NCAA Sam Keller vs. EA Update (Patent Arcade)

[Steve_OS]

Patent Arcade has an update on the situation.

Quote:

"In this round of motions, EA argued that Keller’s claims were barred by the First Amendment and other possible defenses under California law. As to EA’s First Amendment argument, the court stated that “[a] defendant may raise an affirmative defense that the challenged work is protected by the First Amendment inasmuch as it contains significant transformative elements or that the value of the work does not derive primarily from the celebrity’s fame. . . . The defense poses what is essentially a balancing test between the First Amendment and the right of publicity.” Slip. Op. at 6-7 (internal quotes and citations omitted). With this standard in mind, the court determined that “EA’s depiction of [Keller] in ‘NCAA Football’ is not sufficiently transformative to bar his California right of publicity claims as a matter of law.” Slip. Op. at 9. In arriving at this conclusion, the court noted that the quarterback for ASU in the game shares many of Keller’s characteristics, as the in-game ASU quarterback wears Keller’s jersey number, has the same height and weight, and is purportedly from the same home state. Id."

[rudyjuly2]

I see these lawsuits as big trouble. I think EA will have to create an open and online roster editor for people to share stuff easily because NCAA 12 will have totally crap and random rosters.

[BaylorBearBryant]

Thanks for the update Steve.

[prowler]

Keller won't give up, I'll give him that much. Too bad he didn't have this same determination when he was at ASU and Nebraska, we might not be dealing with this if he did.

[yanks26ngoin]

Someone really wants to become one of the most hated figures in America.

[SeaOfRed75]

Quote: Originally Posted by prowler

Keller won't give up, I'll give him that much. Too bad he didn't have this same determination when he was at ASU and Nebraska, we might not be dealing with this if he did.

Exactly, Keller was a douche in his short stay here in Lincoln. Thanks for this idiot being associated with Nebraska, Callahan.

[boisejames]

Quote: Originally Posted by yanks26ngoin

Someone really wants to become one of the most hated figures in America.

I wouldn't go that far. No one besides hardcore NCAA gamers know about this lawsuit. No one besides hardcore college football fans/Nebraska or ASU fans know who he is.

[IRISHFBFAN1]

Quote: Originally Posted by yanks26ngoin

Someone really wants to become one of the most hated figures in America.

exactly right