I met Jack Squat a couple years ago playing golf, think he was from Scotland.
I met Jack Squat a couple years ago playing golf, think he was from Scotland.
Originally Posted by SCClassof93
EA plans to appeal Keller case to Supreme Court
Video game manufacturer Electronic Arts plans to appeal two cases involving the use of college athletes' names and likenesses to the U.S. Supreme Court, the company said in a court filing Monday.
The filing came in connection with a lawsuit filed by former Arizona State and Nebraska quarterback Sam Keller. A three-judge panel from the 9th Circuit Court of Appeals recently voted 2-1 to reject a bid by EA to strike Keller's claims. With the case's formal referral back to a district court scheduled to occur Aug. 21, EA on Monday asked the 9th Circuit to delay that action for 90 days, pending the filing of EA's petition for the Supreme Court to hear both the Keller case and a suit involving former Rutgers quarterback Ryan Hart.
In the Hart case, EA failed in a bid to get a favorable ruling from a three-judge panel in the 3rd Circuit and then was rebuffed in an effort to have that ruling reviewed by the circuit's entire judging panel.
The Keller case has drawn attention from a wide range of interests in the entertainment and media worlds because it revolves, in part, around whether EA's product was protected under the First Amendment as an artistic creation.
The NCAA and and the nation's leading collegiate trademark licensing and marketing firm, Collegiate Licensing Co., are co-defendants in the Keller case, but the First Amendment issue and others involved in the appeal related to the EA's role in the case.
The case's potential ramifications prompted the filing of friend-of-the-court arguments with the 9th Circuit in favor of EA's position by entities and companies ranging from the Motion Picture Association of America, ESPN, the Comic Book Legal Defense Fund and publishing interests including the Gannett Co., the parent of USA TODAY Sports. Lining up on Keller's side were, among others, the players' unions of every major North American pro sports league, the Screen Actors Guild and the corporation that controls rights held by the late Bob Marley.
At issue is Keller's and Hart's right to control the use of their names, images and likenesses -- against EA's First Amendment right to use his likeness in what the company says is an artistic, or expressive, work.
"In both cases, the dissenting judges, vigorously argued that EA's constitutional protection trumps the athletes' interests," EA's lawyers wrote Monday. "… EA's petition for certiorari (appeal to the Supreme Court) thus raises a critical issue of constitutional law: what is the proper test for determining whether the First Amendment bars a right-of-publicity claim arising from the use of a celebrity's name or likeness in an expressive work? … This issue has broad implications among content creators, who struggle to discern the scope of First Amendment protection afforded to motion pictures, books, video games, and other expressive works that use real-life individuals' names and likenesses. As with any issue involving freedom of expression, uncertainty inevitably leads to self-censorship, as creators and distributors of expressive works attempt to avoid costly litigation."
Well this is the WHOLE BALL OF WAX folks. The 1st Amendment is EA's best defense and a win on that issue would save the series/status quo from now until eternity (or until the SCOTUS changes its mind).
So if SCOTUS decides to take up the case and hear the appeal, how soon/long would it be before a decision is handed down?
Technically eternity SCOTUS can take as long/short as they want to issue an opinion. There is also the possibility of a "punt" kick it back down on a "technicality" and not reach the merits.
Most likely, the opinion would come down at the end of the term after oral argument. The oral argument would likely occur in the Court's October 2014 Term but they have different "sittings" so the opinion could come down really at anytime. However, this is a fairly large and somewhat interesting/important case that could (likely) be a very HOT/DIVIDED court. I suspect this case to come down 5-4 on the issue. So the opinion wouldn't likely come out at the end of the term which would roughly be June/July 2015.
loosely translated= he aint be got no idea
It's just frustrating to see how far this has gone up the food chain.
I've been saying from the beginning EA would have to have the SCOTUS save their bacon. There is a reason allot of big lawsuits are filed out in California. The trial judges are generally VERY liberal and the 9th Cir. is VERY liberal so your only hope as a Corporate Defendant is SCOTUS.
You know we agree on most issues and I agree here about the 9th circuit. However, ideology is not driving this case, money is......here is a quote from cdj's article.
The case's potential ramifications prompted the filing of friend-of-the-court arguments with the 9th Circuit in favor of EA's position by entities and companies ranging from the Motion Picture Association of America, ESPN, the Comic Book Legal Defense Fund and publishing interests including the Gannett Co., the parent of USA TODAY Sports. Lining up on Keller's side were, among others, the players' unions of every major North American pro sports league, the Screen Actors Guild and the corporation that controls rights held by the late Bob Marley.
I know for a fact that the CBLDF are some of the most liberal loons out there. Gannett is almost as bad. Motion Picture Association is no bastion of conservative or Libertarian principles either. These are all liberal groups. On the other stand, ideologically, "unions", whether the individuals in them are liberal or not are libera. Unions and Hollywood screen actors on the other side, nuff said.
I do agree if the Court even agrees to hear this we may have a 5-4 decision and it will most likely split the liberal faction.
Last edited by SCClassof93; 08-21-2013 at 07:18 AM.
