Court Rules EA's Use of College Athletes Not 'Artistic Expression'

[RaychelSnr]

The 'other' college athlete lawsuit against EA Sports has suddenly received new life as a Federal Appeals Court struck down a decision that said EA Sports had First Amendment Rights to college athlete likenesses via artistic expression.

In a 2-1 decision, the suit now has new life and will likely continue to move up the courts.

From the Kotaku Article: "The digital Ryan Hart does what the actual Ryan Hart did while at Rutgers," wrote Judge Joseph Greenaway, for the 2-1 majority. "He plays college football, in digital recreations of college football stadiums, filled with all the trappings of a college football game ... [t]he various digitized sights and sounds in the video game do not alter or transform the appelant's identity in a significant way."

Hart's complaint is similar to the Ed O'Bannon and Sam Keller case which is currently at the Federal Level and which is expected to reach the Supreme Court eventually. Keller and O'Bannon's case will get a class action certification ruling in the coming weeks. If the class action suit is certified, all players past and present who have had likenesses in college sports video games could stand to receive some compensation and the fundamental structures of the NCAA could be forced to change. College sports video games themselves would be financial jeopardy at that point as well.

Needless to say, both EA and the NCAA have legal departments working a lot of hours these days.

[brahmagoul]

I highly doubt anyone bought NCAA football to play as Ryan Hart.

[ranman1982]

There is an easy way to fix this problem. EA and the NCAA put a set percentage of profit into a bank account. When a player is done with college, no matter what position, gets a check in the mail for their participation in the game.

[ajaxab]

Brahmagoul beat me to it. Cue the next comment about that washed up scrub Sam Keller...

This has nothing to do with Ryan Hart or Sam Keller. It's about the fundamental question of whether the NCAA has the right to generate obscene profits from so-called 'student-athletes.' It's about the asymmetrical power relations between the NCAA and the athletes who work to line its pockets. Blaming Hart or Keller is a red herring in this argument.

[IlluminatusUIUC]

Quote: Originally Posted by ranman1982

There is an easy way to fix this problem. EA and the NCAA put a set percentage of profit into a bank account. When a player is done with college, no matter what position, gets a check in the mail for their participation in the game.

That's neither easy nor a complete fix.

[footballfan41]

I never thought one thing bout a player when buying Ncaa,.. I hope and pray that EA Wins this one hands down,... if our courts ends up ruling against EA for artistic expression,...It will show that ANYONE can sue Anyone for Anything and WIN,....Heck some of us gamers should say that EA used our likeness in a game, and sue THAT A WHOLE LOT OF BS!!!!!!!!! if you ask me,..

[footballfan41]

guess only way he can make money, cause if and if he does the NFL he will be a flop,..and if i was the NFL i would not let no one that sue in anyways....

[dghustla]

Growing up I was a huge Ed O'Bannon Fan enjoyed watching him in college. Now that he has squandered his chance in the NBA and blew all his money he is desperately trying anything he can to get easy $. He was given a free education to a top university and did nothing with that. The fault is his own. I don't think the NCAA or EA owes this guy anything. UCLA already provided Mr. O'Bannon with $129,660+ in education not even factoring in medical treatment, travel expenses, sporting equipment, etc. Ed I think it's time to get a real job bro.