EA Wins Dismissal In NCAA Player Likeness Suit, Puts Dent in Sam Keller Case

[Steve_OS]

EA has won the Ryan Hart NCAA player likeness suit and puts a dent in the Sam Keller case.

Head on over to Gamasutra for the details.

U.S. District Judge Freda Wolfson accepted EA's arguments that its First Amendment right to free expression overruled the privacy rights of Hart and other NCAA players to protect use of their name and likeness.

While EA's NCAA Football 2006 didn't refer to Hart by name, his lawsuit pointed out that the "virtual QB" for Rutgers in the game shared Hart's general appearance, attributes, uniform number, height, weight, visor, home state, and even a distinctive left hand wristband Hart wore.

[Aph0ticShield]

Re: EA Wins Dismissal In NCAA Player Likeness Suit

That's good news for roster makers.

EDIT: Does this suit mean that they can put names in the game now?

[Bullet Sponge]

Re: EA Wins Dismissal In NCAA Player Likeness Suit

This is fantastic news for EA. The ruling doesn't deny that EA used the player likenesses (without names) but says it was within their rights of free speech to do so. This opens the door for EA to go back to putting in players that are identical in all but name. Heck perhaps even names?

"U.S. District Judge Freda Wolfson accepted EA's arguments that its First Amendment right to free expression overruled the privacy rights of Hart and other NCAA players to protect use of their name and likeness."

[Hooe]

Re: EA Wins Dismissal In NCAA Player Likeness Suit

That's good news for roster makers.

EDIT: Does this suit mean that they can put names in the game now?

No, that's still against the terms of agreement between EA and the NCAA.

[aholbert32]

Re: EA Wins Dismissal In NCAA Player Likeness Suit

That's good news for roster makers.

EDIT: Does this suit mean that they can put names in the game now?

No it just means that they can continue to do what theyve done in the past.

[nolan273]

That hurts all such suits against EA Sports. It could potentially dismiss EA from the Sam Keller suit, as well. Ed O'Bannon still has the best case, IMO. I don't think he named EA Sports in his lawsuit...

It's really good news for fans of college football video games... Now if EA could rid the game of all the glitches and bugs...

[Sundown2600]

Re: EA Wins Dismissal In NCAA Player Likeness Suit, Puts Dent in Sam Keller Case

Good news for EA and gamers but I do understand the position of some of these players.

I remember the PS2 days when star players on NCAA really did closely resemble their real life counterparts. I remember Timmy Chang the Hawaii QB being in the game and you can tell that EA went out of their way to make him look Asian. The face detail of some star players from last gen was actually better than now as far as resembling real players, but it's obvious that this suit caused EA to change their approach. Hopefully after this ruling maybe they can get back to making the star players faces look closer to real life.

[Herky]

Re: EA Wins Dismissal In NCAA Player Likeness Suit, Puts Dent in Sam Keller Case

Good news.

Too bad Sam Keller didn't try to put this much effort into being a good QB after college.

[EnigmaNemesis]

Re: EA Wins Dismissal In NCAA Player Likeness Suit, Puts Dent in Sam Keller Case

Does this mean they can make the minor league players in The Show look just like them down to every detail, but have different names?

[12]

Re: EA Wins Dismissal In NCAA Player Likeness Suit, Puts Dent in Sam Keller Case

Does this mean they can make the minor league players in The Show look just like them down to every detail, but have different names?

I hope so.

[acreyman]

Figures. Again.....this would effect everything that has a players name on it including jersey sales,like "Teebow" Florida jerseys, or School calenders with thier pics on them. I am glad this is about to die out.

[Gramps91]

Good now when they make another NCAA Basketball title I'll be happy

[Leon Sandcastle]

Re: EA Wins Dismissal In NCAA Player Likeness Suit, Puts Dent in Sam Keller Case

Sam Keller can suck it!

If Keller won I think that would of been the last of NCAA Football so glad they resolved the problem

[JerseySuave4]

While the video game fan in me is happy about this, i still gotta side with the players on this one. If it were us we'd be pissed too that schools and corporations cash in from using the likeness of players. Because think about it, if someone uses, lets say Kim Kardashian's image without her permission, she'd sue and win. But if Oregon sells LaMichael James posters with his image on it, he can't do anything about it.

[JerseySuave4]

"In the 2010 ruling, Wolfson said that the validity of EA's first amendment defense "depends upon whether the video game is considered commercial speech or an artistic work." The U.S. Supreme Court ruled in June that video games are expressive works that do indeed merit full first amendment protection.

EA lawyer Elizabeth McNamara told Reuters she thought the ruling "validates Electronic Arts' rights to create and publish its expressive works."

The ruling may have implications for similar, ongoing cases brought by Arizona State quarterback Sam Keller and former Cleveland Browns player Jim Brown. Both of those cases are currently being appealed to the federal Ninth Circuit Court. "