Super Bowl XLIII…in Madden NFL 09.

Upgraded with each team’s current roster and the latest stats, the two teams took the virtual field and fought bravely for the coveted Super Bowl ring, but when the dust finally settled the Steelers came out on top, inching by the Cardinals to a 28-24 victory. Somewhere, in a game of SimCity modeled after the Pennsylvania town, tiny virtual people are rioting joyously in the streets, while Phoenix slowly returns to the tumbleweed strewn wasteland they were before they accidentally made it to the big game.

EA SPORTS PREDICTS SUPER BOWL XLIII CHAMPION USING MADDEN NFL 09

January 23, 2009 — Black and gold will reign supreme in Tampa Bay, according to the official EA SPORTS simulation of Super Bowl XLIII by Madden NFL 09. According to the award-winning video game, the Pittsburgh Steelers will win an unprecedented sixth Super Bowl title in a tightly contested game against the Arizona Cardinals, by a final score of 28-24. Holding off a fourth quarter comeback by the Cardinals, the Steelers bring the Vince Lombardi trophy back to the Steel City for the second time in the past four years and for a sixth time in franchise history, setting an NFL record.

Madden NFL 09 is the most authentic and adaptable game in sports video game history, and utilizing each team’s current roster and the latest player statistics, EA SPORTS matched the Pittsburgh Steelers and Arizona Cardinals in a simulation of Super Bowl XLIII. Ben Roethlisberger threw for 3 touchdowns and was named the Super Bowl MVP; joining teammate Hines Ward who was the Super Bowl XL MVP. Steelers coach, Mike Tomlin, became the youngest coach in NFL history to win a Super Bowl, at the age of 36.

The start of Super Bowl XLIII became a defensive struggle, but Pittsburgh put the first points up with a 10-yard touchdown reception to Santonio Holmes, with less than two minutes left in the first quarter.

The Cardinals returned the favour with their reinvigorated running game as Edgerrin James diced through the vaunted Steelers defence with 8-yard touchdown run, near the start of the second quarter. Pittsburgh, showing great balance, quickly swung the momentum in their favour with two consecutive touchdowns – a 10-yard scamper by “Fast” Willie Parker, and a 13-yard strike to Hines Ward. The Steelers headed into halftime with a 21-7 lead and the route appeared to be on.

Despite their high-powered air attack, Arizona coach Ken Whisenhunt, kept to the successful running attack as the third quarter opened. The Cardinals made a statement as again they punctured the Steel Curtain with an Edgerrin James 14-yard touchdown run; drawing the score to 21-14. The Steelers, unfazed, looked like they had potentially put the Cards down for good with Santonio Holmes’s second touchdown reception. At the close of the third quarter, the score was 28-14 in favour of Pittsburgh.

Taking a page from the Steelers defence, the Cardinals held tough and would not surrender any additional points. This coupled with Pro-Bowl receiver, Larry Fitzgerald’s 15-yard touchdown catch midway through the 4th, brought the Cards within seven points. Neil Rackers added a 45-yard field goal with 3:15 remaining in the game, closing the gap to 28-24. On the following possession, Pittsburgh was able to break through for a few first downs; leaving the Arizona comeback short.

Super Bowl XLIII kicks off Sunday, February 1 at Raymond James Stadium in Tampa, Florida.

University of Kansas wide receiver Dezmon Briscoe has had an amazing year, with 78 catches for a school record-breaking 1,206 yards and 12 touchdowns. His secret weapon? Madden NFL 09.

In an interview with the Kansas City Star, KU’s Briscoe explains that improvements between Madden 08 and Madden 09 were the key to his performance on the field.

“I’d have to say the updated Madden 2009,” Briscoe said. “In Madden 2008, they didn’t really roll their coverages as much…I mean, I play Madden a whole lot,” Briscoe explained. “They roll their defenses now. The game systems these days are just crazy. Me playing Madden, it helps me read the defence on the field.”

So instead of going to the film room to watch endless replay reels, Briscoe heads over to teammate Rell Lewis’ dorm room to play video games. I smell a future Madden cover athlete in the making.

