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Old 08-06-2014, 03:31 PM   #163
Sheba2011
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Re: Madden NFL 15 - Connected Franchise Deep Dive

Quote:
Originally Posted by mmorg
That might be what the lawsuit says from the prosecution's perspective, but what did the judges actually legislate their decisions on? Find that and get back to me. It has been ruled in numerous courts, and is displayed evidently in games like OOTP and FOF, that people do not own the rights to their names and only their likeness.
Here's the 9th circuit court of California's opinion from their ruling in which they rejected EA's first amendment defense (the same defense those other cases used):

"In NCAA Football, EA seeks to replicate each school's entire team as accurately as possible. Every real football player on each team included in the game has a corresponding avatar in the game with the player's actual jersey number and virtually identical height, weight, build, skin tone, hair color, and home state. EA attempts to match any unique, highly identifiable playing behaviors by sending detailed questionnaires to team equipment managers. Additionally, EA creates realistic virtual versions of actual stadiums; populates them with the virtual athletes, coaches, cheerleaders, and fans realistically rendered by EA's graphic artists; and incorporates realistic sounds such as the crunch of the players' pads and the roar of the crowd.

EA's game differs from reality in that EA omits the players' names on their jerseys and assigns each player a
home town that is different from the actual player's home town. However, users of the video game may upload rosters of names obtained from third parties so that the names do appear on the jerseys. In such cases, EA allows images from the game containing athletes' real names to be posted on its website by users."
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