EA Is In Another Lawsuit? Shocking or Expected?
- gamersunitedgg
- Jan 8, 2015
- 1 min read
A federal appeals court judge ruled earlier this week that retired NFL players over EA’s juggernaut Madden football series can move forward. EA sought to have the case to be tossed out, but the judge has rejected this notion.
Via Associated Press: “The 9th Circuit said EA was not likely to prevail on its argument that its use of the former players’ likenesses was incidental and therefore protected by the First Amendment.”
Judge Raymond Fisher explained: “We hold EA’s use of the former players’ likenesses is not incidental because it is central to EA’s main commercial purpose–to create a realistic virtual simulation of football games involving current and former NFL teams.”
Former Los Angeles Rams quarterback Vince Ferragamo, claimed that the Madden NFL series featured the exact likeness and characteristics of retired players. However, the player did not give permission for their use.
EA says the court’s ruling disappointed them, but plans to fight the suit disappointed them.
“We believe in the First Amendment right to create expressive works–in any form–that relate to real-life people and events, and will seek further court review to protect it,” EA said.
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