NCAA Sam Keller vs. EA Update (Patent Arcade)

[Steve_OS]

Patent Arcade has an update on the situation.

"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."

[rudyjuly2]

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.

[BaylorBearBryant]

Thanks for the update Steve.

[prowler]

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.

[yanks26ngoin]

Re: NCAA Sam Keller vs. EA Update (Patent Arcade)

Someone really wants to become one of the most hated figures in America.

[SeaOfRed75]

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.

Exactly, Keller was a douche in his short stay here in Lincoln. Thanks for this idiot being associated with Nebraska, Callahan.

[boisejames]

Re: NCAA Sam Keller vs. EA Update (Patent Arcade)

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.
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[IRISHFBFAN1]

Re: NCAA Sam Keller vs. EA Update (Patent Arcade)

Someone really wants to become one of the most hated figures in America.

exactly right

[aimiami]

ok hes the only guy to complain about this
so the choices are to make this 1 guy happy or just IGNORE THIS THING. i dont see anybody else complaining about this "problem"

[moylan1234]

Re: NCAA Sam Keller vs. EA Update (Patent Arcade)

there have been others Ed Obannon's got something going too

[wrigleyville33]

Re: NCAA Sam Keller vs. EA Update (Patent Arcade)

I don't understand, I'm sure pretty much everyone who plays real ncaa football loves to see themselves portrayed in the game.

[elgreazy1]

Yes, but not every player who plays likes to have money made off of him without any benefit to the player. That's what Keller is arguing for. It's basically identity theft and the theif is making millions.

[chicubsfan20]

Re: NCAA Sam Keller vs. EA Update (Patent Arcade)

Yes, but not every player who plays likes to have money made off of him without any benefit to the player. That's what Keller is arguing for. It's basically identity theft and the theif is making millions.

Not to ruin what he's trying to do, but what if he had made the NFL? And was able to have a professional career there? Do you think he'd still be going after the NCAA then?

Maybe this is a money figure. But I don't truly know.

Not trying to say anything about him, just throwing this point-of-view out there.

[BroMontana82]

keller is a selfish pr!%k

[videlsports]

I belive if sam keller would have made the NFL this would not be an issue. During his time in college, he probably bragged about being in a video game, and also purchased the game with him on it. It was a bagde of honor. The players that complain about this while they are in college or shortly after graduating that complain might have a good case. Not because I did not make it in the NBA/NFL. These guys probably slacked off in class, though that their athletic ability would take them everywhere in life and found out the hard way, that it takes hard work in all aspects of life to be successful. An education at any of these schools for free or partial scholarship would be a blessing to anyone now. Just leave classic rosters out and this will die down quick.