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.

 

 
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quiknkoldAndrew : I dont accept any worded apology unless I can look the person in the eye when they say it. For me, he'd either have to make a video so I could read his bodylanguage, or actually do something. actions speak louder than words.10/20/2014 - 8:04pm
quiknkoldwell if they are looking for social pollution, Twitter is a great breeding ground for it. Its a breeding ground for deviance.10/20/2014 - 8:03pm
Andrew Eisenquiknkold - He had three tweets worth of apology the following day.10/20/2014 - 8:00pm
quiknkoldyou know, people keep saying Biddle's comment was sarcasm, but the thing is, Sarcasm doesnt translate well in Tweets. I took his words as really hateful, and unless I see an honest apology, I'm not going to be happy with him.10/20/2014 - 7:38pm
Matthew WilsonI doubt it will change much.10/20/2014 - 7:21pm
MaskedPixelantehttp://www.bbc.com/news/technology-29689949 Google's current piracy fighting plan.10/20/2014 - 6:58pm
Andrew EisenYikes. http://boingboing.net/2014/10/20/vultures-circle-gamergate.html10/20/2014 - 6:25pm
Neo_DrKefkaDestructoid Editor in Chief stepping down after allegations surface about blacklisting will he be next? http://allmannerofnerdery.tumblr.com/post/100526443850/im-leaving-destructoid10/20/2014 - 6:05pm
james_fudgethere's some inside baseball stuff going on in this Andrew - likely some stuff we don't know10/20/2014 - 3:30pm
E. Zachary KnightGreat musical video about online trolling. https://www.youtube.com/watch?v=_nS-QeM2ne810/20/2014 - 2:46pm
Andrew EisenBut again, this whole thing is just too damn vague to form an opinion on.10/20/2014 - 2:40pm
Andrew EisenWithout the original communication, it's impossible to say if it could honestly be misconstrued as a friendly suggestion rather than an employer directive. However, it appears that subsequent emails should have cleared up any doubt.10/20/2014 - 2:40pm
Andrew EisenThose aren't the owner's words, they're Chris Dahlen's. For what it's worth, we do see an email from Gonzalez stating "you've already broken the only rule we set for you!!!!!!!"10/20/2014 - 2:38pm
Michael ChandraSo really the guy's own words strike me as "wah! How dare you disagree with me!" behaviour, which is the sort of childish attitude I am unfortunately not surprised by.10/20/2014 - 2:17pm
Michael ChandraCorrect AE, but then again the owner's own words are about "wishes", not about an order. No "we told him not to", but going against his wishes.10/20/2014 - 2:16pm
Matthew Wilsonyup. sadly that has been true for awhile.10/20/2014 - 2:10pm
james_fudgewelcome to 2014 politics. Increasingly fought online10/20/2014 - 1:54pm
E. Zachary KnightIt is honestly a shame that anyone has to publicly state they are against such vile behavior, but that is the sad life we live.10/20/2014 - 1:46pm
E. Zachary KnightDecided to publicly reiterate my opposition to harassment campaigns. http://randomtower.com/2014/10/just-stop-with-the-harassment-and-bullying-campaigns-already/10/20/2014 - 1:45pm
Andrew EisenMichael Chandra - Unless I overlooked it, we haven't seen how the directive to not talk about whatever he wasn't supposed to talk about was phrased so it’s hard to say if it could have been misconstrued as a suggestion or not.10/20/2014 - 12:35pm
 

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