Video game helps Kansas’ Briscoe improve on the football field [KansasCity.com]

That’s not to say Madden NFL 09 is a failure or a warmed-over roster update. It is by any objective measure the best version of the game since Madden ‘05, which was the game’s apotheosis on 2nd-generation consoles. Madden 09’s outstanding presentation will please lifelong adherents, and its remarkably accurate replay analysis will educate newcomers and encourage those returning to the series. Foundationally, this version begins the title’s next generation. But in gameplay, it takes safe but incremental steps toward the classic, impossible goal of a sports title: Creating realistic competition that is challenging yet winnable. If you are not an experienced player, Madden ‘09 skews toward winnable, but it doesn’t leave you feeling like you played your best.

Loved:
Backtrack: A mistake play brings up an animated breakdown that points out the error you made and exposes the alternatives you had. It’s remarkably accurate for a first effort. A sports simulation really shines when it teaches people something about the game as it is played in real life. Madden ‘09 has always led that effort, and takes another strong step forward with this feature.

Rewind: As a single-player device only, this is a great addition. Rewind allows you a do-over for one particularly egregious play (or more, depending on your settings). Its purpose is to save perfectionists from themselves and keep them playing the game rather than starting over.

Improved ball-running controls: Beginning this year, when a tackle animation starts you can lay on the buttons or the right stick to spin, stiff-arm or sprint loose from the tackle. In time you’ll develop your own go-to set of control choices. Fighting for your yards is a rewarding feeling and deepens the game’s authenticity.

Cris Collinsworth: Widely considered the class of NFL analysts, he is no less than that on Madden 09. His familiar, natural delivery is a part of every play and it matches well with the onfield action. Collinsworth will also startle you with his accuracy in the Backtrack commentary, especially when he says you were staring at a single receiver the entire time. Collinsworth, in substance and style, is more than a good analyst. He’s an upgrade from Madden himself.

Presentation: When the franchise calendar hits November you’ll play with long shadows under foot and leaden skies overhead, and it lends a different quality of light to the turf and the stadium surroundings, especially when the lights are on at twilight. After four quarters of rain, your uniform will be unidentifiably filthy. All it lacked was dirt clods in your face mask. In post-play animations players help each other up, swoop to and run with dislodged balls after the whistle, or shove and jaw at one another. All of these things extend the immersive experience striven for and built on in previous versions of the game.

Hated:
Adaptive difficulty: I don’t literally hate the concept, certainly don’t think it should be stripped from future versions, but I’m not sold yet on the idea that Madden 09’s AI really adapts to your skills. Online single matches tended to come down to the final two series and not a one of them came close to being the kind of well played epic you imagine when the game is decided on the final drive or in overtime. It’s like the football equivalent of a “My kid is a terrific kid” bumper sticker. The diagnostic tests that set your “Madden IQ” at the beginning of the game are way, way too easy. My original tests put me as an all-Madden level runner and I am nowhere near it. You’re inevitably starting the game overrated in one or more categories, and failing at it to bring your AI down to a more reasonable level is both time consuming and not fun. You’re better off sandbagging your diagnostics and letting your Madden IQ rise and fall according to your in-game performance, or just playing on its standard pre-set difficulties. In conversation, online gamers to a man expressed no confidence in or understanding of how Madden IQ either moved or affected gameplay beyond anecdotal assumptions.

Tom Hammond: The new play-by-play man is not at all natural in this environment. The substance of his call is very generic, routinely omits players’ and team names, and his tone is almost always mismatched to the play or the circumstance. Even the between-plays endorsement of EA Sports is off. He needs work, because right now he sounds like C3PO.

Artificial Stupidity: This is nothing new, and is perhaps more of a concern for singleplayer than multiplayer. But the offensive line’s AI is still, year after year, utter crap. Draw plays and screen passes are useless, making obvious passing downs even more obvious. Defenses are helpless against the slant route. But the game really is long overdue for better offensive line play. I would have no problem if the Madden 10 cover boy was Alan Faneca or Matt Light or Jeff Saturday and the game touted revolutionary offensive line AI and pre-snap adjustments, which seem entirely gratuitous as of now. But linemen don’t sell video games.

Madden ‘09 offers to date the most inclusive experience ever for a sport so complex and inscrutable as American football. But it’s based entirely on execution, when so much of the game is about decision-making before the snap. The game has always been given to information overload and a myriad of choices that lack context. Still, longtime gamers have coped with that for years, developing their own systems; neophytes won’t really care and will accept the spoonfeeding; and those coming back to the series after a few years will get a warm welcome from the game’s AI and find strong value for their dollar.

