Home

NCAA Sam Keller vs. EA Update (Patent Arcade)

This is a discussion on NCAA Sam Keller vs. EA Update (Patent Arcade) within the EA Sports College Football and NCAA Football forums.

Go Back   Operation Sports Forums > Football > EA Sports College Football and NCAA Football
MLB The Show 24 Review: Another Solid Hit for the Series
New Star GP Review: Old-School Arcade Fun
Where Are Our College Basketball Video Game Rumors?
Reply
 
Thread Tools
Old 02-14-2010, 06:18 PM   #1
Editor-in-Chief
 
Steve_OS's Arena
 
OVR: 77
Join Date: Jul 2002
Location: OS Eastern Office
Posts: 31,602
Blog Entries: 556
NCAA Sam Keller vs. EA Update (Patent Arcade)

Patent Arcade has an update on the situation.

Quote:
"In this round of motions, EA argued that Keller’s claims were barred by the First Amendment and other possible defenses under California law.

As to EA’s First Amendment argument, the court stated that “[a] defendant may raise an affirmative defense that the challenged work is protected by the First Amendment inasmuch as it contains significant transformative elements or that the value of the work does not derive primarily from the celebrity’s fame. . . . The defense poses what is essentially a balancing test between the First Amendment and the right of publicity.” Slip. Op. at 6-7 (internal quotes and citations omitted).

With this standard in mind, the court determined that “EA’s depiction of [Keller] in ‘NCAA Football’ is not sufficiently transformative to bar his California right of publicity claims as a matter of law.” Slip. Op. at 9. In arriving at this conclusion, the court noted that the quarterback for ASU in the game shares many of Keller’s characteristics, as the in-game ASU quarterback wears Keller’s jersey number, has the same height and weight, and is purportedly from the same home state. Id."

Platform: Xbox 360 / PS3
Steve_OS is offline  
Reply With Quote
Advertisements - Register to remove
Old 02-14-2010, 06:42 PM   #2
Cade Cunningham
 
rudyjuly2's Arena
 
OVR: 75
Join Date: Aug 2002
Location: Kingsville, ON
Posts: 14,737
Blog Entries: 110
I see these lawsuits as big trouble. I think EA will have to create an open and online roster editor for people to share stuff easily because NCAA 12 will have totally crap and random rosters.
rudyjuly2 is offline  
Reply With Quote
Old 02-14-2010, 07:26 PM   #3
Sic 'em Bears!
 
BaylorBearBryant's Arena
 
OVR: 10
Join Date: Jun 2004
Location: Houston
Posts: 1,540
Blog Entries: 3
Thanks for the update Steve.
BaylorBearBryant is offline  
Reply With Quote
Old 02-14-2010, 07:28 PM   #4
MVP
 
prowler's Arena
 
OVR: 11
Join Date: Aug 2002
Location: Seattle, Wa
Re: NCAA Sam Keller vs. EA Update (Patent Arcade)

Keller won't give up, I'll give him that much. Too bad he didn't have this same determination when he was at ASU and Nebraska, we might not be dealing with this if he did.
prowler is offline  
Reply With Quote
Old 02-14-2010, 09:22 PM   #5
Pro
 
OVR: 16
Join Date: May 2008
Location: New York
Re: NCAA Sam Keller vs. EA Update (Patent Arcade)

Someone really wants to become one of the most hated figures in America.
__________________
MLB: New York Yankees
NCAAF: Michigan Wolverines

NCAAB: Cincinnati Bearcats
NFL: Houston Texans
NBA: New York Knicks

"Those Who Stay Will Be CHAMPIONS"-Bo Schembechler-R.I.P.
yanks26ngoin is offline  
Reply With Quote
Advertisements - Register to remove
Old 02-14-2010, 09:42 PM   #6
Rookie
 
OVR: 3
Join Date: Nov 2009
Re: NCAA Sam Keller vs. EA Update (Patent Arcade)

Quote:
Originally Posted by prowler
Keller won't give up, I'll give him that much. Too bad he didn't have this same determination when he was at ASU and Nebraska, we might not be dealing with this if he did.

Exactly, Keller was a douche in his short stay here in Lincoln. Thanks for this idiot being associated with Nebraska, Callahan.
SeaOfRed75 is offline  
Reply With Quote
Old 02-14-2010, 11:44 PM   #7
MVP
 
boisejames's Arena
 
OVR: 14
Join Date: Jan 2009
Location: Portland, OR
Re: NCAA Sam Keller vs. EA Update (Patent Arcade)

Quote:
Originally Posted by yanks26ngoin
Someone really wants to become one of the most hated figures in America.
I wouldn't go that far. No one besides hardcore NCAA gamers know about this lawsuit. No one besides hardcore college football fans/Nebraska or ASU fans know who he is.
__________________
NCAA: BSU/GONZ
NFL: SEA
NBA: POR
MLB: SEA
EFL: BHA
MLS: POR
boisejames is offline  
Reply With Quote
Old 02-15-2010, 01:30 AM   #8
Banned
 
IRISHFBFAN1's Arena
 
OVR: 8
Join Date: Feb 2009
Re: NCAA Sam Keller vs. EA Update (Patent Arcade)

Quote:
Originally Posted by yanks26ngoin
Someone really wants to become one of the most hated figures in America.
exactly right
IRISHFBFAN1 is offline  
Reply With Quote
Reply


« Previous Thread | Next Thread »

« Operation Sports Forums > Football > EA Sports College Football and NCAA Football »


Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



All times are GMT -4. The time now is 09:23 AM.
Top -