Here. We. Go. From Reuters:
A divided U.S. federal appeals court ruled against Electronic Arts Inc in a lawsuit by former collegiate athletes who accused the company of using their images in video games without permission.
By a 2-1 vote, the 9th U.S. Circuit Court of Appeals said EA’s use of the likenesses of former college players in its NCAA Football and NCAA Basketball games did not deserve protection as free expression under the First Amendment of the U.S. Constitution.
Electronic Arts, not surprisingly, plans to appeal.
Baby steps, folks. Baby steps. Somewhere, Ed O’Bannon is fist-pumping the way he did in 1995 when the Bruins won the title.
Makes EA much more likely to offer O’Bannon great settlement terms. Very possible EA & O’Bannon settle leaving NCAA & CLC as defendants 2/2.
— Michael McCann (@McCannSportsLaw) July 31, 2013
The days of everyone profiting but the college athletes are slowly but surely coming to an end.