Law360, New York (December 12, 2017, 1:57 PM EST) -- A California federal judge on Monday refused to dismiss Electronic Arts Inc. from a retired NFL player's putative class action alleging the game maker improperly used their likenesses in Madden video games, saying a recent Ninth Circuit decision EA based its motion on did not preempt the players' right of publicity claims under the Copyright Act.
U.S. District Judge Richard Seeborg told EA in the suit brought by retired NFL running back Michael "Tony" Davis and other players that the Ninth Circuit ruling in Maloney v. T3Media involved fixed photographs of former college basketball players, unlike the "dynamic, interactive, variable" gameplay...
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