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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Matthew Wilson@info depends on the sector. for example, have you looked at how powerful unions are in the public sector? I will make the argument they have too much power in that sector.07/07/2015 - 12:39pm
InfophileIt's easy to worry about unions having too much power and causing harm. The odd thing is, why do people seem to worry about that more than the fact that business-owners can have too much power and do harm, particularly at a time when unions have no power?07/07/2015 - 12:31pm
Matthew Wilsonthe thing is unions earned their bad reputation in the US. the way unions oparate the better at your job you are, the likely you want to be in a union.07/07/2015 - 11:33am
InfophilePut that way, "right to work" seems to have BLEEP-all to do with gay rights. Thing is, union-negotiated contracts used to be one of the key ways to prevent employers from firing at will. Without union protection, nothing stops at-will firing.07/07/2015 - 11:06am
Infophilehas an incentive to pay dues if they're represented either way, so the union is starved for funds and dies, unless things are bad enough that people will pay dues anyway.07/07/2015 - 11:02am
InfophileFor those who don't know, "right to work" laws mean that it can't be a condition of an employment contract that you pay union dues. That is, the right to work without having to pay dues. Catch is, unions have to represent non-members as well, so no one...07/07/2015 - 11:01am
MechaCrashUnexpected? Seriously?07/07/2015 - 10:55am
Mattsworknamejob they wanted without the unions getting involved. The problem is, it has some unexpected side effects, like the ones Info mentioned07/07/2015 - 8:49am
MattsworknameThe problem being, right to work states exsist specificly as a counter to Unions, as the last 20 or so years have shown, the unions have been doing this countries economoy NO favors. The right to work states came into being to allow people to work any07/07/2015 - 8:49am
Infophile(cont'd) discriminatory. This can only be done for protected classes which are outlined in law (race, sex, religion, ethnicity everywhere, sexual orientation in some states). So, a gay person could be fired because they're gay and have no recourse there.07/07/2015 - 7:27am
Infophile@Goth: See here: http://www.snopes.com/politics/sexuality/firedforbeinggay.asp for a good discussion on it. Basically, the problem is that in the US, most states allow at will firing, and it's the burden of the fired person to prove the firing was ...07/07/2015 - 7:25am
Goth_SkunkAssuming that's true, then that is a fight worth fighting for.07/07/2015 - 6:58am
Yuuri@ Goth_Skunk, in many states being gay is not a protected status akin to say race or religion. It's also in the "Right to work" states. Those are the states where one can be fired for any reason (provided it isn't a "protected" one.)07/07/2015 - 6:07am
Goth_Skunkregarded as a beacon of liberty and freedom that is the envy of the world, would not have across-the-board Human Rights laws that don't at the very least equal those of my own country.07/07/2015 - 5:47am
Goth_SkunkI find that hard to believe, Infophile. I have difficulty believing employers can *still* fire people for being gay. I would need to see some evidence that this is fact, because as a Canadian, I can't believe that the United States,07/07/2015 - 5:46am
InfophileFor that matter, even women don't yet have full legal equality with men. The US government still places limits on the positions women can serve in the military. And that's just the legal side of things - the "culture wars" are more than just laws.07/07/2015 - 5:43am
InfophileAnd that's just LGB issues. Get ready for an incoming battle on rights for trans* people. And then after that, a battle for poly people.07/07/2015 - 5:41am
InfophileA battle's been won. In many states employers can still fire people for being gay. And in many states, parents can force their children into reparative therapy to try to "fix" being gay. Those battles still need to be fought.07/07/2015 - 5:40am
Goth_Skunkand now they've switched to battles that don't need to be fought.07/07/2015 - 5:37am
Goth_SkunkIn my opinion, it was the final legal hurdle denying homosexual couples final and recognized statuses as eligible spouses. But even though this war's been won, some people are still too keen to keep fighting battles,07/07/2015 - 5:28am
 

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