But you get what you give to this game, and if you are expecting Sunday afternoon realism, you still need to give a lot to help create that experience.

Madden ‘09, developed by EA Tiburon, published by EA and released Aug. 12. Retails for $US 59.99. Versions available on PlayStation 3, Xbox 360, PlayStation 2, Xbox, Wii, Nintendo DS and PSP. Reviewed on Xbox 360. Played singleplayer franchise mode for a complete season into the playoffs and played online multiplayer single-game mode.

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GameDaily
To further assist your play style, EA added EA Rewind and EA Backtrack. Rewind allows you to erase a play in case you screw up with an interception or fumble. Cheaters are sure to squeal in delight over this addition, while devoted players will turn it off. Backtrack is more helpful, with Cris Collinsworth and Tom Hammond, the in-game announcers, breaking down certain plays to tell you what went right or wrong.

GameSpot
Just as there are plenty of good things to talk about with regard to 09’s gameplay, there are some problems worth mentioning. Slants and crossing routes are exceedingly difficult to defend against. The linebackers who could snag almost any ball out of thin air last year were annoying, but so is watching a lousy QB and below-average tight end pick you apart like they’re Peyton Manning and Dallas Clark. It’s not all fun and games for QBs and receivers though. Quarterbacks will frequently overthrow passes in the flat so that they lead receivers right out of bounds or receivers will get stuck in an animation and, head to the sidelines, lose yards, or run right into a tackler.

Associated Press
One of the problems in a series with so much history is that it can be somewhat daunting to a newcomer. Many of the new features in “Madden 09″ are geared toward helping the novice. For example, play selection can be as simple or as deep as you want it. At the easiest level, the computer will select your plays for you. Later on, you can arrange your playbook by play type (power run, quick pass) rather than by sometimes confusing formations like Z slant wide corner or double Z LB spy.

1UP
A perfect example of the upgrade: Beautifully realised snow games — a quantum leap from the pseudo-sleet that passed as powder in recent years (though why do footsteps stay in the snow, while tackled players leaves no trace?). The rivalry games (Giants vs. Cowboys or Jets vs. Patriots, for example) receive a different, more epic visual treatment than regular games, which seems a tad overdone — during a Broncos vs. Chiefs clash in the rain, the jerseys were so muddied and the lighting so dramatic that it was tough to tell the sides apart.

G4 X-Play
With EA owning the NFL licence till 2012, they could have easily milked the franchise with minor tweaks and the occasional roster update till their deal expired. Madden NFL 09 actually reinvents the series with upgrades to previous modes as well as the introduction of new ones like Madden IQ, Online Leagues, and Madden Moments. The new commentating team, Backtrack replays, soundtrack, and improved graphics really packs that extra punch of realism making this game a must buy.

While I still haven’t even opened my copy of Madden NFL 09, I’ve heard it’s very nice.

We checked out Sam’s prices for the games after receiving the news, and they do offer a nice little discount. The PS3 and Xbox 360 version are going for $US 55.55 ($US 83.22 for the collector’s edition), with the PS2 and PSP versions marked at $US 36.33, the Wii version at $US 46.66, and the DS version a bargain at $US 26.66. All this plus a free cover replacement while you wait? None too shabby.

Update – Just got word from Walmart that they’ll be printing covers on-site as well, though the games are regular price and you don’t get a Walmart card with your picture on it – that’s reserved for managers.

And of course, Electronic Arts is quick to point out that this Madden is a keeper.

“Madden NFL 09 truly embodies the rich history of Madden NFL football,” said Senior Producer Phil Frazier. “With adaptable gameplay, stunning visuals, and beyond broadcast presentation this game is a fantastic and competitive experience for all types of gamers.”

Personally, I’m not much of a sport fan which means I’m also not much of a video game sports fan, but despite that I play a bit of Madden every year when it comes out and, more importantly, I enjoy it.

Before sitting down to the latest Madden I always think, sometimes even write, that this year’s Madden can’t be worth the price of admission, that it can’t possibly squeeze anymore nuance into a game that’s been recreated 19 times before. And every year I’m surprised to find just enough difference to make it worth while.

This year the game promises 85 new enhancements including a Virtual Training Centre, Adaptive Difficulty Engine and of course another boost to graphics.

But is it worth it? I haven’t yet sat down to see this time around, but have you or are you planning on buying Madden 09?