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EA's Appeal For Full-Court Hearing In Ryan Hart Case Rejected
Published June 26, 2013
EA earlier this month filed a petition to have the case heard before the whole circuit court, known as an en banc appeal. Several major media companies filed briefs supporting EA’s appeals, including Dow Jones, ESPN and Advance Publications. Advance is the corporate parent company of THE DAILY.
The Third Circuit notice turning down the appeal noted two judges, Thomas Ambro and Julio Fuentes, supported the appeal. The motion did not say how many judges turned down the appeal. The court’s web site lists 25 judges. EA, which contends the use of Hart’s and other collegians’ images in its video games are protected by the First Amendment, could appeal to the Supreme Court. It could also await the outcome of two similar cases brought against it by Pro Football HOFer Jim Brown and former Arizona State QB Sam Keller, currently waiting decision in the Ninth Circuit Court of Appeals.