Jim Brown Files Appeal in Video Game Case Against EA

[Steve_OS]

According to The New York Times, the retired football player Jim Brown asked an appellate court Tuesday to reverse a decision by a federal judge dismissing his lawsuit against the video-game publisher Electronic Arts.

Quote:

"In documents filed with the United States Court of Appeals for the Ninth Circuit, Brown argued that United States District Court Judge Florence-Marie Cooper erred when she ruled in September that Electronic Arts was exercising its First Amendment rights when it d****ted a player similar to Brown in its Madden NFL video games. Brown argues that the case was dismissed before he was given an opportunity to demonstrate the facts, which he believes would have shown that his trademark rights were violated. Cooper died in January."

[Watson]

somebody made a few bad financial moves and is looking for quick cash.


Not going to name names though.

[Maelstrom-XIII]

Does Brown really have any case? If it's a player similar to, but not actually Brown, he can't claim any violation of his rights, correct? And in any case, EA paid for the likenesses of NFL players, which would include any players in the union which I assume retired players to be (since they are receiving some benefits, however minimal, from the league). Therefore wouldn't it be a case against the NFL moreso than EA?

I'm ignorant to much case law, and I assume (read, making an arse out of u and me) that this would be the case...anyone care to enlighten or expound upon this?

[JerseySuave4]

i dont believe retired players are covered under the NFLPA

[Hova57]

if he is apart of the retired players union then yes he or hall of fame players union he may have them, the problem is likeness. i don't know if attributes can be considered likeness. he would need a pic. i don't know if a jersey number would count also.

[joec63]

This

Quote:

Jeff Brown, a spokesman for Electronic Arts, said in an e-mail message, “We remain confident that the ruling will be upheld.”

[MassNole]

EA can't afford for Brown to win this case, as doing so would give Sam Keller a slam dunk win against them as well in the other, similar lawsuit. That I don't think he has much chance to win.

[teebee]

Tell Jim to take off that silly hat and STFU