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 :

Poll

Whose next half decade of superhero films are you most looking forward to?:

Shout box

You're not permitted to post shouts.
Neo_DrKefkaAnyone remember that portrait from Resident Evil 1 in the gallery about a Middle Aged man full of worries? Anyone know the name of that portrait?10/31/2014 - 12:45am
MechaTama31Yeah, don't see myself getting a Vita or a PSTV...10/31/2014 - 12:04am
E. Zachary KnightWatch Ultron ruin all your Disney childhood memories in this How The Ultron Teaser Should Have Ended. https://www.youtube.com/watch?v=ra1sBRLRFtc10/30/2014 - 9:23pm
ZippyDSMleeConster:they finally made a working worth while PSP emulator.10/30/2014 - 8:10pm
quiknkoldMechatama31, you can get VC2 on the Vita and Vita TV. you have to buy it through PSN on PS3 and transfer it to vita and then playstation tv. I have it on my PS TV and it works10/30/2014 - 7:15pm
MechaTama31I loved Valkyria Chronicles. Still super cheesed off that the sequels were PSP-only... :/10/30/2014 - 6:57pm
ConsterI played Steamworld Dig on the 3DS, and it's pretty fun.10/30/2014 - 6:51pm
Matthew WilsonRECOMMENDED: OS: Windows 7 Processor: Intel Core2 Duo @ 2.8GHz (or equivalent) Memory: 3 GB RAM Graphics: NVIDIA GeForce GTX 280 (or equivalent) Hard Drive: 25 GB available space10/30/2014 - 5:49pm
Matthew Wilsonhere hare the system requirements. make of ithem what you will. MINIMUM: OS: Windows Vista/Windows 7 Processor: Intel Core2 Duo @ 2.0GHz (or equivalent) Memory: 2 GB RAM Graphics: NVIDIA GeForce GTS 240 (or equivalent) Hard Drive: 25 GB available spa10/30/2014 - 5:48pm
Andrew EisenStill a game I really want to play. Hope it's a solid port.10/30/2014 - 5:42pm
Matthew WilsonValkyria Chronicles pc port needs 25ggb. not bad exept this game came out in 08 on the ps3.10/30/2014 - 4:56pm
james_fudgeEZK: my sarcasm senses are tingling ;)10/30/2014 - 4:21pm
Andrew EisenIf it's any consolation, Xbox owners, Wii U owners don't get the game at all. And if we did, we'd probably never get the DLC.10/30/2014 - 4:19pm
MaskedPixelantehttp://kotaku.com/destinys-new-dlc-kinda-screws-over-xbox-players-1652294153 Sucks when the shoe's on the other foot, huh.10/30/2014 - 4:12pm
E. Zachary KnightSo a vocational school in Oklahoma is being evacuated because someone found a briefcase in the bathroom. Imagine that. A briefcase ina school. That's unpossible.10/30/2014 - 3:33pm
prh99Also, Nintendo wants to watch you sleep..for Science! (*in best Cave Johnson voice) http://arstechnica.com/gaming/2014/10/nintendo-wants-to-watch-you-sleep-for-science/10/30/2014 - 2:47pm
prh99I got it in a Humble Bundle, it's ok but the hype is definitely over blown. Also, only being able dig in the four cardinal directions made for some irksome digging..10/30/2014 - 2:38pm
E. Zachary KnightI enjoyed it. It was very short, but rewarding and fun.10/30/2014 - 2:35pm
Andrew EisenAgainst my better judgement (game looks boring to me), I purchased Steamworld Dig. It's highly praised and it was on sale. Hopefully I'll be wrong about it and think it's as awesome as everyone else.10/30/2014 - 2:09pm
quiknkoldhttp://www.pastemagazine.com/articles/2014/10/femme-doms-of-videogames-bayonetta-doesnt-care-if.html10/30/2014 - 1:15pm
 

Be Heard - Contact Your Politician