Those guys all simply realize that Pandora's Box will be opened if EA loses. EVERY form of art (including comic books) will become a potential lawsuit target if this is not seen as something that is protected by the First Amendment. Ever reference ANYTHING or ANYBODY real in your movies, comic books, music, etc? Yes? Excellent, bend over!
I'm using Tapatalk 2 and the Cleveland Browns STILL suck.
You know we agree on most issues and I agree here about the 9th circuit. However, ideology is not driving this case, money is......here is a quote from cdj's article.
The case's potential ramifications prompted the filing of friend-of-the-court arguments with the 9th Circuit in favor of EA's position by entities and companies ranging from the Motion Picture Association of America, ESPN, the Comic Book Legal Defense Fund and publishing interests including the Gannett Co., the parent of USA TODAY Sports. Lining up on Keller's side were, among others, the players' unions of every major North American pro sports league, the Screen Actors Guild and the corporation that controls rights held by the late Bob Marley.
I know for a fact that the CBLDF are some of the most liberal loons out there. Gannett is almost as bad. Motion Picture Association is no bastion of conservative or Libertarian principles either
I do agree if the Court even agrees to hear this we may have a 5-4 decision and it will most likely split the liberal faction.Yep liberals are liberal until they need Conservatism to save their bacon. Hollywood is left on most things but they kinda like that ability to say what they want and do what the want in the name of free speech.
It's just a "weird" case where liberal entities need a conservative opinion here so save them so they will join forces with whomever they have to.
Below is why this series is DEAD unless SCOTUS rules EA has a 1st Amendment right to do what it has done in the past:
http://espn.go.com/blog/ncfnation/post/_/id/81020/is-ea-sports-revenue-worth-schools-risk
Bottom line schools are going to risk hundreds of thousands of dollars in legal fees and potentially millions in judgments against them for $100K a year. It's bad economics the risk/reward is out of whack. All you liberals here at TGT better kiss the ground of Kennedy and hope he sides with the Conservative block to make a 5-4 ruling in EA's favor (assuming you want the series to continue)
which is why it wont happen..they aren't going to rule that colleges lose millions of dollars just because some guys who couldn't make the pros have a hissy fit. They know that wont benefit the masses and is counter productive. Amateur athletes will just have to be redifined
After EA's handling of this year's release, that has finally been the straw that broke the camel's back for me, I'm not sure anymore if I want EA to win this case or not.
Even if they do manage to release College Football 15, I'm on the sidelines. I'm not going through this crap yet another year and release.
With this court, I wouldn't be so sure. And just because it won't benefit the masses and is counter productive doesn't mean they'll rule one way. That's not the way they do it.
You are correct SCOTUS here isn't thinking like(go figure). The liberal bloc will be thinking of it as a way to "stick it to the man" (NCAA/EA/Big Universities) and the conservative bloc will be looking at it as a way to "stick it to Plaintiffs' lawyers".
that's just a basic 2 sided opinion. The truth is you have no clue which way each individual will bend and for what reasons and neither do I. Most colleges are liberal from stuff ive heard or read but if you threaten their money they well may think the other wayYou are correct SCOTUS here isn't thinking like
I have no clue where its going or why it got so big but I doubt it will change much of anything because that many amateur jocks cant be paid like a job. They will have to find another way and classify these jocks in another way.
somewhere, somehow there will always be some form of a football video game no matter what happens with this anyway.
...hopefully better then this current piece of pseudo football junk
Madden, yes. College? Nope. Just look at college basketball. 5 years ago, if you had told me that a college basketball video game would exist, would I believe you? Hell no. But yet, here we are, a couple years now without a college basketball video game. Now while the issue with that was predominantly sales numbers, still, there is no hint of any company anywhere even considering picking up college basketball. College basketball is pretty much forever dead in video games.that's just a basic 2 sided opinion. The truth is you have no clue which way each individual will bend and for what reasons and neither do I. Most colleges are liberal from stuff ive heard or read but if you threaten their money they well may think the other way
I have no clue where its going or why it got so big but I doubt it will change much of anything because that many amateur jocks cant be paid like a job. They will have to find another way and classify these jocks in another way.
somewhere, somehow there will always be some form of a football video game no matter what happens with this anyway.
...hopefully better then this current piece of pseudo football junk
College football very well may still end up the same route, especially if more conferences drop out and a bunch of individual schools start dropping out of the game. Sure, someone can go the APF 2K8 route and make it pretty much solely user customized, but you'll still never have actual team logos in the game again. If schools drop out of the EA game, EA (and users via Teambuilder) won't be allowed to use their logos, so goodbye any chance of having, for example, Washington (with logo) in any future game. And who the hell knows in regards to stadiums. If EA isn't allowed to use the actual stadiums in the future, or if EA drops college football and someone is actually willing to expose themselves to legal issues in the future and picks it up, then every team in the game will be playing with lovely, boring ass generic stadiums and domes.
Ultimately, it'll become a shell of a college football game. A shell that I'll have no interest in playing. If I can't play with the actual Navy in their stadium, then I'm not gonna waste my money. There's a reason I never gave two shits about APF 2K8, because I wanted to play with the actual Denver Broncos, not some poorly made Denver Broncos wannabe/lookalike.
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