EA To Finally Face Lawsuit From Former NFL Players

Admin Posts : 910 Join date : 2012-05-09

Quote :: Back in 2010, a class action lawsuit was filed against EA by approximately 6,000 retired National Football League players for the unlawful use the players' likenesses in the company's Madden series. Almost five years later, the case is moving forward.

The Associated Press reports that a federal appeals court gave the go-ahead on Tuesday, despite EA's argument that the use of the likenesses was incidental and as such was protected by the First Amendment.

"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," wrote Circuit Judge Raymond Fisher in his opinion.

Naturally, EA isn't too happy with the decision.

"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," the company said in an official statement.

EA faced a similar lawsuit in 2013, after college athletes alleged it had used their likenesses in its games without offering compensation. The suit eventually cost EA approximately $40 million.