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SBD/January 27, 2011/Colleges
Oscar Robertson Joins Class-Action Suit Against NCAA Over Use Of His Image
Published January 27, 2011
KELLER CASE: The major sports unions have asked to present oral arguments in the closely watched Keller v Electronic Arts case. Sam Keller, a former college quarterback, sued EA for allegedly using his image in video games without his permission. EA contends the video games are akin to works of art and are protected by the first amendment. A district court judge last spring refused to dismiss the case, and EA appealed to the Ninth Circuit, which is scheduled to hear oral arguments Feb. 15. Oral arguments normally are limited to the direct parties, but the sports unions filed a friend of the court brief in November on behalf of Keller, arguing the college player should be compensated by EA and the NCAA. The request asks for five minutes of time on behalf of the NFLPA, MLBPA, NBPA, NHLPA and MLSPU. EA objected to the request, stating that it is unnecessary. But if the court agrees to it, the video game maker should have an extra five minutes (Daniel Kaplan, SportsBusiness Journal).