NCAA Football 11 News Post

NCAA Sam Keller vs. EA Update (Patent Arcade)

06:18 PM - February 14, 2010 by Steve_OS

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."

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Member Comments

# 61 ODogg @ 07/14/10 04:52 PM

oh ok, that makes sense. i still don't think he'll win, EA and the NCAA have more money than God and probably the best attorneys that it can buy. it'll be dismissed IMO.

# 62 marxshut @ 02/27/14 12:12 PM

http://www.cnn.com/2014/02/26/us/ill...ion/?hpt=us_c1

There was much scoffing at my prediction of college athletes unionizing in this thread. My prediction was within the decade, it may only take 4 years pending the outcome of this case.

However if there was a union with collective bargaining with the universities it could revive a college football game.