Former Rutgers Player Loses Lawsuit Against EA

September 12, 2011 -

A lawsuit filed by former Rutgers University quarterback Ryan Hart has been thrown out of the Trenton, New Jersey U.S. District Court on the grounds that Electronic Arts was exercising free expression under the First Amendment. Hart had alleged in his lawsuit (Hart v. Electronic Arts Inc et al, U.S. District Court, District of New Jersey, No. 09-0599) that Electronic Arts has used his image in its NCAA Football video game without his permission.

U.S. District Judge Freda Wolfson said on Friday that the publisher's right to free expression under the First Amendment outweighed former quarterback's right to control the use of his name and likeness.

Elizabeth McNamara, the lawyer that represented Electronic Arts in the case, said EA is pleased with the decision, claiming that it "validates Electronic Arts' rights to create and publish its expressive works."

Hart's lawyer, Keith McKenna, made no public comment on the decision. We also do not know if Hart plans to take the lawsuit to a higher court or if he has given up.

while EA has prevailed in this particular case, more are pending related to the NCAA license. NCAA players' biggest complaint is that the NCAA strips them of their rights to be compensated while playing college sports, while they ink lucrative contracts with EA and are richly rewarded - even while trading on the likenesses of players across the country.

Source: Reuters Canada


Comments

Re: Former Rutgers Player Loses Lawsuit Against EA

So using someone else's name and likeness in a game is protected by the First amendment.

I wonder if this will be used as a precedent for other lawsuits, like the No Doubt vs Rockband or guitar hero, whichever it was.

 

 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
ZippyDSMleeIanC: Not really but if that keeps you warm at night then well...its not me dealing with all that hatred daily :P04/01/2015 - 4:57pm
ZippyDSMleehttp://arstechnica.com/gaming/2015/03/it-felt-like-robbery-tomb-raider-and-the-fall-of-core-design/04/01/2015 - 4:55pm
james_fudgeIanC: or she doesn't like to be called every name in the book.04/01/2015 - 4:51pm
Matthew Wilson@IanC I may not like her work, but I recagnize that people were harassing her in the comets, so no I do not blame her for clossing them.04/01/2015 - 4:49pm
IanCAnitia Skeeter won't allow comments because she doesn't like debate.04/01/2015 - 4:46pm
Sora-ChanTestTube did a video on the Trans-Pascific Partnership https://www.youtube.com/watch?v=7W4Zc55pCtY04/01/2015 - 4:06pm
ZippyDSMleepicking up The Feminist Wire , Mary Sue and Feminist frequency , a shame FF had to close down comments, I tend to drop anyhting that dose not allow comments these days but as seeing how much spam and trolling they get I will it slide.04/01/2015 - 4:03pm
ZippyDSMleeOkay now that I can understand, I was focusing on total outcome not just reinforcement.So its about reinforcement of poor feelings/behavior than anything else..now I get it....uhg forest for the trees.....04/01/2015 - 3:51pm
Andrew EisenBut again, to be clear, that does not mean consuming violent media will make you violent.04/01/2015 - 3:46pm
Andrew EisenZippy - Not totally sure what you're getting at but it's the same idea that when our fiction is full of stories where violence is the solution to everything, it helps reinforce the idea that violence is the answer in real life.04/01/2015 - 3:46pm
Andrew EisenAlso, just in case anyone wasn't clear on this, Sarkeesian's argument in her latest video is that we "need more women-centric stories of all kinds." That's it.04/01/2015 - 3:44pm
ZippyDSMleeAndrew Eisen Okay so would that be like violence something that has a loose tie to the real world, or would that be an oversimplification?04/01/2015 - 3:43pm
Andrew EisenThe Mary Sue reports on all kinds of fun, geeky stuff from news to movies, video games, comics, science and more.04/01/2015 - 3:42pm
ZippyDSMleeAnyone know of any fun/comedic feminist blogs that keep up with news?04/01/2015 - 3:42pm
Andrew EisenYes, kind of. Repeatedly hammering home that men are the default and women are the exception can help reinforce that idea in real life. Does that mean playing fantasy games staring male leads is going to make an individual a raging misogynist? No.04/01/2015 - 3:41pm
ZippyDSMleeThe trouble wiht twitter and FB is they give inconstant updates to those you follow and RSS feeds never worked well for me, guess I will put in my news stuff and skim it like the rest when I have time..04/01/2015 - 3:38pm
ZippyDSMleeAndrew Eisen:So a wide use of generic tropes about male leads makes it easier for males to dominate females, and females feel lesser beings in real life?04/01/2015 - 3:36pm
E. Zachary KnightZippy, they have an RSS Feed, Twitter, Facebook, and Tumblr. All links are in the side bar of their site: http://www.feministfrequency.com/04/01/2015 - 3:35pm
Andrew EisenZippy - It has an RSS and a presence on Twitter and Facebook.04/01/2015 - 3:33pm
Matthew WilsonGoogle's April fools in play pacman on google maps http://www.forbes.com/sites/erikkain/2015/04/01/the-best-places-to-play-pac-man-on-google-maps/04/01/2015 - 3:32pm
 

Be Heard - Contact Your Politician