Monday, January 13, 2014

SCOTUS Bursts NCAA's Video Game Appeal Bubble

Sports game fans and NCAA supporters had a rough day with SCOTUS (Supreme Court of the United States).

A brief background: Former collegiate players sued the NCAA for making profits off the players' names and likenesses.  Those of you who have played EA Sports games in the past are no doubt familiar with players named "PF 31" for UCLA with Ed O'Bannon's height, weight, and attributes.  Plaintiffs alleged misappropriation, a privacy tort that prevents tortfeasors from using one's name or likeness for pecuniary gain (profit) without the person's consent.

The gist of this ruling: Players won against the game providers and several arms of the NCAA.  The NCAA chose not to appeal the decision and some argue tried to "freeload" their way through the appeals process, never thinking that EA and others would actually settle.  But the companies did settle (goodbye NCAA Football & Basketball games) and now the NCAA is on the outside looking in (much like Kentucky in last year's NCAA Men's Basketball Tournament).

After the appeals lawsuit was settled between EA and the players, the NCAA's First Amendment arguments disappeared and the NCAA petitioned SCOTUS to intervene with their First Amendment arguments.  SCOTUS rejected the motions to intervene today, endangering the NCAA in their attempts to rejoin the legal arguments.

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