A United States court of appeals today rejected EA and NCAA's latest appeal over the use of collegiate athletes' likeness in the publisher's games.

　　The 2-1 ruling from the Ninth Circuit Court of Appeals dismissed EA's claim that the practice of using an athlete's likeness was protected under the First Amendment.

　　The case was originally filed in May 2009 by former Arizona State University and University of Nebraska starting quarterback Sam Keller.

　　Keller and his legal team, Hagens Berman Sobol Shapiro LLP, contend that EA's NCAA games use athletes' likenesses, including accurate depictions of height, age, and weight, without permission.

　　"Today’s ruling, combined with the NCAA's decision not to renew its license, speaks volumes about the actions of the defendants," attorney for Keller Steve Berman said in a statement. "We are confident that EA and the NCAA made millions of dollars at the expense of student-athletes by improperly taking property belonging to the athletes and the athletes alone. This ruling will give us a chance not only to recover the value of the images for the college athletes, but also to punish EA and the NCAA for intentionally profiting off of things they knew were off limits to them."

　　In a separate ruling today, EA prevailed against former Cleveland Browns running back Jim Brown in a similar case on that grounds that his likeness was "artistically relevant" to the games. The NFL Hall of Famer had been alleging that EA was illegally profiting from his likeness and identity due to the publisher's inclusion of a physically and statistically similar running back on its "All Browns Team" of Cleveland football greats.

　　"We're pleased with the outcome regarding Jim Brown’s likeness, but equally disappointed with the ruling against First Amendment protection in the Keller case," an EA representative told GameSpot. "We believe the reasoning in Judge Thomas' dissent in that decision will ultimately prevail as we seek further court review."

　　You need a javascript enabled browser to watch videos.

　　Click To Unmute

　　Video Review - NCAA Football 14

　　How Alan Wake II Made Me Face My Fear of Horror Games

　　GameSpot's Top 10 Games of 2023Thompson: The Pop Culture Icon’s Strange Legacy - LoadoutFirearms Expert’s FAVORITE Weapons Of 2023State Of Gaming Handhelds In 2023How Lies of P Cracked the Souls GenreLike a Dragon: Infinite Wealth - Official Ichiban Kasuga Character Spotlight TrailerLike a Dragon: Infinite Wealth - Official Saeko Mukoda Character Spotlight TrailerLike a Dragon: Infinite Wealth - Official Chitose Fujinomiya Character Spotlight TrailerLike a Dragon: Infinite Wealth - Official Eric Tomizawa Character Spotlight TrailerLike a Dragon: Infinite Wealth - Official Kazuma Kiryu Character Spotlight TrailerLike a Dragon: Infinite Wealth - Official Yu Nanba Character Spotlight Trailer

　　Share

　　LinkEmbed

　　Size:640 × 360480 × 270

　　Start at: End at: Autoplay Loop

　　Want us to remember this setting for all your devices?

　　Sign up or Sign in now!

　　Please use a html5 video capable browser to watch videos.

　　This video has an invalid file format.

　　00:00:00

　　HTML5

　　Auto HD High Low

　　Report a problem

　　Sorry, but you can't access this content!

Please enter your date of birth to view this video

　　By clicking 'enter', you agree to GameSpot's

　　Terms of Use and Privacy Policy

　　enter