EA Sports has seen more than a few football related lawsuits over the past couple years and recently one of those suits was resolved. The New York Times is reporting that Jim Brown's lawsuit against EA has been dismissed outright.
Brown contested that the appearance of a character like himself in Madden NFL was a false endorsement. EA argued for First Amendment rights that allowed characters similar to celebrities to be used, and last Wednesday, United States District Court Judge Florence-Marie Cooper ruled in their favor.
“The Madden NFL video games are expressive works, akin to an expressive painting that depicts celebrity athletes of past and present in a realistic sporting environment,” wrote Cooper.
“We’re pleased with the decision and believe it is consistent with other rulings, which affirm video games are expressive works protected by the First Amendment,” noted Jeff Brown, a spokesman for Electronic Arts.
The outcome of this lawsuit is significant because of how it could impact a suit by Sam Keller, a former Nebraska player who sued Electronic Arts and the NCAA in May for its use of the images of college players without their permission. An attorney for Keller, Rob Carey said this decision did not affect their case. “I don’t believe this judge’s opinion foreshadows anything,” he said. “I expect our judge to say the First Amendment doesn’t apply.”
Brown and Herb Adderley, another NFL retiree, both filed motions in favor of Keller, arguing that a dismissal could harm them and other retired athletes. Peter Parcher, one of the lawyers who filed the brief, disagreed with the argument that Electronic Arts was protected by the First Amendment.
“When you’re doing a venture strictly for commercial profit, that’s not the First Amendment,” he said. “That’s just taking a guy’s basic identity and using it to make a profit.”
