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From: Sr K7/31/2013 6:27:00 PM
   of 412
LAW | July 31, 2013, 3:20 p.m. ET

Appeals Court Says Ex-College Stars Can Sue Videogame Maker Electronic Arts
Football and Basketball Players Protested Use of Their Likenesses


A federal appeals court on Wednesday cleared the way for a group of college athletes to sue Electronic Arts Inc. for allegedly stealing their likenesses for its videogames.

The ruling by the Ninth U.S. Circuit Court of Appeals in San Francisco advanced a claim by former Arizona State University quarterback Sam Keller and other ex-athletes, who allege EA used their images in NCAA Football and EA's NCAA basketball games.

EA's videogames are coveted for their attention to detail. NCAA Football represents college players with look-alike avatars with the same jersey number, height, weight, build, skin tone, hair color and home state. In the 2005 edition of the game, the virtual starting quarterback for Arizona State shared the real Mr. Keller's physical traits, play style and facial features.

EA's lawyers argued that the depiction of college players in its games amounts to expression protected by the First Amendment.

But to earn that protection under California law, EA had to show its game added creative elements that transformed the avatars into something more than a "mere celebrity likeness or imitation," wrote Judge Jay Bybee for the majority.

EA's use of Mr. Keller's likeness, he said, "does not qualify for First Amendment protection as a matter of law, because it literally recreates Keller in the very setting in which he has achieved renown."

A spokesman for EA said the company was disappointed by the ruling and would seek "further court review." EA could ask the Ninth Circuit to rehear the case or petition the U.S. Supreme Court. If the courts decline, the suit would move on to trial.

The ruling was the second this year in which a federal appeals court said the company couldn't use the First Amendment as a shield against legal claims.

In May, the Third U.S. Circuit Court of Appeals held that former Rutgers University quarterback Ryan Hart could sue EA in a bid to collect some of the profits the company made from the 2004, 2005 and 2006 installments of NCAA Football, which featured his likeness without his permission.

The lawsuits are part of a broader legal campaign that, if successful, could force the National Collegiate Athletic Association to tweak its longstanding rule that college athletes can't profit from their celebrity. Electronic Arts pays the Collegiate Licensing Co., the NCAA's licensing arm, to use school and team names, uniforms and even fight songs. But the company doesn't compensate college players.


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From: Sr K8/20/2013 1:07:57 PM
   of 412

Electronic Arts (EA) announced that the official game demo for the EA SPORTS NHL14 is available for download today in N. America on MSFT Xbox LIVE and SNE PlayStation Network.

12:18 PM

EA (27.74 +4.4%): Co announced Plants vs. Zombies 2 reached over 16 mln downloads worldwide; #1 on the AAPL App Store in 137 countries worldwide.

52-week high 27.92 about an hour ago.

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From: Sr K9/24/2013 3:56:25 PM
   of 412
12:22PM Electronic Arts announces EA SPORTS FIFA 14 is available in retail stores now throughout North America, and as a digital download on Origin ( EA) 26.60 +0.41 : The game releases worldwide later this week. More than 5 million fans worldwide-the most ever for an EA SPORTS game-have played the FIFA 14 demo and the game has received 32 review scores of 9 out of 10 or higher, including five perfect scores.

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To: Sr K who wrote (382)10/1/2013 5:59:34 PM
From: Sr K
   of 412
Not surprising, that it was #1 on iPhone free and iPad free lists.

1. “FIFA 14 by EA SPORTS”, Electronic Arts

EA was +3.41% today, closing at 26.42. The multi-year high is 28.13 on 8/23/13.

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From: Sr K3/4/2014 7:08:52 PM
   of 412
52-week high 28.86 today.

Close 28.81.

Day's Range:
28.37 - 28.86

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From: Sr K5/31/2014 10:16:40 PM
   of 412

Proposed $40 Million Settlement Set for College Players
Payouts Could Go to More Than 100,000 Athletes

Associated Press

May 31, 2014 4:45 p.m. ET

A $40 million settlement has been completed that will pay college football and basketball players dating to 2003 for the use of their likenesses in NCAA-branded videogames.

The payouts could go to more than 100,000 athletes, including some current players, who were either on college rosters or had their images used in videogames made by Electronic Arts featuring college teams. Lawyers for the plaintiffs say it would be the first time college athletes will be paid for the commercial use of their images.

Depending on how many athletes apply for the settlement, the payments could range from as little as $48 for each year an athlete was on a roster to $951 for each year the image of an athlete was used in a videogame.

"We're incredibly pleased with the results of this settlement and the opportunity to right a huge wrong enacted by the NCAA and EA against these players and their rights of publicity," said Steve Berman, one of the lead attorneys in the case. "We've fought against intense legal hurdles since filing this case in 2009 and to see this case come to fruition is a certain victory."

The settlement is with Electronic Arts and Collegiate Licensing Co., which licenses and markets college sports, and doesn't include the NCAA. The case against the NCAA is scheduled for trial early next year.

Plaintiffs in the case, which dates to 2009, contend the NCAA conspired with Electronic Arts and Collegiate Licensing Co. to illegally use their images in videogames.

U.S. District Judge Claudia Wilken still must approve the proposed settlement, which comes on the eve of a major antitrust trial against the NCAA that could reshape the way college sports operate. That case, featuring former UCLA basketball star Ed O'Bannon and others as lead plaintiffs, goes to trial June 9 in Oakland, Calif.

According to documents filed with the court late Friday, attorneys for Mr. O'Bannon and 20 other plaintiffs say they have already run up legal fees exceeding $30 million and expenses of more than $4 million in pressing their case. They are seeking an injunction that would stop the NCAA from enforcing rules that prohibit athletes from profiting from their play in college.

Mr. O'Bannon, who led UCLA to a national title in 1995, is also part of the group settling with EA Sports and Collegiate Licensing Co. Also covered by the settlement are suits brought by former Arizona State quarterback Sam Keller, former West Virginia football player Shawne Alston and former Rutgers player Ryan Hart.

According to the filing, a pool of money will be available to players after attorneys take 33% of the proposed settlement and up to $2.5 million in expenses. Named plaintiffs like Mr. O'Bannon and Mr. Keller will receive $15,000, while others who joined the suit later would get $2,500 or $5,000.

The majority of the money, however, will go to athletes who file for claims, a group that attorneys say could contain between 140,000 and 200,000 players who were on football and basketball rosters from 2003 on. The final payouts will depend on how many of those athletes file claims in the class-action case.

EA Sports announced last year it would stop making the long-running NCAA football videogame series because of the litigation and other issues in securing licensing rights.

—Copyright 2014 Associated Press

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From: Sr K6/9/2014 1:25:15 PM
   of 412

June 9


NCAA Reaches $20 Million Settlement With Ex-Players Over Videogames
The Agreement Covers College-Themed Basketball, Football Games Produced by Electronic Arts

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From: Sr K1/28/2015 10:30:27 AM
   of 412
EA up 11% after earnings.

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From: JakeStraw3/19/2015 3:10:09 PM
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EA and Visceral Games Announce Battlefield Hardline Is Available Now

Take the Fight to the Streets in this New Take on Battlefield Built on Strategy, Speed and Story in a Cops versus Criminals World

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From: more1005/19/2016 4:40:36 AM
   of 412
$EA may give another buying opportunity. One of a few strong stocks in the market

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