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Video Games


Bill Russell, an ex-Celtics basketball star, has filed a lawsuit against the NCAA for antitrust conspiracy for preventing players from receiving compensation for the use of their likeness. This lawsuit is the latest of many that have been filed. Actually, there have been multiple lawsuits against sports leagues (like the NFL) and other such organizations over the years. Of nerdy interest is that Electronic Arts, who is also a defendant in many others lawsuits from former college sports stars over use of their likeness, is also a defendant. Electronic Arts is, of course, one of the biggest names in video games. EA has followed a defense in this case similar to others: pointing out that there are thousands of players represented in the game and that players have the option of altering the appearance. In effect, that the real sports player’s likeness is more of a starting point for the video game player’s creativity. This defense has succeeded before at the trial court level.


About Nerds in Court

John G. Nowakowski, Esq. (LLMT), is a graduate of the University of San Diego School of Law, and is licensed to practice law in California and Nevada. Christina R. Evola, Esq. is a recent graduate of the University of San Diego School of Law where her studies focused on intellectual property, antitrust, and media law. She is a lifelong gamer and avid cosplayer. DISCLAIMER: ‘Nerds in Court’ is for entertainment purposes only. Nothing should be construed as legal advice, or any advice for that matter, and no attorney-client relationship is formed by reading these posts. Do not consider information provided here as a substitute for obtaining legal advice from a qualified, licensed attorney in your state.

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