Electronic Arts games "Madden NFL" did not rip the similarities of the players, the video game makers existed before a federal judge on Friday.
After seven years of legal arguments, Electronic Arts lawyers and retired NFL players before district judge Richard Seeborg were back and debated whether avatars representing players in EA games, violent The copyright of California.
EA has a summary judgment on part of the player's legal right after Civil Code no. 3344, which prohibits the use of a person's name, voice, signature, photograph or likeness. The case is being conducted on equality.
"It seems that the main battle will be whether the visual images we are talking about, easily identifiable," said Seeborg, meaning that if someone who plays a Madden NFL game, watch the game Avatar and immediately can assume this Player of the NFL to buy Madden coins, is the Avatar.
Michael Davis, Vince Ferragamo and Billy Joe Dupree prosecuted in 2010 on behalf of 6000 NFL players in the retired ambition, which dealt with the use of avatars, which were very similar to them in "Madden 2021" - a Game that allowed the players to meet, "historical team" against another
Davis claimed that EA tried to pay for it, because he had used his image in the 1973 Buccaneers team by changing his shirt number and position on the pitch, although the player can still recognize his name, Age, height and weight,
In a 2012 decision, Seeborg refused to condemn the case from the anti-slaap law of California, and a panel of three judges from the ninth circuit confirmed this decision in 2015 , Holding that games are not covered by the protection of the first amendment for artistic creations.
But Seeborg subsequently refused to certify a national-class player and said he could not enforce a California law for each proposed class member in the country.
On Friday, lawyer EA Nicholas Marais argues that Madden NFL 7,582 avatars have all the generic faces, so a player can not tell who the players are just by watching their photos. The game of players omits name, but shows the age, height, weight, years as pro, position and team.
"Equality has been repeatedly identified as a visual image," says Marais.
Lawyer of the players Brian Henri said that these statistics should be enough to make the players easily identifiable. He said Seeborg might be able to other factors, such as marketing game materials and player statistics to determine equality.
But Seeborg seemed to look at the similarity release in favor of EA. He distinguishes Madden NFL from White v. Samsung Electronics where White Vanna has accused manufacturers of electronic products to use their image without permission of a VCR indicator. The screen showed a robot with blond hair in a dress and stand next to a board, which hit the wheel of fortune.
Seeborg said he had played the game Madden NFL and the game currency Madden 21 coins, and he had to refer to extrinsic elements to identify the avatars that specific players.
"I only know their characteristics, because I have to refer to another material that is undeniably included in the game. If I look at the picture of the person I am unable to determine who without the other information is" Says Seeborg,
Henri said he was still breaking the law, given that games are marketed to appeal to play specific teams and gamers the desire of consumers. There is an economic value to be able to play Madden NFL than Joe Montana.
"If the player wants to imagine that he is Joe Montana, that's their right to do it, but it's not a violation of 3334," said Seeborg.
If EA wanted to introduce the players as himself as Joe Montana, EA failed with this intention, if the avatar does not have the name of Joe Montana and does not see it like that?
"If they try, but do not succeed and end up with an image that people do not really want to know, it would not be a 3334 violation, would it? Asked Seeborg.
Henri said it was clear that consumers know they have to play like some famous players.
"They market they are able to come back in time to play and the historic teams," Henri said.
Marsh said the market is irrelevant, and he only takes a look at the anonymous generic avatars, to throw to publish without delay.
"The information and the text are not a visual image and do not rise to the level of an Alike?
SHARE WITH FRIENDS
GOLDKK - ACNH Items Store
GOLDKK - ACNH Items Store