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

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Re: Former Rutgers Player Loses Lawsuit Against EA

Submitted by MartyB on Mon, 09/12/2011 - 11:18.

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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Cecil475: @PHX Corp - The dude's a moron who wouldn't know crap if it came up and kicked him.05/19/2013 - 6:36am

PHX Corp: http://kotaku.com/ea-sports-developer-calls-wii-u-crap-and-nintendo-wa-508481261 EA Sports Canada Moron calls Wii U 'Crap' and Nintendo 'Walking Dead'05/18/2013 - 11:42am

E. Zachary Knight: If the videos are of sufficient quality that people subscribe and watch regularly, then those let's players are providing a service that people want. That is the heart of capitalism. That is not something that should be shamed.05/17/2013 - 8:06am

E. Zachary Knight: I have no idea who either of those people are. However, I still don't see why making a business out of creating let's play videos is somehow evil or wrong.05/17/2013 - 8:04am

MaskedPixelante: It sure is if you're just doing it for the money. See Tobuscus and/or Pewdiepie for what happens when people get into it just for the money.05/17/2013 - 7:30am

E. Zachary Knight: Why is it wrong to make money doing LPs? Why should that be something that should be shamed?05/17/2013 - 6:20am

MaskedPixelante: https://twitter.com/PsychedelicSA/status/335183893214924801 Now here's an interesting, glass half full thought about the Nintendo LP thing. It outs the people who are just doing LPs to make money.05/17/2013 - 5:56am

E. Zachary Knight: I responded in writing to all this "let's play" stuff Nintendo Started. No need for my permission, I won't give it. It's not mine to give. http://divineknightgaming.com/?p=29205/16/2013 - 2:21pm

E. Zachary Knight: Lars Doucet of Levelup Labs has a Reddit going on game companies that allow monetization of Let's Play videos. http://www.reddit.com/r/Games/comments/1egayn/lets_build_a_list_of_game_studios_that_allow/05/16/2013 - 1:04pm

Sleaker: @Imautobot - yah I wouldn't use an emulator as a good first run test of how stable the console is, haha.05/16/2013 - 11:47am

E. Zachary Knight: The 50th person to jump off a bridge is just as dumb if not dumber than the 1st.05/16/2013 - 10:03am

MaskedPixelante: Yeah, let's all jump on Nintendo for doing this, even though they're hardly the first company to do this...05/16/2013 - 9:47am

E. Zachary Knight: Wow Nintendo, this is wrong. http://kotaku.com/nintendo-forcing-ads-on-some-youtube-lets-play-video-50709238305/16/2013 - 8:44am

Imautobot: @Sleaker, further gameplay has revealed that the controller button do stick under the faceplate. Also, The NES emulator (Emuya)keeps crashing on me, though I think a bad ROM is causing it.05/16/2013 - 7:10am

Papa Midnight: AE: I wonder if any other publishers will follow suit.05/15/2013 - 8:12pm

Andrew Eisen: EA is ditching Online Pass. http://venturebeat.com/2013/05/15/ea-kills-its-controversial-online-pass-program/05/15/2013 - 7:20pm

Avalongod: @Zach and quicnkold...I've read the bill and the intent of it is to fear-monger. It's not a balanced message. I don't recall the ESRB being mentioned at all. It's more "keeps your kids away from these movies/games or they'll become violent"05/15/2013 - 4:35pm

E. Zachary Knight: quiknkold, The big problem with that legislation is the amount of misinformation out there. Who is going to ensure that the information in the pamphlet is accurate?05/15/2013 - 3:25pm

quiknkold: REBeardogg : I'm on the fence about this. on one side, I want parents to be aware of the ESRB, and even Movie Ratings. On the other hand, I feel this will be used for nothing but Propaganda. The ESRB does a good job.05/15/2013 - 3:07pm

IanC: Frostbite is coming out on iOS devices. Yet the Wii U cant handle it? *coughbullshitcough*05/15/2013 - 2:31pm

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