Skip to main content

Former NCAA QB wins appeal, sets up First Amendment showdown with EA

ryan-hartFormer Rutgers quarterback Ryan Hart won his appeal in an ongoing lawsuit against EA Sports regarding the unauthorized use of his likeness in the NCAA Football series of games earlier this week, according to Kotaku. Hart’s victory comes after a Federal District Court judge dismissed his suit in 2011, ruling that EA has a First Amendment right to depict college football players.

Hart appealed the ruling to the 3rd Circuit Court of Appeals, and the three-judge panel sided with the former quarterback in a 2-1 decision, ruling that “[t]he various digitized sights and sounds in the video game do not alter or transform the appelant’s identity in a significant way,” according to Judge Joseph Greenaway.

Recommended Videos

The legalities of depicting NCAA players in a for-profit manner are murky at best, and this case may help to create a new precedent. Former Nebraska and Arizona State quarterback Samuel Keller is at the Federal Appeal level in a different district with an identical complaint. Keller’s case was already combined with that of former UCLA player Ed O’Bannon, who seeks to make it a class action suit.

According to NCAA rules, a player cannot profit off of their athletic performance. Even the action of selling personal memorabilia is prohibited, as former Ohio State quarterback Terrelle Pryor and four of his teammates found out in 2010, leading to a five game suspension. 

While the players themselves are prohibited from receiving any compensation, the schools and other companies with license rights to NCAA football are not. Companies can sell the jerseys of any player they wish as long as that player’s name is not on the jersey, because that player would then be legally entitled to receive some of the revenue from that sale, a violation of NCAA rules. The same is true of EA Sports’ NCAA Football game series. NFL Players negotiate for fees through the Players Association, but the NCAA players cannot.  

Hart, who played for Rutgers from 2002-2005, claims that EA Sports used his likeness down to his actual football skills, his physical appearance, his stats, and even his background information. Hart’s lawyers claimed that EA essentially stole the likeness of Hart and other college football players for profit.

EA insists that the use of the players is done in such a way to create an “expressive transformation,” which would give them protection under the First Amendment. The arguments are not far removed from those EA is currently using in defense of its decision to no longer pay license fees to gun manufacturers in order to feature real weapons in games, as that too is protected under the First Amendment. 

The case will now be sent back to the District Court level for another hearing. If successful, these cases could have a significant impact both on the way the NCAA treats its players and on the future of college football video games.

Michael Rougeau
Former Digital Trends Contributor
Mike Rougeau is a journalist and writer who lives in Los Angeles with his girlfriend and two dogs. He specializes in video…
Mafia: The Old Country: release date window, trailers, gameplay, and more
Enzo aiming a rifle in Mafia: The Old Country.

In the era of Grand Theft Auto clones, one series managed to stand out by offering a unique setting and a compelling crime drama. Mafia gave us a deep dive into the world of organized crime in various time periods across American history, with rich open worlds to explore and plenty to do and see. Now, an upcoming video game is reviving the series as a prequel to them all. It's called Mafia: The Old Country and it will show us the underworld in a completely new setting, somewhat like Ghost of Yotei. We managed to smuggle out all the information there is about this upcoming PS5 game.

Mafia: The Old Country is also on our lists of upcoming Xbox Series X games and upcoming PC games, but you won't find it on the list of upcoming Switch games.
Release date window

Read more
Turok: Origins: everything we know so far
A turok fighting dinosaurs in Turok: Origins.

Before there was Horizon, the iconic dinosaur hunter was Turok. This series was at its peak on the N64, but has remained untouched since 2008. Much like Onimusha: Way of the Sword, Turok is making a comeback after over a decade away. Turok: Origins is an upcoming video game from Saber Interactive. The game might look like Ark 2 at first glance, but Turok: Origins is an exciting upcoming PlayStation 5 game for very different reasons. Let's stalk our prey and hunt down all the information we can about this new co-op game.

For a full list of all the upcoming Xbox Series X games, upcoming PC games, and upcoming Switch games, look no further than our comprehensive lists.
Release window speculation

Read more
What’s new in January 2025: 7 upcoming games worth checking out
Key art for Dynasty Warriors: Origins.

The new year is poised to be an excellent year for video games. If all goes according to plan, we'll get a new Nintendo console, Grand Theft Auto VI, and other new games in beloved series like Borderlands, Doom, Fatal Fury, Mafia, Metroid Prime, Monster Hunter, and Assassin's Creed. While the first month of the year doesn't have many heavy hitters, January does establish a feeling that 2025 will be a year full of beloved series making comebacks. We're getting remasters of beloved games like Freedom Wars and Donkey Kong Country Returns in addition to Dynasty Warriors: Origins, which will reinvent the Musou formula.

While you're probably still recovering from working through your gaming backlog over the holiday, video game releases aren't slowing down. To help you get a better idea of which particular games you should be keeping an eye on, I've rounded up seven of the most tantalizing games set to launch sometime during January 2025.
Freedom Wars Remastered (January 10)
FREEDOM WARS REMASTERED — Announcement Trailer

Read more