The lights are on
Yesterday we reported that EA had filed a request for dismissal from the suit brought against it and the NCAA over unauthorized use of athlete likenesses in licensed video games. Today brings another piece of that case coming to a close.
The Ninth Circuit Court of Appeals has determined that EA's appeal of a US District Court ruling will not stand. EA had claimed that use of player likenesses was protected under the first amendment.
EA's NCAA games display height, age, and weight, among other details. User created rosters that fill in the names to accompany the likenesses can be shared over EA's internal system completing the picture.
The case has been remanded back to trial to proceed. The next phase begins on September 5, 2013. The NCAA recently decided not to renew its licensing agreement with EA and will be stepping away from video games.
Our TakeThe first amendment defense is laughable. Actors, musicians, and other celebrities license their likenesses for use. There is no reason to believe that student athletes would be treated any differently. Put simply, you cannot use likenesses of people (regardless of their celebrity), especially in a commercial product, without their permission.
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Wow, when I read the EA found a defense and said they were only acting under the NCAA's guidelines, I was expecting some huge loophole in the agreement between EA and the NCAA. Instead, their defense was the first amendment? I'm not even huge on the legal system, and I could have told you that probably wouldn't work, lol
I think that these players need to get over it! I would be psyched to be in a video game and if they aren't psyched than they probably don't even play video games so they can just let EA use their height, weight, and some what of a facial look alike to keep the millions of people who play the game happy!
Hooray. We'll be killing two birds with one stone before long in this court case. First, we'll be killing off college football games. Second we'll be killing off college football for a couple of years.
Why you ask? It's quite simple. No company is going to continue making a college football game if they have to pay the players for it (118 FBS schools with over 100 players each, on average comes to tens of thousands of dollars if you pay each player $1).
As for killing college football, if we pay the players, they forfeit their amateur status. Thus if it is ruled that EA has to pay all players in the games, every college football player that accepts payment would be ineligible under NCAA rules, and would be unable to play.
Way to go America.
Elgarta is happy with this decision.
I love these type of EA articles! Brings a smile to my face. :)
Ouch EA is in another lawsuit. Things are looking gloom for EA.
So, how many more lawsuits in EA's future?