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.
Sleaker@CraigR been using Win8.1 for a while, I don't really see any usability difference between it and 7 (Work uses 7)10/01/2014 - 2:16am
Craig R.Ok, my internal debate was short-lived. If Win10 is still a year out, I'm not waiting that long for an SSD, so on Win7 I will remain.09/30/2014 - 7:52pm
Matthew Wilsonits called windows 10, and I am happy to get the start menu back.09/30/2014 - 7:18pm
Jessy HartIs this stuff about Windows 10 legit? Is it actually called Windows 10 or is it just some stupid joke?09/30/2014 - 6:57pm
ZippyDSMleeSo I been trying to play Bioshock Infinite I got all the DLC,ect but do not want the extras to make your charatcer over powered from the start.....they force you to take them which is quite annoying......09/30/2014 - 6:45pm
Craig R.I need to upgrade to an SSD, still seriously debating moving to Win8.1 from 7 at the same time09/30/2014 - 6:07pm
Craig R.Win10 is probably Win8.1 with more cleanup and the Start button back.09/30/2014 - 6:06pm
Sora-ChanAhh, it's just weird seeing someone's post all of a sudden have replies from days prior before it was posted due to that.09/30/2014 - 5:49pm
MechaTama31sora: I broke the ordering intentionally, as AE's and my conversation had squeezed the text boxes down to be quite slim. I replied to an earlier post of his instead of the one I was actually replying to.09/30/2014 - 5:46pm
MechaTama31So, 9 would have been the good one, but they are skipping it to do two crap ones in a row?09/30/2014 - 5:41pm
Sora-ChanSo, judging from the poll post for #gamergate, it looks like too many thread replies breaks the ordering of posts, as seen with the recent post from Infophile.09/30/2014 - 5:31pm
Andrew EisenOr no! It wasn't Y3K compliant. Microsoft thought it best to super future proof its OS and skipped straight to 10 which is Y3K compliant!09/30/2014 - 5:01pm
Andrew EisenJust tell them it wasn't Y2K compliant.09/30/2014 - 5:00pm
Craig R.Looking forward to having to explain to coworkers down the road what ever happened to 9 *sigh*09/30/2014 - 4:57pm
Craig R.2k was crap. XP was solid, 7 is good, 8.1 is actually really good once you make it look like 7 :)09/30/2014 - 4:52pm
Sora-Chan@MP As someone who has used each version of windows since 3.1... I prefer Vista over 7 for various reasons. The only thing I give 7 over Vista is preformance. They really screwed up a bunch of things when making 7. Also, XP was a pain. 2k was better.09/30/2014 - 4:13pm
Jessy Hart@E. Zachary Knight Is that show called Pac-Man and the Ghostly Adventures?09/30/2014 - 3:34pm
IanCWin 8 isn't bad, it just can't decide whether to be a desktop OS or a tablet OS.09/30/2014 - 2:40pm
IanCI think its a way of getting round giving it free to Win 8 users...09/30/2014 - 2:39pm
MaskedPixelanteWindows alternates between bad and good versions. XP was good, Vista sucked, 7 was good, 8 sucked, therefore 10 will suck, QED.09/30/2014 - 2:18pm
 

Be Heard - Contact Your Politician